7th Judicial Circuit Court of Missouri, Clay County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be heard at least three days before trial, unless its grounds arise afterward.
Communication
Phone
Clerk
Document Format Requirements19 rules
Civil cases filed by attorneys shall be filed electronically in PDF format in the Office of the Circuit Clerk.
- File type
In all cases attorneys are required to electronically file all written documents in PDF format.
- File type
All subsequent filings in a criminal case shall be filed electronically in PFD format in the Office of the Circuit Clerk.
Formatting
- •PFD format
The proposed order, judgment, or decree for a default or uncontested matter must be submitted in hard copy.
- File type
- Paper
Court's wording
In default or uncontested motions or hearings, a hard copy of the proposed order, judgment, or decree, together with one copy thereof for issuance to each party affected thereby, shall be submitted to the judge at the time the case or motion is heard unless additional time is granted by the judge.
The prevailing pro se party must file a hard copy of the proposed order, judgment, or decree.
- File type
- Paper
Court's wording
If the prevailing party is pro se, it shall be the duty of that party in whose favor an order, judgment, or decree is rendered to prepare it in accordance with the judge’s findings and file a hard copy of the proposed order, judgment, or decree with the judge’s clerk together with a copy thereof for issuance to each party affected thereby within the time designated by the judge.
The prevailing represented party’s proposed order, judgment, or decree must be submitted as an editable Word document.
Court's wording
Unless otherwise ordered by the judge, in all cases heard by a circuit judge, following a contested motion or trial in which the prevailing party is represented by an attorney, it shall be the duty of the party in whose favor an order, judgment, or degree is rendered to prepare the document in accordance with the judge’s findings and submit it as a Word document in a format that can be edited to the judge’s clerk at the clerk’s e-mail address within the time designated by the judge.
Any proposed findings of fact and conclusions of law shall be submitted as a Word document to the judge’s clerk at the clerk’s e-mail address or as otherwise directed by the Court.
Formatting
- •Submit as a Word document
All exhibits shall be numbered consecutively, irrespective of the party offering the same.
- Exhibits
Formatting
- •Number all exhibits consecutively, irrespective of the party offering them
A trial sketch must be made on material that can become part of the permanent record, and referenced points must be identified with consecutive digits beginning with one.
Court's wording
Any sketch used during the course of trial shall be made on a substance capable of being perpetuated as a part of the permanent record, and where reference to any given point thereon is made, it shall be identified by a digit beginning with one, and then continuing with subsequent digits as required.
Applications shall be date marked “filed” with the time of filing noted. The date and time of filing shall be followed by the number of division and a capital letter to identify the order in which applications are filed that day. The first application of the day will bear the letter “A.” Judges to whom an application is presented when a deputy clerk is unavailable should write the word “filed” on the application and note all other required information thereon.
The return, when filed in the division, shall be date marked “filed.”
In all cases an original and four hard copies of the decree shall be submitted to the court, plus one copy if child support is to be paid through the Clerk of the Circuit Court, plus one copy for each county in which there is real estate, title to which is transferred by the decree of the court.
Such statements shall be in the form furnished by the Circuit Clerk.
The paragraphs and pages regularly numbered.
4.6.1 Proceedings on municipal ordinance violations wherein the city, town or village has provided its own court and judge, shall be filed in such municipal division, and all pleadings therein shall be in such form and manner as provided by Supreme Court rule or order of the Municipal Judge.
Exhibits, whenever possible, shall be marked for identification by the reporter, as required, before being used or offered, and each sheet, page or part thereof shall be separately numbered unless otherwise permitted by the court, and then be submitted to opposing counsel.
Affidavits shall be in substantial accord with the forms and procedures prescribed by the judge of Division One.
Probate inventories, claims, and settlements must use the specified color-coded forms: yellow for inventories, pink for claims, green for decedent and conservatorship settlements, and blue for trust settlements.
- Inventory
- Claim
- Settlement
Formatting
- •Settlements for decedents and conservatorships must use green forms
Court's wording
Inventories, claims, and settlements, when filed in the Probate Division, shall be on forms color coded as provided by Supreme Court Operating Rule 4.49 as follows: a. Inventories - yellow b. Claims - pink c. Settlements: Decedents and conservatorships - green Trusts - blue.
Pleadings need not be backed.
Formatting
- •Pleadings need not be backed
Document Filing Requirements109 rules
Except in the Juvenile and Probate Divisions, the original of the petition and such additional copies as there are defendants or parties named therein to be served with process, shall be filed with the Circuit Clerk of this Court;
The court designation in the caption shall be solely: "In the Circuit Court of Clay County, Liberty, Missouri."
- Placement
- Caption
A party not represented by an attorney shall sign his or her name to all pleadings with his or her address and telephone number.
All pleadings and other papers, except exhibits and wills, offered for filing shall be signed by at least one attorney of record in his or her individual name, and shall include his or her address, telephone number and attorney identification number.
On pleadings filed subsequent to the original petition, the division number in which said cause is pending shall be noted immediately above the file number of the cause.
The names and addresses of all the parties shall be given in the caption of all petitions, followed by a heading giving the nature of the suit.
- Document
- Petition
- Placement
- Caption
The notice shall describe the real or personal property to be affected with specificity and in the case of real property shall set forth a complete legal description of same. In addition, the notice shall set forth in all respects the statements required by Supreme Court Rules.
3.2.5 In order to facilitate and expedite the service of process, the Court requests the following additional information: c. In those cases where a foreign corporation is a party defendant, there shall be set forth: (1) its registered agent, or (2) the address of a local office and the name of the officer in charge that may receive service.
3.2.5 In order to facilitate and expedite the service of process, the Court requests the following additional information: a. In those cases where defendant's address is a rural route, rural post office box number, or similar designation, there shall be set forth in a separate attachment or cover letter, the directions to said address.
3.2.5 In order to facilitate and expedite the service of process, the Court requests the following additional information: b. In those cases where a domestic corporation is a party defendant, there shall be set forth the address of the corporation, and in addition: (1) the names and addresses of its officers, or (2) its registered agent, or (3) the name of the agent in charge of the office.
Upon filing, a signed pleading or document is deemed the signer's representation and certification that its assertions meet the stated legal and evidentiary standards.
Court's wording
All parties are further reminded that Missouri Supreme Court Rule 55.03(c) continues to apply to all pleadings and filings, in that upon filed, documents and pleadings are deemed to be a representation and certification, by the person signing the filed document that the claim, defense, request, demand, objection, fact, contention or argument set forth in the document, is/are warranted by existing law, have evidentiary support, or, if so specifically identified, is/are likely to have evidentiary support, after a reasonable opportunity for further investigation or discovery.
3.2.6 In any action, in which a party desiring service by publication files a verified statement showing why service cannot be obtained under Supreme Court Rules, and in which any real or personal property will be affected by such action,
Anyone using generative AI to conduct cited legal research or draft a pleading or document must disclose that use to the Court and identify the tool and how it was used.
- Document
- Pleading or filing
Must include
- •AI disclosure
Court's wording
3.3.1 Any person who submits a pleading or filing with the Court using any generative artificial intelligence (A.I.) tool to: (a) conduct the legal research referenced in the pleading; or (b) to draft a pleading or documents, must disclose to the Court that A.I. was used. The A.I. disclosure shall identify the specific A.I. tool used and the manner in which it was used.
3.2.6 In any action, in which a party desiring service by publication files a verified statement showing why service cannot be obtained under Supreme Court Rules, and in which any real or personal property will be affected by such action, the attorney for said party shall prepare the order of publication of notice.
3.2.7 The Circuit Clerk shall not receive for filing any pleadings, motions or papers unless there has been a full compliance with this rule.
When requesting an initial warrant in lieu of a summons, the State must file a State’s Position on Bond with any known Rule 33.01(e) factors and, for a refiled case, the prior bond amount and conditions; a written recommendation is optional.
