Judge Charles H. McKenzie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Continuance Motion
Motion
Proposed Order
Petition
Court-wide- 1 copy • Upon Filing
Adjournments
- Unless a continuance has been granted, parties must attend the Case Management Conference even when service has not yet been made.
- A continuance from a trial date will be granted only when good cause is shown.
- A continuance application must be filed by the Wednesday of the week before the case management conference or trial setting.
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Court-widePhone
Court-wideDocument Format Requirements4 rules
The State must provide marked jury instructions in hard-copy and emailed Word form; the instructions must be double-spaced and use 11-point font.
On the morning of trial, the State shall provide the Court with hard copies of marked jury instructions; said instructions shall be double-spaced and in 11 point font and also emailed to the Division Law Clerk in a Word document.
Before trial or hearing, each party must mark exhibits with a sticker identifying Petitioner or Respondent and the exhibit number; only the Court uses letters.
Each party shall mark exhibits prior to trial or hearing with an exhibit sticker indicating whether the exhibit is being offered by Petitioner or Respondent, along with the exhibit number. Only the Court uses letters for exhibits.
Each party must mark exhibits before trial or hearing with an exhibit sticker identifying the offering party and exhibit number; only the Court uses letters for exhibits.
Each party shall mark exhibits prior to trial or hearing with an exhibit sticker indicating whether the exhibit is being offered by Plaintiff or Defendant, along with the exhibit number. Only the Court uses letters for exhibits.
The parties must provide the Judge and Court Reporter with Witness and Exhibit Lists using the format specified on the Division 13 web page.
The parties shall provide the Judge and Court Reporter with Witness and Exhibit Lists in the format listed on the Division 13 web page for the 16th Judicial Circuit.
Document Filing Requirements34 rules
If attorneys do not agree to resolve a discovery issue informally, they must file a motion complying with Local Rule 32.2.5 for the Court's ruling.
Otherwise, for a discovery issue, a motion in compliance with Local Rule 32.2.5 shall be filed and the Court will rule on the motion.
Document Type
Discovery Motion
Failure to appear at a scheduled case management conference may result in dismissal of the case.
Failure to appear for a scheduled case management conference may result in a dismissal of the case.
Document Type
Case Management Conference
Each party must provide an exhibit list before trial or a hearing begins.
Each party shall provide an exhibit list prior to the start of trial or a hearing.
Document Type
Exhibit List
Counsel must make efforts to resolve a discovery dispute before filing a motion, as required by Local Rule 33.5.
Counsel shall make efforts to resolve any discovery dispute prior to filing a motion as required by Local Rule 33.5.
Document Type
Discovery Motion
An attorney appearing in court for a client must file an entry of appearance or a limited entry of appearance.
If you appear in court on behalf of a client, you must file an entry of appearance or an entry of limited appearance.
Document Type
Entry Of Appearance
Before trial begins, civil cases must include the listed MAI instructions, with E 1.01 included if agreed to by the parties.
Civil Cases require the following Instructions prior to trial beginning: MAI 2.00(A) – Explanatory Instruction MAI 2.00(B) – Recess Instruction MAI 2.00(C) – Juror Bias E 1.01 - Recommended Instruction if agreed to by Parties
Document Type
Jury Instructions
At the pretrial conference, parties must present an exhibit list and witness list to Judge McKenzie and the court reporter, identify all exhibits numerically, and avoid duplicative exhibit numbers.
An exhibit list and a witness list shall be presented at the Pre-Trial Conference to Judge McKenzie and the Court Reporter. All exhibits shall be identified numerically. The Court does not permit duplicative numbers. Please consult the other Parties to determine the set of numbers you are able to use without numbers being duplicative.
Document Type
Pretrial Order
Civil jury instructions must be emailed to the law clerk in Word format by the pretrial conference, with copies to the JAA and the Division email address.
Civil Jury Instructions in Word version shall be e-mailed to the law clerk by the Pre-Trial Conference. When you send the instructions through e-mail, please copy the JAA and the Division e-mail at div13.cir16@courts.mo.gov.)
Document Type
Jury Instructions
Before trial begins, criminal cases must include the listed MAI-CR instructions.
Criminal Cases require the following Instructions prior to trial beginning: MAI-CR 4th 400.02 – Explanatory Instruction MAI-CR 4th 400.04.01 – Recess Instruction MAI-CR 4th 400.06 MAI-CR 4th 402.01 MAI-CR 4th 402.02
Document Type
Jury Instructions
Criminal jury instructions are due by the date in the scheduling order and must be submitted as a Word version by email or as a printed copy brought to court.
Criminal Jury Instructions are due on or before the date indicated in the Scheduling Order. A Word version shall be e-mailed to the law clerk or a copy may be printed and brought to Court (if you send the instructions through e-mail, please copy the JAA and the Division e-mail at div13.cir16@courts.mo.gov.)
Document Type
Jury Instructions
All motions for which a hearing is not requested must be accompanied by a proposed order.
