7th Judicial Circuit Court of Missouri, Clay County Document Filing Requirements

CRITICAL

Applies to

Motion

A motion to modify a decree concerning maintenance or support, or for support of a minor child, must include the movant's current employer name and address and Social Security number, and the respondent's corresponding information if known.

In compliance with Section 452.312 RSMO, every motion for modification of a decree respecting maintenance or support, or motion for support of a minor child, shall contain the name and address of the current employer and the social security number of the petitioner or movant, and, if known to the petitioner or movant, the name and address of the current employer and the social security number of the respondent.

CRITICAL

Applies to

Proposed order judgment or decree

Unless the judge orders otherwise, the prevailing represented party after a contested motion or trial before a circuit judge must prepare the order, judgment, or decree according to the judge’s findings and submit it in editable Word format to the judge’s clerk by the judge-designated deadline.

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.

CRITICAL

Applies to

Separate pleading

A plaintiff electing to proceed under 478.250 (2) RSMO must file a separate pleading designating that procedure.

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.

CRITICAL

Applies to

Execution application

An execution application must be written, verified by oath, and include the specified case, judgment, debtor, property, return-date, and sheriff-instruction information.

81. Executions shall not be issued by the Circuit Clerk except upon written application therefor verified by the oath of the judgment-creditor or his or her attorney. The written application shall contain the following: a. Style and number of case in which judgment was obtained. b. Date judgment entered or last revived. c. The amount of the original judgment, the amount of accrued interest on the original judgment, and the amount of the judgment and interest still unsatisfied. d. The full name and current address, if known, of the judgment-debtor. e. A full description of the property to be executed on. f. The return date designated by the applicant at the time not more than 180 days after issuance. g. Any special instructions to be provided the sheriff performing the execution.

CRITICAL

In all dissolution cases, motions to modify and paternity cases in which there are minor children, the parties shall file a Form 14. These forms shall be furnished by the Circuit Clerk and submitted by the parties at least five days prior to the hearing.

In all dissolution cases, motions to modify and paternity cases in which there are minor children, the parties shall file a Form 14. These forms shall be furnished by the Circuit Clerk and submitted by the parties at least five days prior to the hearing.

CRITICAL

Applies to

Restoration request

All requests for restoration must be presented to the Probate Judge for review.

All request for restoration shall be presented to the Probate Judge for review.

CRITICAL

Applies to

Modification statement of assets and debts and statement of income and expenses

Each party in a motion to modify child support, alimony, or maintenance must file the specified asset, debt, income, and expense statements.

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.

CRITICAL

Applies to

Sentencing assessment report

When ordered, the Missouri Department of Probation and Parole must investigate and prepare a sentencing assessment report, deliver it to the court at least 24 hours before sentencing if practicable, and allow the defendant and counsel reasonable time to review it; the defendant may suggest changes before sentencing.

In all criminal cases where the Judge orders a sentencing assessment report, the Missouri Department of Probation and Parole shall make proper investigation and prepare such report. The report shall be delivered to the court at least twenty-four (24) hours prior to the time of sentencing if practicable. The defendant and his or her attorney will be given a reasonable time to read and examine such report prior to sentencing. Prior to sentencing, the Judge shall allow the defendant to suggest corrections, additions or deletions to the report.

CRITICAL

Applies to

Motion for trial setting

A motion for trial setting must state that mediation is complete, that there are no contested custody or visitation issues involving minor children, or that the case is excluded or exempt from mandatory mediation.

Any motion for trial setting shall include an averment that mediation has been completed, or that there are no contested issues regarding custody or visitation of minor children, or that the case has been excluded or exempted from mandatory mediation as provided by this rule.

CRITICAL

Applies to

Notice of publication

A publication notice must specifically describe affected property, include a complete legal description for real property, and include all statements required by Supreme Court Rules.

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.

CRITICAL

Applies to

Trust report

The annual trust report must be written and describe the condition of the trust, including verification of 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.

CRITICAL

Applies to

Search warrant docket entry

Issuance of a search warrant must be entered on the division’s search warrant docket sheet with a reference to the application.

The issuance of a search warrant shall be docketed on the division search warrant docket sheet with reference to the application.

CRITICAL

Applies to

Proposed judgment

In all cases that are presented to the Court that have been settled by the parties or are being heard on a default basis Counsel for the party/parties shall provide the Court the Original Proposed Judgment and enough copies for all parties and one copy for the State of Missouri along with any necessary hard copies of any exhibit required herein. Said documents shall be provided by counsel on the hearing date for the case.