Court's wording
4.1.2 To assist a judge in determining the appropriate bond amount, the State shall file a State’s Position on Bond when requesting an initial warrant in lieu of a summons. On the State’s Position on Bond, the State shall provide any known information regarding: a. Factors set forth in Missouri Court Rule 33.01(e), b. If this is a refiled case, the amount of bond and conditions on the prior case, and c. A written recommendation if desired.
A poor-person application must include a verified affidavit, a specific statement of inability to pay or provide security, and a statement of belief in the merits of the cause of action.
Court's wording
Applications to the court to sue as a poor person and to waive all or part of the deposit on fees and costs shall be verified by the affidavit of the applicant, his or her guardian or next friend; shall contain a specific statement about the inability of the applicant to pay or provide security for the costs of the action; and shall state that applicant truly believes applicant has a meritorious cause of action. These applications shall be presented to the Judge to whom said action is expected to be assigned.
A plaintiff electing to proceed under 478.250 (2) RSMO must file a separate pleading designating that procedure.
Court's wording
a. A plaintiff electing to proceed under 478.250 (2) RSMO shall, at the time of filing his or her petition, also file a separate pleading designating that the case be heard and determined as provided in 478.250 (2) RSMO.
10.1 Parties ordering transcripts for appeal purposes in any case shall file with the official court reporter of the division in which the case was tried a written request therefor, complying with the Supreme Court Rules.
A pro se civil litigant, including in domestic-relations cases, must submit a Filing Information Sheet with the initial filing, pleading, or motion, containing the specified party information.
Court's wording
For each civil case filed by a pro se litigant, including domestic relations, the filing party shall provide a Filing Information Sheet as required in Missouri Supreme Court Operation Rule 4.07, and it shall accompany the initial filing, pleading or motion. The Filing Information Sheet, as found on the web site: www.courts.mo.gov under Court Forms shall reflect the appropriate case type and contain the following information for each party occupying the position of or on the side as the plaintiff or defendant in the case: 1. Party type; 2. Party name; 3. Date of Birth, if the party is a person; and 4. Social Security Number if the party is a person.
The Prosecuting Attorney shall provide the appropriate Missouri Charge Code Number (as defined in RSMO § 43.500 (7) which includes the required NCIC modifier) for each count of alternate count alleged in the charging document.
If the defendant has not been arrested or is not in custody at the time the pleading is filed, the law enforcement agency rendering the arrest shall indicate the OCN on the return of the warrant.
If the defendant is in custody or has been arrested on the alleged offense, the Prosecuting Attorney shall provide the OCN from the state criminal fingerprint card, as defined in RSMO § 43.5000 (8) on the complaint, information, or indictment.
All traffic cases shall be filed with the appropriate Missouri Charge Code Number (as defined in RSMO § 43.500 (7) which includes the required NCIC modifier) for all cases filed by a Uniform Citation.
Unless otherwise ordered by the judge, in all cases heard by a circuit judge, following a contested motion or trial in which the prevailing party is represented by an attorney, it shall be the duty of the party in whose favor an order, judgment, or degree is rendered to prepare the document in accordance with the judge’s findings and submit it as a Word document in a format that can be edited to the judge’s clerk at the clerk’s e-mail address within the time designated by the judge.
If the prevailing party is pro se, it shall be the duty of that party in whose favor an order, judgment, or decree is rendered to prepare it in accordance with the judge’s findings and file a hard copy of the proposed order, judgment, or decree with the judge’s clerk together with a copy thereof for issuance to each party affected thereby within the time designated by the judge.
When findings and conclusions are required or deemed necessary, attorneys must submit proposed findings and conclusions when ordered by the Court.
Court's wording
In all cases where findings of fact and conclusions of law are required by Supreme Court Rule or statute or when deemed necessary by the Court for the proper administration of justice, the attorneys representing the parties shall submit proposed findings of fact and conclusions of law to the Court when ordered.
In default or uncontested motions or hearings, a hard copy of the proposed order, judgment, or decree, together with one copy thereof for issuance to each party affected thereby, shall be submitted to the judge at the time the case or motion is heard unless additional time is granted by the judge.
No attorney, however, shall be considered as so engaged unless he or she has complied with Local Rule 34.1.2 and has given written notification to the Judge of the Clay County division where the case is set, designating the other court and the approximate time the attorney will be necessarily so engaged.
When an agreement is reached, it is mandatory that a stipulation, signed by both counsel, be filed.
- Document
- Stipulation
Must include
- •A stipulation, signed by both counsel
Attorneys retained in civil cases shall file an entry of appearance for the parties they represent, before securing any order.
No agreement of parties or attorneys in a pending case will be accepted or enforced unless it is in writing and filed therein or made on the record in open court.
The golden-rule letter must identify the unanswered discovery and its due date, and set a date ten days in the future for receipt by the propounding attorney.
Court's wording
The "golden rule" letter shall notify opposing counsel of exactly what discovery has not been answered, the date the discovery was due, and shall provide opposing counsel with a date ten (10) days in the future when the discovery must be received by the propounding attorney.
A deposition shall not be filed with the court except upon court order.
Upon delivery of a deposition, attorneys or parties shall file with the court an original certificate, certified with seal, showing the caption of the case, the name of the deponent, the date the deposition was taken, the name and address of the person having custody of the original deposition, the cost of the deposition and the outstanding balance, if any.
All requests for leave of court to request additional or subsequent Interrogatories or Request for Production of Documents shall include the Interrogatories or Request sought and the basis for the request.
Each party in a motion to modify child support, alimony, or maintenance must file the specified asset, debt, income, and expense statements.
Court's wording
In all Motions to Modify Child Support, Alimony or Maintenance, a Modification Statement of Assets and Debts and a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
If any changes occur prior to the trial date, the information shall be updated immediately, filed with the Court and served on the opposing party.
In all other Domestic Relations Matters, a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
If any changes occur prior to the trial date, the information provided shall be updated immediately, filed with the Court and served on the opposing party.
Each party in a dissolution or legal separation action must file the specified asset, debt, income, and expense statements.
Court's wording
In all actions for Dissolution of Marriage or Legal Separation, a Statement of Marital and Nonmarital Assets and Debts and a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
A party filing a motion must serve and file supporting written suggestions and relied-upon authorities at the same time as the motion, except for the specified motions.
Court's wording
A party filing any motion, except motions for new trial, motions for trial settings, or motions which require proof by introduction of evidence (as distinguished from proof by affidavit pursuant to Supreme Court Rules), shall serve and file at the same time brief written suggestions in support thereof, together with authorities relied upon.
Suggestions shall be filed pursuant to this rule even though oral argument is granted.
In all court-tried cases in which findings of fact and conclusions of law are required or properly requested, the parties, through their attorneys, shall submit proposed findings of fact and conclusions of law at the conclusion of the trial or within a reasonable time as directed by the Judge.
In default and uncontested cases counsel for the prevailing party shall on the day of rendition present to the Judge for approval the proposed judgment or decree to be entered in the case.
Unless otherwise ordered, the attorney for the prevailing party shall prepare and submit a proposed judgment entry to the Judge for approval.
The original and three copies of the adoption petition, together with a completed Certificate of Decree of Adoption and filing fee shall be filed with the Division Three Clerk.
In all applications for hearing under Section 577.041 RSMO for refusal to take a breathalyzer, the Director of Revenue shall be made a party to the cause.
The applicant shall include in the body of the petition the name of the officer filing the affidavit of refusal and the name of his or her law enforcement agency.
- Document
- Petition
- Placement
- Body of the document
66.2.1 Money received on payment of commissioners’ awards shall be credited to the parent condemnation case and all applications for withdrawal of the same shall be filed in the parent case.
A separate application to withdraw an award shall be filed with the Circuit Clerk as to each separate tract, together with a proposed order allowing withdrawal of the same.
- Document
- Application to withdraw award
Must include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
In all cases attorneys are required to electronically file all written documents in PDF format.
