7th Judicial Circuit Court of Missouri, Clay County Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

5 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.