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

CRITICAL

Applies to

Return of warrant

If the defendant has not been arrested or is not in custody when the pleading is filed, the arresting law enforcement agency must indicate the OCN on the warrant return.

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.

CRITICAL

Applies to

Findings

The findings must state that the marriage cannot reasonably be preserved and is irretrievably broken.

That there is no reasonable likelihood that the marriage can be preserved, and therefore, the marriage is irretrievably broken.

CRITICAL

Applies to

Pleading or filing

Must include

ai disclosure

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.

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.

CRITICAL

Applies to

Transcript request

A party ordering an appeal transcript must submit a written request to the official reporter for the division where the case was tried, complying with the Supreme Court Rules.

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.

CRITICAL

Applies to

Decree

The decree must state against whom the costs of the action are assessed.

Against whom the costs of the action shall be assessed.

CRITICAL

Applies to

Separation agreement

A copy of a written separation agreement made under Section 452.325 RSMO must be filed.

In all cases where written separation agreements are made under the provisions of Section 452.325 RSMO, a copy of such agreement shall be filed.

CRITICAL

Applies to

Pleading or paper

Pleadings and other papers offered for filing must be signed by an attorney of record and include that attorney’s address, telephone number, and identification number; exhibits and wills are excepted.

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.

CRITICAL

Applies to

Adoption petition

The Division Three Clerk must receive the original and three copies of the adoption petition, a completed Certificate of Decree of Adoption, and the filing fee.

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.

CRITICAL

Applies to

Updated modification financial statements

If the information changes before trial, it must 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.

CRITICAL

Applies to

Subsequent pleading

Pleadings filed after the original petition must show the pending division number immediately above the case file 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.

CRITICAL

Applies to

State position on bond

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.

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.

CRITICAL

Applies to

Order

Attorneys must furnish orders for decrees, motions, dismissals, temporary orders, orders for publication, and similar matters.

Attorneys shall furnish all orders for decrees, motions, dismissals, temporary orders, orders for publication, etc.

CRITICAL

Applies to

Notice of mediation compliance

A Notice of Mediation Compliance form must be filed with the Court when a case is deemed inappropriate for mediation.

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.

CRITICAL

Applies to

Statement of income and expenses

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.

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.

CRITICAL

Applies to

Petition

Must include

caption

Petitions must identify all parties and their addresses in the caption and include a heading stating the nature of the suit.

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.

CRITICAL

Applies to

Financial statement

In all cases, file a statement of the parties' property, income, and expenses that includes the specified asset, real-estate, value, possession, and income-and-expense information.

In ALL cases a statement showing the property of the parties, their income and expenses, shall be filed with this court. Such statement shall contain the following: a. A list of all property and a designation of whether the same is marital or non-marital. b. The legal description of the real estate. c. The estimated fair market value and the amount of all encumbrances on each asset. d. The name of the party having possession or control over each asset. e. A statement of income and expenses for both parties to the best of the ability of the party filing such statement.

CRITICAL

Applies to

Search warrant docket entry

Each search warrant application’s docket-sheet entry must show the date, division number, identifying letter, filing time, and a reference to “Application.”

The division search warrant docket sheet entry for each application will show the date, the division number, the identifying letter, and the time of filing, with reference to an “Application.”

CRITICAL

Applies to

Decree

The decree must place the parties' names, current addresses, Social Security numbers, and employers' names and addresses at its end in the lower-left margin.

The names and current addresses of the petitioner and the respondent, their respective social security numbers, and their respective employer's name and address at the end of the decree, on the lower left hand margin.

CRITICAL

Applies to

Decree

When minor children are involved, the decree must specify custody, support amounts and recipient, whether payments go through the Clerk as trustee, the payment start date, and visitation provisions.

When minor children are involved, the custody of the children, the amount of support payments for the same, the party to whom the payments are to be made, whether the payments are to be made through the Clerk of the Circuit Court as trustee, the date which payments are to begin, and provisions regarding visitation rights.

CRITICAL

Applies to

Request for leave for additional discovery

A request for leave to seek additional or subsequent interrogatories or document requests must include the discovery sought and the basis for the request.

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.

CRITICAL

Applies to

Search warrant docket entry

A denied search warrant application must be reflected in a docket-sheet entry describing the application and then stating the ruling.

The denial of an application shall be reflected by an entry on the division search warrant docket sheet that describes the application, followed by the ruling.

CRITICAL

Applies to

Complaint information or indictment

If the defendant is in custody or has been arrested, the Prosecuting Attorney must place the OCN from the state criminal fingerprint card on the complaint, information, or indictment.

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.

CRITICAL

Applies to

Updated dissolution or legal separation financial statements

If the information changes before trial, it must 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.

CRITICAL

Applies to

Restoration motion

If counsel determines that proceeding is in the Ward’s best interest and is consistent with Rule 4-3.1, counsel must file a formal motion for restoration.

If counsel finds that it is in the Ward’s best interest to proceed, and considering Rule 4-3.1 of the Missouri Court Rules, then Counsel shall file a formal Motion for said restoration.

CRITICAL

Applies to

Deposition

A deposition may be filed with the court only by court order.

A deposition shall not be filed with the court except upon court order.

CRITICAL

Applies to

Statement of marital and nonmarital assets and debts and statement of income and expenses

Each party in a dissolution or legal separation action must file the specified asset, debt, income, and expense statements.

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.

CRITICAL

Applies to

Suggestions

Supporting suggestions must still be filed even when oral argument is granted.