In all cases attorneys are required to electronically file all written documents in PDF format.
Page 23 | 14.1.1 ELECTRONIC FILING IN PDF FORMAT REQUIRED
Attorneys must electronically file civil cases in PDF format with the Circuit Clerk.
Civil cases filed by attorneys shall be filed electronically in PDF format in the Office of the Circuit Clerk.
Page 23 | 14.3 CIVIL CASES
All subsequent filings in criminal cases must be filed electronically with the Circuit Clerk.
All subsequent filings in a criminal case shall be filed electronically in PFD format in the Office of the Circuit Clerk.
Page 23 | 14.2 CRIMINAL CASES
The proposed judgment shall not be filed by a party as an electronic document in the case file.
The proposed judgment shall not be filed by a party as an electronic document in the case file.
Page 24 | 14.5 PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
A proposed order, judgment, or decree must not be filed electronically in the case file unless the judge authorizes it.
The proposed order, judgment, or decree shall not be filed as an electronic document in the case file unless the judge authorizes the party to do so.
Page 24 | 14.6 CONTESTED TRIALS AND MOTIONS
A party may not electronically file a proposed judgment in the case file unless the judge authorizes it.
The proposed judgment shall not be filed by a party as an electronic document in the case file unless the judge authorizes the party to do so.
Page 25
Proposed findings of fact and conclusions of law must not be electronically filed.
Proposed finding of fact and conclusions of law shall not be electronically filed, but copies shall be provided to all parties.
Page 34 | 51.3 PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
A proposed judgment in a contested case must not be filed electronically.
Proposed Judgment shall not be electronically filed.
Page 35 | RULE 54 JUDGMENT ENTRY — 54.1 CONTESTED CASES
The Grid must not be electronically filed.
The Grid shall be admitted at trial as an aid to the Court and shall not be electronically filed.
Page 43 | 68.1.8
Proposed decrees and judgments must not be electronically filed.
Proposed decrees/Judgments shall not be electronically filed.
Page 44 | 68.2.1
Proposed orders must not be electronically filed.
Any proposed Order shall not be electronically filed but shall be served on all parties.
Page 47 | 68.6
The proposed judgment must not be electronically filed.
The proposed Judgment shall not be electronically filed.
Page 50 | 68.9.2
Traffic cases are not required to be filed electronically in PDF format; the Circuit Clerk and Court have discretion over the filing method.
Traffic cases are not required to be filed electronically in PDF format, at the discretion of the Circuit Clerk and Court.
Page 23 | 14.2.1 TRAFFIC CASES
Matters subject to electronic filing are governed by Supreme Court Rule 103 and Court Operating Rule 27.
The Supreme Court Rule 103 and Court Operating Rule 27 governs all matters subject to electronic filing.
Page 22 | 14.1 ELECTRONIC FILING
Unrepresented parties may be permitted to file hard copies, which the Circuit Clerk will scan.
Unrepresented parties or litigants may be permitted to file hard copies of any documents which shall then be scanned by the Circuit Clerk.
Page 23 | 14.1.1 ELECTRONIC FILING IN PDF FORMAT REQUIRED
Felony complaints, misdemeanor informations, infractions, and grand jury indictments may be filed as written documents with the Circuit Clerk.
All felony complaints, misdemeanor informations, infractions and grand jury indictments will be permitted to be filed as written documents in the office of the Circuit Clerk.
Page 23 | 14.2 CRIMINAL CASES
Filing Timing and Cure Windows
The separate designation pleading must be filed at the same time as the petition.
a. A plaintiff electing to proceed under 478.250 (2) RSMO shall, at the time of filing his or her petition, also file a separate pleading designating that the case be heard and determined as provided in 478.250 (2) RSMO.
Page 17 | 6.4.2 Designation under 478.250 (2) RSMO
The proposed document and copies for affected parties are due when the default or uncontested case or motion is heard, unless the judge grants additional time.
In default or uncontested motions or hearings, a hard copy of the proposed order, judgment, or decree, together with one copy thereof for issuance to each party affected thereby, shall be submitted to the judge at the time the case or motion is heard unless additional time is granted by the judge.
Page 24 | 14.7 DEFAULT OR UNCONTESTED CASES
An attorney retained in a civil case must file an entry of appearance before securing an order.
Attorneys retained in civil cases shall file an entry of appearance for the parties they represent, before securing any order.
Page 25 | GENERAL RULES, RULE 21.2.1
The hearing date must be at least five days after the motion is filed, excluding Saturdays, Sundays, and legal holidays from the time computation.
Whenever opposing counsel cannot agree on the setting of a hearing as provided in Rule 20.1, the movant shall secure a date and time from the division clerk (or Judge) and shall file with his or her motion, proof of service of a notice to the opposite party, or the party's attorney, of the date and time of the hearing, which shall not be less than five (5) days after said filing and that Saturdays, Sundays, and legal holidays shall be excluded in the time computation.
Page 25 | GENERAL RULES, RULE 20 COURT HEARINGS
A motion to separate witnesses must be made before evidence is heard and before any opening statement at trial.
A motion to separate witnesses must be made before any evidence is heard, and before any opening statement is made in a trial.
Page 26 | GENERAL RULES, RULE 21.3.3
In associate circuit civil cases other than landlord-tenant and unlawful-detainer actions, the returned summons must be filed by 3:00 PM Monday of the week of the first docket call.
Except for landlord tenant and unlawful detainer actions, on all associate circuit civil cases, the returned summons shall be filed with the circuit clerk's office no later than Monday at three o'clock PM of the week when the case is scheduled of the first docket call.
Page 28 | RULE 25 SUMMONS
Upon delivery of a deposition, attorneys or parties shall file with the court an original certificate, certified with seal, showing the caption of the case, the name of the deponent, the date the deposition was taken, the name and address of the person having custody of the original deposition, the cost of the deposition and the outstanding balance, if any.
Upon delivery of a deposition, attorneys or parties shall file with the court an original certificate, certified with seal, showing the caption of the case, the name of the deponent, the date the deposition was taken, the name and address of the person having custody of the original deposition, the cost of the deposition and the outstanding balance, if any.
Page 28 | 32.3 DEPOSITIONS
In landlord-tenant and unlawful-detainer actions, the returned summons must be filed by 3:00 PM Thursday of the week before the week of the first docket call.
On all landlord tenant and unlawful detainer actions, the returned summons shall be filed with the circuit clerk's office no later than Thursday at three o'clock PM of the week before the week when the case is scheduled for the first docket call.
Page 28 | RULE 25 SUMMONS
An objection or response to a request for additional discovery must be filed within ten days after service of the request.
Any party opposed to the request for additional discovery may object or file a response to the request, however, any such objection or response shall be filed with the Court and served upon the party requesting same within 10 days after service of the request for additional discovery.
Page 29 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
The specified statements in dissolution and legal separation actions must be filed within thirty days after service of the discovery request.
In all actions for Dissolution of Marriage or Legal Separation, a Statement of Marital and Nonmarital Assets and Debts and a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
If the information changes before trial, the updated information must be filed immediately.
If any changes occur prior to the trial date, the information provided shall be updated immediately, filed with the Court and served on the opposing party.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
The specified statements in motions to modify child support, alimony, or maintenance must be filed within thirty days after service of the discovery request.
In all Motions to Modify Child Support, Alimony or Maintenance, a Modification Statement of Assets and Debts and a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
The Statement of Income and Expenses in other Domestic Relations Matters must be filed within thirty days after service of the discovery request.
In all other Domestic Relations Matters, a Statement of Income and Expenses shall be filed by each party with this court within thirty (30) days after service of the request for discovery.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
If the information changes before trial, the updated information must be filed immediately.
If any changes occur prior to the trial date, the information shall be updated immediately, filed with the Court and served on the opposing party.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
Affidavits filed under the Supreme Court Rules must be filed with the motion and supporting suggestions.
