7th Judicial Circuit Court of Missouri, Clay County Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

INFO

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.

INFO

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.