Suggestions shall be filed pursuant to this rule even though oral argument is granted.

CRITICAL

Applies to

Authorization request

The authorization request must designate the person or entity to whom the authorization will be submitted.

Such request, designate the specific person or entity to whom the authorization will be submitted.

CRITICAL

Applies to

Proposed order judgment or decree

For a default or uncontested motion or hearing, the proposed order, judgment, or decree and a copy for each affected party must be submitted to the judge when the case or motion is heard, unless the judge grants more 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.

CRITICAL

Applies to

Search warrant docket sheet

Each division must maintain a search warrant docket sheet and record every search warrant application presented to it.

Each division shall maintain a search warrant docket sheet on which to record the filing of each application for a search warrant presented to that division.

CRITICAL

Applies to

Responsive pleading

A responsive pleading to the specified modification or child-support motions must include the respondent's current employer name and address and Social Security number.

Every responsive pleading to a 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 respondent.

CRITICAL

Applies to

Responsive pleading

Responsive pleadings in the specified proceedings must comply with the applicable statute.

Every responsive pleading to a petition for dissolution of marriage, legal separation, or for support of a minor child shall comply with the statute.

CRITICAL

Applies to

Application to sue as poor person

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.

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.

CRITICAL

Applies to

Order of publication

When service by publication is sought in an action affecting real or personal property and the specified verified statement is filed, the party's attorney must prepare the order of publication of notice.

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.

CRITICAL

Applies to

Decree or order

The specified decrees and orders must comply with the applicable statute.

Every decree dissolving a marriage, or granting separate maintenance, every order modifying a previous decree of dissolution, separate maintenance or divorce, and every order for support of a minor child shall comply with the statute.

CRITICAL

Applies to

Findings

Each finding of fact must appear in a separate paragraph.

Each finding of fact shall be set out in a separate paragraph.

CRITICAL

An attorney may not withdraw solely for failure to collect a fee; withdrawal requires the judge’s leave, and leave is not granted until successor counsel appears or the matter is brought before the court on motion with at least five days’ written notice to the defendant.

Once a private attorney has entered an appearance on a case, the attorney will not be permitted to withdraw the appearance on the sole ground of not having collected a fee. No attorney, public or private, will be permitted to withdraw as counsel for defendant unless the Judge has granted said attorney leave to withdraw. 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.

CRITICAL

Applies to

Findings

If restoration of the wife's maiden or former name is requested, the findings must state that and give the requested name in full.

If there is a request that the wife's maiden name or former name be restored, the findings shall so state and set out in full the requested name to be restored.

CRITICAL

Applies to

Property debt grid

In contested dissolution cases where property or debt division is at issue, the parties must complete and exchange the Grid on the stated schedule, submit it at the pretrial conference, and use it as an aid at trial; it is not required for default hearings.

68.1.8. A completed Property/Debt Grid (“Grid”) shall be submitted to the Court at the Pre-Trial Conference in all contested dissolution of marriage cases where the division or property or debts is at issue. The Grid shall include all property and debts of Petitioner and Respondent, the present values, the present possession and requested disposition as set forth by each party. 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. In the event that either party fails to comply with the requirements of this Rule, the opposing party shall send a “Golden Rule” letter pursuant to Local Court Rule 32.6. and follow the procedures for enforcement of discovery. Amendments to the Grid after fully-completed by both parties shall only be done by agreement of the parties or by Leave of Court. The Grid shall be admitted at trial as an aid to the Court and shall not be electronically filed. The Grid shall not be required for default hearings.

CRITICAL

Applies to

Financial statement

All parties who are not in default must provide the financial statements.

All parties not in default shall provide such statements.

CRITICAL

Applies to

Request to shorten confirmation period

Shortening the three-day filing period requires an express written request from all parties in interest, their attorneys, and any conservators.

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.

CRITICAL

Applies to

Petition

The Director of Revenue must be made a party to every petition seeking a hearing on refusal to take a breathalyzer.

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.

CRITICAL

Applies to

Petition to enter plea of guilty

In felony cases, a defendant who wishes to plead guilty must prepare the Division’s plea petition form and execute it in open court.

In all felony cases wherein the defendant desires to plead guilty, the defendant shall prepare a petition to enter a plea of guilty on a form adopted by the Division in which the case is pending. The petition to enter a plea of guilty shall be executed by the defendant in open court.

CRITICAL

Applies to

Proposed judgment

In settled or default cases, counsel must provide the Court a copy of the proposed judgment for approval before the hearing date.

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 shall provide a copy of the proposed Judgment prior to the hearing date for Court approval.

CRITICAL

Applies to

Uniform citation

Traffic cases filed by Uniform Citation must include the appropriate Missouri Charge Code Number, including the required NCIC modifier.

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.

CRITICAL

Applies to

Pleading motion or paper

The Circuit Clerk will not accept pleadings, motions, or papers for filing unless this rule has been fully complied with.

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.

CRITICAL

Applies to

Stipulation

When counsel agree on a hearing date and time, they must file a stipulation signed by both counsel.

When an agreement is reached, it is mandatory that a stipulation, signed by both counsel, be filed.

CRITICAL

Applies to

Petition

The petition must identify the officer who filed the refusal affidavit and that officer’s law enforcement agency.

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.

CRITICAL

Applies to

Deposition certificate

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.

CRITICAL

Applies to

Entry of appearance

Attorneys retained in civil cases must file an entry of appearance for their clients before securing any order.

Attorneys retained in civil cases shall file an entry of appearance for the parties they represent, before securing any order.