Any affidavits filed pursuant to Supreme Court Rules shall be filed at the same time as the motion and suggestions.
Page 31 | 33.2.1 BRIEFS IN SUPPORT OF MOTIONS, WHEN REQUIRED
A request for oral argument must be filed with the requesting party’s suggestions.
Any request for oral argument shall be filed with the suggestions of the party requesting the same.
Page 31 | 33.3.2
Motions in limine must be filed at the time set by the trial Judge and will be ruled on at the pre-trial conference.
All Motions in Limine shall be filed at the time set by the trial Judge and ruled upon at the pre-trial conference.
Page 31 | 33.4.1 MOTIONS IN LIMINE
The proposed judgment or decree must be presented on the day of rendition; if it cannot be provided that day, the case remains under consideration until it is received.
In default and uncontested cases counsel for the prevailing party shall on the day of rendition present to the Judge for approval the proposed judgment or decree to be entered in the case. If the proposed judgment or decree cannot be provided the same day, the case shall be taken under consideration until it is received.
Page 35 | RULE 54 JUDGMENT ENTRY — 54.2 DEFAULT OR UNCONTESTED CASES
The monthly affidavit is due to the circuit clerk by the first business day of each month and may be submitted up to five business days earlier.
Such affidavit must be presented to the circuit clerk no later than the first business day (courthouse open) of each month and may be presented as early as five business days before the first business day of the month.
Page 39 | 67.1.1.7
The parties must submit Form 14 at least five days before the hearing.
These forms shall be furnished by the Circuit Clerk and submitted by the parties at least five days prior to the hearing.
Page 43 | 68.1.7
The proposed decree must be submitted at least five days before the hearing, unless the Judge allows a shorter period.
Counsel shall also prepare and submit to the Judge not less than five (5) days prior to the date of hearing, a proposed decree of dissolution or legal separation in all cases where separation agreements have been made, and the decree shall include therein those terms of the separation agreement required by Sec. 452.325 RSMO. The Judge may in his or her discretion allow a shorter time for the submission of such proposed decree.
Page 44 | 68.2.1
Upon the Court’s receipt of the motion to compel compliance, where no objection has been timely filed, the Court shall summarily, without further notice and a hearing, enter an Order compelling compliance within ten (10) days from the date of such Order.
Upon the Court’s receipt of the motion to compel compliance, where no objection has been timely filed, the Court shall summarily, without further notice and a hearing, enter an Order compelling compliance within ten (10) days from the date of such Order.
Page 46 | 68.6.1
If a case is deemed inappropriate for mediation, the mediator or program director must immediately file the Notice of Mediation Compliance with the Court.
If the case is deemed inappropriate for mediation, the mediator or program director shall immediately file the Notice of Mediation Compliance form with the Court.
Page 49 | 68.8.5
An interested party must apply for reconsideration within 30 days after entry of an order denying or modifying relief without notice and an opportunity for a full evidentiary hearing.
Any order entered in the Probate Division denying or modifying any relief sought by any party without notice and an opportunity for a full evidentiary hearing shall be set aside and the matter reconsidered if application therefore is made to the court by said interested party within thirty (30) days of the entry of said order.
Page 51 | FILING REQUIREMENTS
Every trustee must file and present an annual written report at the time ordered by the court, describing the condition of the trust and verifying its assets.
Every trustee shall annually, at such time as ordered by the court, file and present a report in writing of the condition of the trust, including verification of assets.
Page 52 | REPORTS
Each trustee must file and present a written inventory of the trust estate’s property and effects within 30 days after appointment.
Within thirty (30) days after appointment, every trustee shall file and present to the Probate Division of the Circuit Court an inventory in writing of the property and effects comprising the trust estate.
Page 52 | INVENTORY
Unexcepted partition or sale reports must be on file for at least three days before confirmation, unless all parties in interest, their attorneys, and any conservators expressly request in writing that confirmation be entered.
No report of a commissioner in partition, and no report of sale by the Sheriff or any commissioner appointed by a Judge, not excepted to, shall be confirmed unless the same has been filed for at least three (3) days. Such three-day period may be shortened if all the parties in interest, their attorneys, and any conservators, expressly request in writing that an order of confirmation be entered.
Page 54 | RULE 83 JUDICIAL SALES, 83.1
A garnishee must make any reply or other pleading within ten days after the garnishor serves exceptions or denials.
Replies or other pleadings of the garnishee shall be made within ten (10) days after the garnishor serves such exceptions or denials on the garnishee.
Page 54 | RULE 82 GARNISHMENT, 82.3
Unless otherwise ordered, exceptions to or denials of a garnishee’s answers must be filed within ten days after the answers are made upon the garnishor.
Exceptions to and denials of answers of garnishee shall, unless otherwise ordered, be filed within ten (10) days after the filing of the answers is made upon the garnishor.
Page 54 | RULE 82 GARNISHMENT, 82.3
Each party may seek to disqualify one mediator without cause within 15 days of designation; later disqualification requires cause.
Each party may petition the Court to disqualify one mediator without stating cause within fifteen (15) days of the designation of the mediator. Thereafter disqualification of a mediator shall be for cause shown.
Page 49 | 68.8.4
A party may move for mediation after 30 days from when responsive pleadings are due, if responsive pleadings are required.
Any party, upon the expiration of thirty (30) days from the date responsive pleadings are due on the original petition or upon the expiration of sixty (60) days from the date of service when no responsive pleading is required, may file a motion requesting the Court to order mediation in the matter.
Page 49 | 68.8.4
Service and Proof of Service Rules
Subsequent pleadings, motions, and other documents must be served on the filing day or as soon as service can be made; documents not requiring officer service must be served electronically on registered users and on other individuals as provided by Rule 43.01(c).
All pleadings, motions and other documents subsequent to the original petition shall be served as provided by Supreme Court Rules 43.01 and 103.08 on the day of filing, or as soon thereafter as service can be made. All such pleadings subsequent to the original petition, motions, notices, orders and other documents, not required by statute, rule or order to be served by an officer, shall be served on registered users through the electronic filing system and to all other individuals as provided in Supreme Court Rule 43.01 (c).
Page 24 | 14.4 SERVICE OF MOTIONS
When counsel cannot agree on a hearing setting, the movant must file with the motion proof of service of notice of the hearing date and time on the opposing party or its attorney.
Whenever opposing counsel cannot agree on the setting of a hearing as provided in Rule 20.1, the movant shall secure a date and time from the division clerk (or Judge) and shall file with his or her motion, proof of service of a notice to the opposite party, or the party's attorney, of the date and time of the hearing, which shall not be less than five (5) days after said filing and that Saturdays, Sundays, and legal holidays shall be excluded in the time computation.
Page 25 | GENERAL RULES, RULE 20 COURT HEARINGS
If withdrawal is allowed, the clerk must mail a copy of the order to the client.
If leave to withdraw is granted, copies of an order allowing the withdrawal are to be mailed by the clerk to the client and electronically sent to the various attorneys not present at the time withdrawal is granted.
Page 26 | GENERAL RULES, RULE 21.4.3
Exhibits, whenever possible, shall be marked for identification by the reporter, as required, before being used or offered, and each sheet, page or part thereof shall be separately numbered unless otherwise permitted by the court, and then be submitted to opposing counsel.
Exhibits, whenever possible, shall be marked for identification by the reporter, as required, before being used or offered, and each sheet, page or part thereof shall be separately numbered unless otherwise permitted by the court, and then be submitted to opposing counsel.
Page 27 | RULE 24 EXHIBITS
When discovery answers are more than three days late in a civil action, the propounding attorney must mail opposing counsel a golden-rule letter.
In any civil action where answers to discovery are more than three days late, the attorney who propounds the discovery shall mail a "golden rule" letter to opposing counsel.
Page 28 | 32.6 GOLDEN RULE
Additional or subsequent interrogatories, document requests, or authorizations are permitted only by stipulation or court order.
