7th Judicial Circuit Court of Missouri, Clay County Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed findings conclusions

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.

CRITICAL

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;

CRITICAL

Applies to

Golden rule letter

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Electronic service

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).

CRITICAL

Applies to

Order allowing withdrawal

Service

Mail

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.

CRITICAL

Applies to

Exhibits

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.

CRITICAL

Copies shall be provided to all parties.

Copies shall be provided to all parties.

CRITICAL

Applies to

Proposed order

Proposed orders must be served on all parties.

Any proposed Order shall not be electronically filed but shall be served on all parties.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Hearing notice

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Applies to

Withdrawal application

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).

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.