In all cases that are presented to the Court that have been settled by the parties or are being heard on a default basis Counsel for the party/parties shall provide the Court the Original Proposed Judgment and enough copies for all parties and one copy for the State of Missouri along with any necessary hard copies of any exhibit required herein. Said documents shall be provided by counsel on the hearing date for the case.

CRITICAL

Applies to

Income information form

Parties seeking to participate in the Family Court Mediation Program must submit income information to the Office of Dispute Resolution Services administrator on the designated form.

Parties seeking to participate in the Family Court Mediation Program shall submit income information to the administrator of the Office of Dispute Resolution Services on the form designated for that purpose.

CRITICAL

Applies to

Decree

For decrees affecting real-estate title, counsel must prepare the decree and, after entry, record an appropriate deed or certified copy where the property is located.

All decrees of dissolution of marriage or legal separation affecting title to real estate shall be prepared by counsel and upon entry thereof, counsel shall either record an appropriate deed or a certified copy of the decree in the Office of the Recorder of Deeds in the county and state where each tract of real estate is situated.

CRITICAL

Applies to

Service of process filing

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: 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.

CRITICAL

Applies to

Petition

Except in the Juvenile and Probate Divisions, the original petition and one additional copy for each defendant or party to be served with process must be filed with the Circuit Clerk.

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;

CRITICAL

Applies to

Proposed order judgment or decree

The prevailing pro se party must prepare the proposed order, judgment, or decree according to the judge’s findings and file a hard copy with the judge’s clerk, plus a copy for each affected party, within the judge-designated time.

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.

CRITICAL

Applies to

Application to withdraw award

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.

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.

CRITICAL

Applies to

Pleading or paper

Must include

caption

The caption must use the specified court designation and no other designation.

The court designation in the caption shall be solely: "In the Circuit Court of Clay County, Liberty, Missouri."

CRITICAL

Applies to

Pleading

A party without an attorney must sign all pleadings and include their address and telephone number.

A party not represented by an attorney shall sign his or her name to all pleadings with his or her address and telephone number.

CRITICAL

Applies to

Judgment entry

Attorneys must furnish judgment entries for the listed proceedings and any other required order.

Attorneys shall furnish all judgment entries for decrees, motions, dismissals, temporary orders, orders for publication, and any order required.

CRITICAL

Applies to

Decree

The decree must state that the parties' marriage is dissolved.

The marriage between (name of the parties) is dissolved.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Proposed judgment

In default and uncontested cases, the prevailing party’s counsel must present the proposed judgment or decree to the judge for approval on the day of rendition.

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.

CRITICAL

Applies to

Decree

If a separation agreement is included in the decree, the decree must order its provisions performed except for child custody and support.

When a separation agreement has been entered into, and is to be included in the decree, the provisions of such separation agreement shall be performed, except as to child custody and support.

CRITICAL

Applies to

Decree

Each item ordered by the Judge must be set out in a separate paragraph.

Each item ordered by the Judge shall be set out in a separate paragraph.

CRITICAL

Applies to

Service of process filing

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: 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.

CRITICAL

Applies to

Agreement

An agreement in a pending case must be written and filed or made on the record in open court to be accepted or enforced.

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.

CRITICAL

Applies to

Probate application

Applications to the Probate Division must be sworn or affirmed and signed by the applicant, unless the Probate Judge provides otherwise.

Every application to the Probate Division shall be under oath or affirmation as provided by Section 472.080 RSMO, and signed by the applicant, except as otherwise provided by the Judge of the Probate Division.

CRITICAL

Applies to

Written notification

An attorney is not considered engaged unless the attorney complies with Local Rule 34.1.2 and gives the division Judge written notice identifying the other court and the approximate time of engagement.

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.

CRITICAL

Applies to

Proposed findings conclusions

In court-tried cases where findings are required or properly requested, the parties must submit proposed findings and conclusions at trial’s conclusion or within the reasonable time directed by the Judge.

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.

CRITICAL

Applies to

Certificate of attendance

The parties must sign a Certificate of Attendance, which the Moderator collects and files with the Clerk to show completion of the attendance requirement.

The parties shall be required to sign a Certificate of Attendance that will be collected by the Moderator and thereafter filed with the Clerk of the Court showing that the attendance requirement was fulfilled.

CRITICAL

Applies to

Decree

If the Judge restores the wife's maiden or former name at the hearing, the decree must specify the restored name in full.

If the wife's maiden name or former name is to be restored by the Judge at the time of the hearing, the restored name shall be specified in full.

CRITICAL

Applies to

Service of process filing

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.