Additional or subsequent Interrogatories, Request for Production of Documents or Authorizations will only be permitted if stipulated or ordered by the court.
Page 29 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
In Domestic Relations Matters, parties, third parties, and intervenors may serve only the approved standard opening discovery sets unless the parties stipulate otherwise or the court orders otherwise.
All parties, including third parties and intervenors, in any domestic relations case, including dissolution of marriage, legal separation, motions to modify, and declaration of paternity, custody and child support (hereinafter referred to as “Domestic Relations Matters”), shall serve only approved standard sets of opening Interrogatories, Request for Production of Documents and Authorizations as provided in this local rule, unless otherwise stipulated or ordered by the court.
Page 29 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
An objection or response to a request for additional discovery must be served on the requesting party within ten days after service of the request.
any such objection or response shall be filed with the Court and served upon the party requesting same within 10 days after service of the request for additional discovery.
Page 29 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
If any changes occur prior to the trial date, the information provided shall be updated immediately, filed with the Court and served on the opposing party.
If any changes occur prior to the trial date, the information provided shall be updated immediately, filed with the Court and served on the opposing party.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
If any changes occur prior to the trial date, the information shall be updated immediately, filed with the Court and served on the opposing party.
If any changes occur prior to the trial date, the information shall be updated immediately, filed with the Court and served on the opposing party.
Page 30 | 32.7 STANDARD DISCOVERY FOR USE IN DOMESTIC ACTIONS
Supporting suggestions and authorities must be served at the same time as the motion, subject to the stated exceptions.
A party filing any motion, except motions for new trial, motions for trial settings, or motions which require proof by introduction of evidence (as distinguished from proof by affidavit pursuant to Supreme Court Rules), shall serve and file at the same time brief written suggestions in support thereof, together with authorities relied upon.
Page 31 | 33.2.1 BRIEFS IN SUPPORT OF MOTIONS, WHEN REQUIRED
The Clerk must give each nondefaulting party notice at least ten days before a dismissal action, unless a dismissal hearing date has already been given.
At least ten (10) days before any dismissal action, notice shall be given by the Clerk to each party, not in default, at his or her last known address contained in the case file, that the case is subject to dismissal in accordance with this rule unless a dismissal hearing date has already been given.
Page 33 | 37.1 DISMISSAL DOCKET
Copies of proposed findings of fact and conclusions of law must be provided to all parties.
Proposed finding of fact and conclusions of law shall not be electronically filed, but copies shall be provided to all parties.
Page 34 | 51.3 PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
Copies shall be provided to all parties.
Copies shall be provided to all parties.
Page 35 | RULE 54 JUDGMENT ENTRY — 54.1 CONTESTED CASES
Papers a party must serve, make, or file under Supreme Court Rules 110 through 128 must be served on the Juvenile Officer in accordance with Supreme Court Rule 43.01.
All applications, motions, pleadings, requests or other papers required to be served, made or filed by a party under Supreme Court Rules 110 through 128, shall be served on the Juvenile Officer in the manner set forth in Supreme Court Rule 43.01.
Page 36 | RULE 61 JUVENILE AND ADOPTION — 61.1 FILING REQUIREMENTS
If successor counsel has not appeared, a withdrawal motion must be brought before the court with at least five days’ written notice to the defendant.
No attorney will be granted leave to withdraw in a criminal case until another attorney has entered an appearance as attorney in such case, or until the matter has been brought before the court upon motion and with at least five (5) days written notice to the defendant.
Page 40 | 67.4.2
The Petitioner must send the completed Grid before the case is set for trial or a contested evidentiary hearing; the Respondent must return it within 30 days thereafter, and the Petitioner must respond to added property or debt listings within 15 days.
Completion of the Grid shall take place as follows: Prior to the case being set for trial or contested evidentiary hearing, Petitioner shall send a completed Grid to Respondent’s attorney or Respondent, if not represented by an attorney. Within thirty (30) days thereafter, Respondent shall return the aforesaid Grid, having inserted the same information on the same Grid opposite the designated property/debt in the appropriate area, plus any additional property/debts that Respondent claims were omitted from the Grid. Petitioner shall reply to Respondent’s listing of additional property/debts within fifteen (15) days by completing the required information in the appropriate area of the Grid.
Page 43 | 68.1.8
The served party may object, but must file and serve the objection within the time allowed for execution and state specific reasons.
The party upon whom the request is served may object to execution of the authorization, however, any such objection shall be filed with the Court and served upon the party requesting same within the time permitted for execution of same, stating the specific reasons for objection.
Page 46 | 68.6.1
Unless timely objected to, the served party must execute the authorization before a notary and serve it on the requesting party within 10 days after service if it is a Court-approved form.
Unless the request is timely objected to, the party upon whom the request has been served shall execute the same before a notary public, and serve the executed authorization to the requesting party: (a.) Within ten (10) days after service of the request if the authorization sought to be executed is a Court-approved form;
Page 46 | 68.6.1
Unless timely objected to, the served party must serve a notarized authorization that is not a Court-approved form within 30 days after service of the request.
(b.) Within thirty (30) days after service of the request if the authorization is not a Court-approved form.
Page 46 | 68.6.1
When discovery answers are more than three days late in a domestic action, the propounding attorney must mail a golden-rule letter to opposing counsel.
68.6.2 In any domestic action where answers to discovery are more than three days late, the attorney who propounds the discovery shall mail a "golden rule" letter to opposing counsel.
Page 47 | 68.6.2
A party must serve properly executed authorizations within 10 days after an order summarily requiring compliance; if timely objections are overruled, the authorizations must thereafter be timely executed and served, and the Court may impose appropriate orders or sanctions upon motion and reasonable notice.
If a party fails to serve the properly executed authorizations within ten (10) days from the Court’s Order summarily ordering compliance, or timely files objections thereto that are thereafter overruled and the requested authorizations are not timely executed and served thereafter, the Court may, upon motion and reasonable notice to the parties, make such Orders in regard to the failure as are just, including, without limitation, the sanctions described in Rule 61.1 (d) MRCP.
Page 47 | 68.6
Proposed orders must be served on all parties.
Any proposed Order shall not be electronically filed but shall be served on all parties.
Page 47 | 68.6
Upon request and payment of half the incurred costs plus a copying fee capped at 25 cents per page, copies must be provided to the authorizing party within 10 days after payment is received.
Upon the request of the authorizing party and upon payment by the authorizing party of one-half of the costs incurred by the requesting party, plus a reasonable copying fee not to exceed twenty-five (25) cents per page, copies of all documents obtained by the requesting party shall be provided to the authorizing party within ten (10) days from the receipt of the authorizing party’s said payment.
Page 47 | 68.6
Parties must supplement discovery as required by Rule 56.01(e); information is deemed seasonably provided if it is given to all parties at least five days before trial.
Parties are under and obligation to supplement discovery as required in Rule 56.01(e). For purposes of this rule, discovery shall be deemed seasonably amended so long as the information has been provided to all parties no less than 5 days prior to trial.
Page 48 | 68.8.3
A party may request appointment of a special process server, and the request must allege the proposed server is qualified; any appointment is limited to that case.
In any case in which a party specifically requests the appointment of a special process server (pursuant to Section 506.140 RSMO, as amended) to serve process within the State of Missouri, such request may be granted by the Circuit Clerk or any deputy which appointment shall be valid only for the case in which such person is specifically appointed. Such requests shall allege facts showing that the person to be appointed is a qualified person to serve process.
Page 11 | 4.7 SPECIAL PROCESS SERVERS
Where there is no entry of appearance by another attorney, application for withdrawal should be filed showing the full address of the client; and either the written consent of the client should be shown or the application should be served on the client along with notice calling up the application for hearing (with a statement to the client that he or she need not appear unless he or she wishes).
Where there is no entry of appearance by another attorney, application for withdrawal should be filed showing the full address of the client; and either the written consent of the client should be shown or the application should be served on the client along with notice calling up the application for hearing (with a statement to the client that he or she need not appear unless he or she wishes).
Page 26 | GENERAL RULES, RULE 21.4.2
Without leave of Court, the request may be served on the petitioner or movant after the action begins, and on any other party with or after service of the summons and initial pleading on that party.
Such request may, without leave of Court, be served upon the petitioner or movant, as the case may be, after commencement of the action and upon any other party with or after service of the summons and the initial pleading upon that party.
Page 46 | 68.6.1
Failure to object to the authorization request on time waives any objection.
Failure to timely object to the request shall be deemed a waiver of any objection.
Page 46 | 68.6.1
In a domestic-relations case, any party, including a third party, may serve another party with a request to execute information-release authorizations, including court-approved forms furnished by the Circuit Clerk.
In a domestic relations case, any party (including third parties) may serve upon any other party a request that the party served execute one or more authorizations for release of information, including, but not limited to, the form authorizations pre-approved by the Court and furnished by the Circuit Clerk.
Page 46 | 68.6.1
Filing Fees and Waivers
The Circuit Clerk must not file another cause or proceeding until the fee and cost deposits are paid or a poor-person application is formally granted.
The Circuit Clerk shall not file any other cause or proceedings until the above deposits for fees and costs have been paid or a formal order made in the proceeding sustaining an application to sue as a poor person.
Page 11 | 5.4 WAIVER OF FEES
A poor-person application to waive all or part of fees and costs must meet the stated affidavit and content requirements and be presented to the judge expected to receive the action.
Applications to the court to sue as a poor person and to waive all or part of the deposit on fees and costs shall be verified by the affidavit of the applicant, his or her guardian or next friend; shall contain a specific statement about the inability of the applicant to pay or provide security for the costs of the action; and shall state that applicant truly believes applicant has a meritorious cause of action. These applications shall be presented to the Judge to whom said action is expected to be assigned.
Page 11 | 5.4 WAIVER OF FEES
A Basic Civil Legal Services Fund surcharge applies to civil and criminal filings, including appeals, at the stated court-level rates, except traffic violation cases; drug- and alcohol-related offenses remain subject to the fee.
A surcharge fee that is applied to the Basic Civil Legal Services Fund, per Sections 477.650 and 488.031 RSMO, shall be assessed on the filing of any civil or criminal action or proceeding, including an appeal, except that no fee shall be imposed on any traffic violation case, but drug and alcohol-related offenses will have the fee imposed. The fee schedule is as follows: Supreme Court and Court of Appeals $20.00 Circuit Courts 10.00 Associate Circuit Courts 8.00 Garnishment 10.00 The Circuit Clerk shall collect said surcharge fee and disburse monthly to the Office of State Courts Administrator – Basic Civil Legal Services Fund.
Page 12 | 5.6 SURCHARGES
A $20 Law Library Fund surcharge is due at filing, except for the listed cases and actions.
A surcharge of $20.00 is included as costs for the Law Library Fund, as listed on the Court’s Filing Deposits and Other Fees sheet, and must be paid at the time of the filing. The $20.00 Law Library Fund surcharge need not be paid in the following cases: (1) actions sent to the county on change of venue; (2) cases within the probate jurisdiction; (3) cases filed under Chapter 517, RSMO procedures; (4) cases filed under small claims procedures; (5) application for trials de novo; (6) suits, civil or criminal, filed by the county or state or any city, as per Section 488.426, et seq RSMO.
Page 12 | 5.6 SURCHARGES
A $2 surcharge for the Missouri Court Appointed Special Advocate Fund must be paid at filing for each qualifying domestic relations petition.
A surcharge of $2.00 that is applied to the Missouri Court Appointed Special Advocate Fund, per Section 488.636 RSMO, shall be assessed and paid at the time of filing per case for any domestic relations petition filed before a circuit judge or associate circuit judge. The Circuit Clerk shall collect said $2.00 surcharge and disburse monthly to the Missouri Department of Revenue.
Page 12 | 5.6 SURCHARGES
A $30 Family Services and Justice Fund surcharge applies to the listed cases and filings, except filings entitled “Stipulation of Emancipation.”
A surcharge of $30.00 that is applied to the Family Services and Justice Fund is included in all of the following cases and filings: dissolutions of marriage, motions to modify dissolutions, stipulations in domestic cases, adoptions, all juvenile cases as provided by law, and any other domestic relations cases. The surcharge shall not be assessed to any filing entitled “Stipulation of Emancipation”. The surcharge of $30.00 shall be deposited by the Circuit Clerk into the Family Services and Justice Fund on a monthly basis.
Page 12 | 5.6 SURCHARGES
A $3 Domestic Relations Resolution Fund surcharge must be paid when filing any civil circuit court action, including dissolution and legal-separation actions.
A surcharge of $3.00 that is applied to the Domestic Relations Resolution Fund, per Section 452.554 RSMO, shall be assessed and paid at the time of filing an action of any civil circuit court case, including dissolution of marriage and legal separation. The Circuit Clerk shall collect said $3.00 surcharge and disburse monthly to the Missouri Department of Revenue.
Page 12 | 5.6 SURCHARGES
The Clerk must impose a $25 fee when a person fails to pay a listed court-ordered amount within 30 days of the court-imposed judgment, penalty, fine, sanction, or court cost.
5.7.1 The Clerk shall impose a fee of twenty-five dollars on each person who fails to pay a court-ordered judgment, penalty, fine, sanction, court costs, restitution or juvenile monetary assessment within thirty (30) days of the date of the court imposed judgment, penalty, fine, sanction or court cost. Said fee shall be disbursed pursuant to Section 488.5025 (2) RSMo.
Page 13 | 5.7.1
A $2 surcharge applies to traffic violations of a county ordinance or state law, including infractions, when the person has pleaded guilty.
Section 488.315 RSMo adds a surcharge of two dollars ($2.00), for all traffic violations of any county ordinance or state law, including an infraction, if a person has pled guilty to be paid into the juvenile justice preservation fund.
Page 13 | 5.6.7
A $3.50 surcharge applies to all civil actions, including dissolutions, juvenile, and probate actions.
Section 488.31 RSMo creates a surcharge of three dollars and fifty cents, ($3.50), for all civil actions (including dissolutions, juvenile and probate) to be paid into the juvenile justice preservation fund.
Page 13 | 5.6.7
A $10 surcharge applies for each garnishment granted.
5.6.6 Pursuant to Section 488.305 a surcharge of $10.00 for the clerk’s duties for each garnishment granted. The surcharge of $10.00 shall be deposited and held by the Circuit Clerk to be used for case processing and record preservation.
Page 13 | 5.6.6
A copy of a taped proceeding costs $50, but the court reporters’ hourly rate applies when redaction is necessary.
A fee of $50.00 will be charged for a copy of the taped proceeding, unless redaction is necessary, then the court reporters’ hourly rate will apply.
Page 21 | 11.1 COPIES OF TRANSCRIPTS AND OTHER COURT PROCEEDINGS FROM ELECTRONIC SOUND RECORDINGS
The party ordering a transcript must prepay the reporter’s estimated fee before preparation begins.
10.2 The party ordering such transcript shall prepay to the reporter the reporter’s estimated fee therefor in advance of the preparation of the transcript.
Page 21 | 10.2 PREPAID FEES
The requesting party pays for transcripts and copies, requests them from the clerk of the division that held the proceeding, and must provide a deposit for preparation and copies.
Transcripts and copies of all recorded hearings and other Court proceedings will be prepared by the Office of State Court Administrator or by a certified court reporter at the expense of the requesting party. The request shall be made to the clerk of the Division which held the proceeding. Requests will be forwarded to available court reporters within the Circuit. A deposit will be collected for the cost of preparation of the transcript plus copies.