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.

CRITICAL

Applies to

Pleading or filing

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.

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.

CRITICAL

Applies to

Verified statement

A party seeking service by publication in an action affecting real or personal property files a verified statement showing why service cannot be obtained under Supreme Court Rules.

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,

CRITICAL

Applies to

Filing information sheet

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.

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.

CRITICAL

Applies to

Proposed decree

Must include

proposed order

Counsel must submit a proposed decree at least five days before the hearing in cases with a separation agreement, unless the Judge allows a shorter submission 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.

CRITICAL

Applies to

Child support or maintenance order

Every entered or modified child-support or maintenance order must notify the obligor about the income-withholding provisions of Section 452.350 RSMO.

All orders for child support or maintenance, entered or modified, shall include a provision notifying the obligor about the withholding of income provisions of Section 452.350 RSMO.

CRITICAL

Applies to

Proposed findings and conclusions

When findings and conclusions are required or deemed necessary, attorneys must submit proposed findings and conclusions when ordered by the Court.

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.

CRITICAL

Applies to

Property debt grid

The Grid is to be admitted at trial as an aid to the Court.

The Grid shall be admitted at trial as an aid to the Court and shall not be electronically filed.

CRITICAL

Applies to

Limited appearance

A private attorney seeking a limited appearance must first obtain leave of court, and the limited appearance must be recorded in the court’s records.

If a private attorney wishes to limit his or her appearance to preliminary hearing proceedings or for other limited purposes, such attorney must first obtain leave of court for such limited appearance. Such limited appearance shall be duly recorded on the court's records.

CRITICAL

Applies to

Proposed judgment

Unless the court orders otherwise, the prevailing party’s attorney must prepare and submit a proposed judgment entry for the judge’s approval.

Unless otherwise ordered, the attorney for the prevailing party shall prepare and submit a proposed judgment entry to the Judge for approval.

CRITICAL

Applies to

Application to withdraw award

Must include

proposed order

A separate withdrawal application for each tract must be filed with the Circuit Clerk and accompanied by a proposed order.

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.

CRITICAL

Applies to

Decree

Every decree must contain judicial findings and recite the listed information about the parties, marriage, residency, children, military status, property, and any separation agreement.

All decrees shall contain findings by the Judge and must include and - recite: a. The appearances of the parties and the appearances of their attorneys. b. Date and place of marriage, place of registration of marriage and date of separation. c. Either that: (1) one of the parties has been a resident of Missouri for ninety (90) days next preceding the commencement of the proceedings, and thirty (30) days have elapsed since the filing of the petition, or (2) one of the parties is a member of the armed services who has been stationed in this State for ninety (90) days next preceding the commencement of the proceeding and that thirty (30) days have elapsed since the filing of the petition. d. The date of filing of any entry of appearance. e. Whether there have been children born of the marriage, their names and birth dates. f. Whether the wife is pregnant. g. Either (l) that neither petitioner nor respondent is a member of the armed forces of the United States of America, or, (2) if one or both parties are members of the armed forces of the United States of America, a statement to that effect. If the respondent is a member of the armed forces of the United States of America, that a waiver under the Soldier and Sailors Relief Act has been filed when the same is required under such Act. h. Whether or not there is marital property to be divided by the Judge. i. A listing of the value of all real and personal property including encumbrances, and a paragraph to the effect that the Judge finds the value of the property is as set out in the financial statement filed and marked as Exhibit __; or, if there is a difference between petitioner and respondent as to the value of the property, a paragraph as to the value of the property as found by the Judge. Oral property settlement agreements will not be accepted. j. Whether a written separation agreement has been entered into between the parties, and if so, the decree shall set forth in full its provisions, unless the separation agreement provides otherwise. All provisions in such separation agreements pertaining to custody and child support must be included in the decree, along with a statement that the Judge has examined the separation agreement and found it not unconscionable.

CRITICAL

Applies to

Petition

Petitions for dissolution of marriage, legal separation, or support of a minor child must comply with Section 452.312 RSMO.

In compliance with Section 452.312 RSMO, every petition for dissolution of marriage or legal separation, and every petition for support of a minor child, shall comply with the statute.

CRITICAL

Applies to

Golden rule letter

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.

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.

CRITICAL

Applies to

Charging document

The Prosecuting Attorney must provide the appropriate Missouri Charge Code Number, including the required NCIC modifier, for each alternate count alleged in a charging document.

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.

CRITICAL

Applies to

Trust inventory

The trust inventory must be in writing and include the property and effects comprising the trust estate.

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.