Page 21 | 11.1 COPIES OF TRANSCRIPTS AND OTHER COURT PROCEEDINGS FROM ELECTRONIC SOUND RECORDINGS
A filing fee is required when the adoption petition is filed with the Division Three Clerk.
The original and three copies of the adoption petition, together with a completed Certificate of Decree of Adoption and filing fee shall be filed with the Division Three Clerk.
Page 36 | RULE 61 JUVENILE AND ADOPTION — 61.1 FILING REQUIREMENTS
All costs must be paid before a decree is granted in a default dissolution or separate maintenance case.
In all default dissolution of marriage cases, or separate maintenance cases, all costs must be paid before a decree is granted.
Page 43 | 68.1.6
When a case requiring C.O.P.E. attendance is filed, the Circuit Clerk must collect a $60 fee for the parties to attend the class.
At the time of filing any case where attendance to C.O.P.E is required, the Circuit Clerk shall collect a fee of $60.00 for the parties to attend the C.O.P.E. class.
Page 48 | 68.7.7
A poor-person application for an appeal or trial de novo must be presented to the judge who heard the case.
Applications to proceed as a poor person on an appeal or on application for trial de novo shall be presented to the Judge who heard the case.
Page 11 | 5.4 WAIVER OF FEES
Filing fees and cost deposits are set by administrative order and the fee structure must be published as an attachment to the Local Court Rules.
The circuit court en banc shall set forth, by administrative order, the filing fees and cost deposits required for actions filed in divisions of the circuit court. Said fee structure shall be published and available as an attachment to the Local Court Rules.
Page 11 | 5.1 FILING FEE AND COST DEPOSIT
Costs in the specified civil actions must be assessed against the plaintiff or petitioner.
Whenever a civil action, including cases involving dissolution of marriage, is dismissed by plaintiff, or is reduced to judgment, or no judgment is made as to imposition of costs; the costs shall be assessed against the plaintiff or petitioner.
Page 11 | 5.2 COSTS
Motions for security for costs must be filed pursuant to Rule 77 of the Supreme Court Rules.
All motions for security for costs shall be filed pursuant to Rule 77, Supreme Court Rules.
Page 12 | 5.5 MOTION FOR SECURITY
Attorneys are requested to have witnesses claiming a fee report to the Circuit Clerk as soon as their attendance ends.
Attorneys are requested to see that their witnesses, who intend to claim a fee, report their attendance to the Circuit Clerk's office as soon as they are discharged from further attendance.
Page 11 | 5.3 WITNESS FEES
If the Circuit, Associate Circuit, or Municipal Judge is unavailable, the poor-person application may be presented to the Presiding Judge.
If the Circuit Judge, Associate Circuit Judge, or Municipal Judge is unavailable to rule on the above application, it may be presented to the Presiding Judge for ruling.
Page 11 | 5.4 WAIVER OF FEES
Specified appeals and transcripts may be filed without the required fee and cost deposit.
Appeals from the Industrial Commission of the State of Missouri, and appeals or transcripts from any Federal Commission or other State Commissions where allowed by law, may be filed without the above deposit.
Page 12 | 5.4 WAIVER OF FEES
No charge applies to the specified copies furnished to Clay County departments, state agencies or departments for pending proceedings, or parties allowed to proceed in forma pauperis.
7.2.2 No charge shall be made for attested, certified or authenticated copies of documents furnished to any department of Clay County, Missouri, to any State agency or department where such copies are requested in connection with any pending proceeding, or to any party who has been allowed to proceed in forma pauperus.
Page 19 | 7.2 DUPLICATING POLICY
Duplication fees are set by Administrative Order, and a list of filing deposits and other fees is available online or at the Circuit Clerk’s Office.
Duplication fees shall be set by Administrative Order. A list of Filing Deposits and Other fees shall be available online or in the Circuit Clerk’s Office.
Page 19 | 7.2 DUPLICATING POLICY
Sealing & Redaction Procedures
A written in rem motion showing good cause may seek public access to a confidential application and warrant before the return is filed; the motion must be addressed to and filed in the division of the judge who ruled, docketed and stored with the application, and the ruling must be entered on the docket sheet with a clear reference to that application.
On written motion and for good cause shown, the court may order that an application and resulting warrant being treated as confidential records be opened to the public before the return is filed. Such a motion will be in rem, styled, for example, “In re Search Warrant Application, January 1, 2004, 6A,” and be addressed to and filed in the division in which the judge who ruled the application sits. Any such motion shall be docketed on the division search warrant docket sheet and be stored with the application in question. Rulings thereon shall be made on the docket sheet clearly referring to the application in question.
Page 42 | 67.12.7 SEARCH WARRANTS
An interested party may listen to or request a trial recording under the division clerk’s supervision, subject to restrictions in specified cases; other requesters in those cases receive a redacted transcript at their expense.
Pursuant to Supreme Court Operating Rule 5.11, under the direction and supervision of the responsible Division Clerk, an interested party may listen to or request a copy of the audio recording of proceedings of trial that is maintained by the Circuit’s IT department with FTR Gold except when a Defendant is charged with sexual assault, domestic assault, stalking, or forcible rape. In such cases, identifying information of the victim shall not be released to the public or be provided a copy of the audio recording of the proceeding unless the requestor is a party of attorney in the case. With respect to any other requestor and at the requestor’s expense, the proceeding will be provided in redacted transcript format.
Page 21 | 11.1 COPIES OF TRANSCRIPTS AND OTHER COURT PROCEEDINGS FROM ELECTRONIC SOUND RECORDINGS
Filing Information Sheets are confidential; the clerk must file them in case-number sequence and either store them separately from the case file or destroy them after entering the information.
The Filing Information Sheets are confidential records. The clerk shall file the form in case number sequence and store it separately from the case file or shall destroy the form upon entry of the information.
Page 24 | 14.3 CIVIL CASES
The Circuit Clerk centrally stores denied applications and applications with filed returns; granted applications remain in the division until a return is filed and docketed, and each issued warrant is stored with its successful application.
Denied applications and applications to which a return has been filed will be centrally stored by the Circuit Clerk. Granted applications shall be held in division until a return is filed and docketed. Each warrant issued shall be stored with the successful application.
Page 42 | 67.12.8 SEARCH WARRANTS
Search warrant docket sheets are public; denied applications are confidential, and granted applications and warrants remain confidential until a return is filed, after which the granted applications, warrants, and returns are public.
Division search warrant docket sheets are public records. Denied applications shall be treated as confidential records. Granted applications and resulting warrants shall be treated as confidential records until a return is filed. Thereafter, granted applications, the resulting warrants, and returns are public records.
Page 42 | 67.12.7 SEARCH WARRANTS
Pre-Motion Conference Requirements
An opposing party may serve and file suggestions in opposition within 10 days after service and filing of the motion; the matter is presented to the Judge once all eligible oppositions are filed or the filing period expires, whichever occurs first.
Within ten (10) days following service and filing of such motion, any opposing party may serve and file suggestions in opposition with citations of authorities. On the filing of suggestions in opposition by all parties entitled to file the same, or on expiration of the time for filing, whichever occurs first, the matter shall be presented to the Judge for consideration;
Page 31 | 33.2.1 BRIEFS IN SUPPORT OF MOTIONS, WHEN REQUIRED
A requesting party may move to compel overdue authorizations only if no objection was filed and served, and after serving written notice of noncompliance and allowing five days to pass without compliance.
The party submitting the request may move for an Order to compel compliance where the properly executed authorizations are not received when due provided, however, no objection has been filed and served and, provided further, the requesting party shall have first served upon the party to whom the request was made written notice of the failure to comply and five (5) days shall have lapsed thereafter without compliance.
Page 46 | 68.6.1
When discovery answers are more than three days late, the propounding attorney must send a specified 10-day golden-rule letter before potentially moving to compel; the motion may be summarily decided without a hearing, and noncompliance may lead to sanctions after a hearing.
68.6.2 In any domestic action where answers to discovery are more than three days late, the attorney who propounds the discovery shall mail a "golden rule" letter to opposing counsel. The "golden rule" letter shall notify opposing counsel of exactly what discovery has not been answered, the date the discovery was due, and shall provide opposing counsel with a date then (10) days in the future when the discovery must be received by the propounding attorney. In the event discovery is not received within the period specified in the "golden rule" letter, then the propounding attorney may file a motion to compel with the court which will be summarily ruled on by the court without hearing, requiring all discovery to be provided within ten (10) days of the court order. In the event the motion to compel is not complied with, sanctions may be imposed after a hearing has been held on the party who has failed to respond when requested by the propounding party.
Page 47 | 68.6.2
In covered dissolution, legal-separation, and paternity actions with contested custody or visitation issues, parties other than the State of Missouri must complete mediation before filing a motion for trial setting.
In every dissolution of marriage, legal separation or paternity action in which there are contested issues of custody and/or visitation, the parties (except for the State of Missouri) shall complete mediation, as provided in Supreme Court Rule 88.02-88.08 and this rule, prior to the filing of a motion for trial setting.
Page 48 | 68.8.1
If discovery is not received within the period stated in the golden rule letter, the propounding attorney may move to compel, and the court may rule without a hearing and require production within ten days of its order.
In the event discovery is not received within the period specified in the "golden rule" letter, then the propounding attorney may file a motion to compel with the court, which may be summarily ruled on by the court without hearing, requiring all discovery to be provided within ten (10) days of the court order.
Page 29
Any party may request oral argument on a motion, but the Judge decides whether to grant it.
Any party may request oral argument on motion but the granting or refusal of the same shall be a matter for the discretion of the Judge.
Page 31 | 33.3.1 ORAL ARGUMENTS WHEN DESIRED AND HOW REQUESTED
Adjournment & Extension Requirements
A request to extend the time to plead must be written and signed by the requesting attorney.
Any request for an extension of time to plead shall be in writing and signed by the attorney requesting such extension.
Page 31 | 33.2.2
Continuance applications must conform to the Supreme Court Rule and be presented by the Wednesday before trial, except when the cause arises afterward.
All applications for continuance shall conform to Supreme Court Rule and be presented to the court no later than the Wednesday before trial date except for cause arising thereafter.
Page 31 | 34.1 CIVIL CASES
After a trial setting, a continuance is allowed only for statutory reasons and upon a duly filed written motion with notice under the local rule.
Once a trial setting is made, such case will not be continued except for statutory reasons, and upon written motion duly filed and notice given pursuant to local rule.
Page 32 | 34.1.3
A continuance motion must be heard at least three days before trial, unless its grounds arise afterward.
Any motion for continuance must be heard at least three (3) days before the day the case is set for trial unless the grounds arise thereafter.
Page 32 | 34.1.3
On either party’s application, the Judge may extend or shorten the time to file suggestions.
The Judge may extend or shorten the time for filing of suggestions on application of either party.
Page 31 | 33.2.1 BRIEFS IN SUPPORT OF MOTIONS, WHEN REQUIRED
Agreements between attorneys to continue a case do not bind the court.
Agreements between attorneys for continuances are not binding upon the court.
Page 32 | 34.1.3
On a timely motion, the Court may allow a shorter or longer time to execute and serve the authorization.
Upon motion timely filed, the Court may allow a shorter or longer time.
Page 46 | 68.6.1
A motion for continuance may be filed with the division clerk.
Motions for continuances may be filed with the division clerk.
Page 31 | 34.1 CIVIL CASES
Chambers Communication Rules
A request for a transcript or recording copy must be made to the clerk of the division that held the proceeding, who will forward it to available circuit court reporters.
The request shall be made to the clerk of the Division which held the proceeding. Requests will be forwarded to available court reporters within the Circuit.
Page 21 | 11.1 COPIES OF TRANSCRIPTS AND OTHER COURT PROCEEDINGS FROM ELECTRONIC SOUND RECORDINGS
The prevailing represented party must email the editable proposed document to the judge’s clerk within the judge-designated time, unless the judge orders otherwise.
Unless otherwise ordered by the judge, in all cases heard by a circuit judge, following a contested motion or trial in which the prevailing party is represented by an attorney, it shall be the duty of the party in whose favor an order, judgment, or degree is rendered to prepare the document in accordance with the judge’s findings and submit it as a Word document in a format that can be edited to the judge’s clerk at the clerk’s e-mail address within the time designated by the judge.
Page 24 | 14.6 CONTESTED TRIALS AND MOTIONS
Any proposed findings of fact and conclusions of law shall be submitted as a Word document to the judge’s clerk at the clerk’s e-mail address or as otherwise directed by the Court.
Any proposed findings of fact and conclusions of law shall be submitted as a Word document to the judge’s clerk at the clerk’s e-mail address or as otherwise directed by the Court.
Page 24 | 14.5 PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
If counsel cannot agree on a hearing setting, the movant must obtain a date and time from the division clerk or Judge.
Whenever opposing counsel cannot agree on the setting of a hearing as provided in Rule 20.1, the movant shall secure a date and time from the division clerk (or Judge) and shall file with his or her motion, proof of service of a notice to the opposite party, or the party's attorney, of the date and time of the hearing, which shall not be less than five (5) days after said filing and that Saturdays, Sundays, and legal holidays shall be excluded in the time computation.
Page 25 | GENERAL RULES, RULE 20 COURT HEARINGS
When a motion is submitted on suggestions, the movant must notify the Judge personally in writing when all suggestions are filed and the motion is ready for a ruling.
It shall be the responsibility of the movant in cases wherein a motion is submitted on suggestions, to notify the Judge personally in writing of the fact that all suggestions have been filed and said motion is ready for a ruling.
Page 31 | 33.2.3
Each attorney of record must keep informed of the case’s docket position and promptly advise the court and attorneys on the immediately following case of any continuance, settlement, or disposition.
It shall be the responsibility of each attorney of record to keep advised of the position of his or her case on the docket and to advise the court, and the attorneys on the case immediately following the case, of any continuance, settlement, or disposition of the case.
Page 33 | 41.1 NOTICE OF SETTLEMENT
Counsel must notify the court before the venire panel is discharged if a case-net search reveals information counsel believes conflicts with a venire person’s voir dire answers.
Counsel is to notify the court before the venire panel is discharged regarding any information revealed by a “case-net” search that counsel believes is inconsistent with a venire person’s answers during voir dire examination.
Page 35
Counsel must notify the Court if counsel determines that proceeding is not in the Ward’s best interest or that Rule 4-3.1 prevents counsel from proceeding.
If counsel determines that it is not in the Ward’s best interest or that pursuant to Rule4-3.1 counsel cannot proceed then counsel shall notify the Court
Page 52 | Request for Restoration
Special appointments and settings at other times must be made with the judge of the division involved.
Special appointments and settings for any other time shall be made with the judge of the division involved.
Page 8 | RULE 2, 2.1.1 HOURS OF COURT
Counsel should seek agreement with opposing counsel and the division clerk or Judge on hearing dates and times; telephone conferences are encouraged for scheduling.
20.1 Counsel should seek agreement with opposing counsel and the division clerk (or Judge) on the date and time for all court hearings. The use of telephone conference is encouraged to obtain a date and time for hearing.
Page 25 | GENERAL RULES, RULE 20 COURT HEARINGS
The Probate Division Clerk must provide the color-coded forms upon request.
The Probate Division Clerk shall provide such color-coded forms upon request.
Page 51 | FILING REQUIREMENTS
Court professionals should respond to inquiries about standard court procedures but must not give legal advice unless their official position requires it.
A court professional shall be responsive to inquiries regarding standard court procedures, but shall not give legal advice unless it is required as part of one's official position.
Page 58 | 108.1.7 ASSISTING LITIGANTS