All motions shall be prepared in compliance with Local and Supreme Court Rules. Local Rule 33.5.6 requires that “all motions except those in which a hearing is requested shall be accompanied by a proposed order.”
Document Type
Motion
A motion and proposed order must accompany every continuance request.
A motion and proposed order must be filed for all continuance requests.
Document Type
Continuance Request
The parties must exchange lists and copies of anticipated trial exhibits before trial.
Pursuant to the Court’s case management order, lists and copies of exhibits the parties anticipate offering at the trial are to be exchanged prior to trial.
Document Type
Trial Exhibit List
Before evidence is introduced, counsel must provide the court and court reporter with the anticipated trial witness list.
Prior to the introduction of evidence, counsel will provide the Court and the Court Reporter a list of the witnesses they anticipate calling at trial.
Document Type
Trial Witness List
Failure to appear at a scheduled Case Management Conference may result in dismissal of the case.
Failure to appear for a scheduled Case Management Conference may result in a dismissal of the case.
Document Type
Case Management Statement
A case set for trial remains on the docket until a dismissal is filed, even if it has otherwise been resolved.
If a case is set for trial but has been otherwise resolved, the Court will not take the matter off of the docket until a dismissal is filed with the Court.
Document Type
Dismissal
An attorney appearing in court for a client must file an entry of appearance or limited appearance.
If you appear in court on behalf of a client, you must file an entry of appearance or an entry of limited appearance.
Document Type
Notice Of Appearance
The email subject line must include the case style and case number, with the case number first.
The case number and style of the case shall be included in the subject line with the case number first.
Document Type
Counsel must make efforts to resolve a discovery dispute before filing a motion, as Local Rule 33.5 requires.
Counsel shall make efforts to resolve any discovery dispute prior to filing a motion as required by Local Rule 33.5.
Document Type
Discovery Motion
The parties must be prepared to set the case for trial at the Case Management Conference.
The parties shall be prepared to set the matter for trial.
Document Type
Case Management Statement
Each party must provide an exhibit list before trial or a hearing begins.
Each party shall provide an exhibit list prior to the start of trial or a hearing.
Document Type
Exhibit List
The parties must complete and file a Case Management Statement no later than seven days before the Case Management Conference.
No later than seven (7) days prior to the Case Management Conference, the parties shall complete and file a Case Management Statement with the Court.
Document Type
Case Management Statement
A motion complying with Local Rule 32.2.5 must be filed, and the Court will rule on it.
A motion in compliance with Local Rule 32.2.5 shall be filed and the Court will rule on the motion.
Document Type
Discovery Motion
Attorneys of record, their clients, and unrepresented parties must attend the Case Management Conference and be prepared to discuss the case's merits.
All attorneys of record and their clients, as well as unrepresented parties, shall appear at the Case Management Conference and shall be prepared to discuss the merits of the case.
Document Type
Case Management Statement
Attorneys must include their email address and fax number in the signature block of every pleading.
Missouri Supreme Court Rule 43.01(c) and Local Rule 3.1(2) require attorneys to put their email address and fax number in the signature block of all pleadings.
Document Type
Pleadings
Every motion must include a proposed order unless the motion requests a hearing.
All motions shall be prepared in compliance with Local and Supreme Court Rules. Local Rule 33.5.6 requires that “all motions except those in which a hearing is requested shall be accompanied by a proposed order.”
Document Type
Motion
The case management order must address mediation, establish key case and discovery deadlines, set a pretrial conference and trial date, and address other appropriate matters.
The Court will set a date for trial and enter a case management order, which shall address the following: o Mediation. o Establish dates for naming of experts, the closure of discovery, and the filing of motions. o Establish a date for pretrial conference. o Establish a date for trial. o Address any other matter appropriate to the case.
Document Type
Case Management Order
The parties may change scheduling-order deadlines other than the dispositive-motion deadline and trial date without court permission if they agree.
All deadlines, except for dispositive motions deadline and the trial date, which are set out in the Court’s Scheduling Order, may be changed without leave of Court if agreed upon by the Parties.
Document Type
Scheduling Order
A proposed order should accompany every motion.
Pursuant to Local Rule 33.5.6, proposed orders should accompany all motions.
Document Type
Motion
Counsel and the parties are expected to complete the stated FOCIS/PTLA and standard discovery requirements before the Case Management Conference.
Prior to the case management conference, counsel and the parties are expected to complete all requirements regarding: FOCIS/PTLA Standard Discovery
Document Type
Pretrial Order
Proposed orders should accompany all motions.
Pursuant to Local Rule 33.5.6, proposed orders should accompany all motions.
Document Type
Motion
A transcript request must be submitted in writing to the Division 13 Court Reporter.
All transcript requests must be in writing and sent to the Division 13 Court Reporter.
Document Type
Transcript Request
After another attorney files an Entry of Appearance or Designation of Lead Attorney, withdrawing counsel may do so without court leave by filing a pleading titled “Memorandum of Withdrawal.”
When another attorney has filed an Entry of Appearance or Designation of Lead Attorney, attorneys may withdraw without leave of Court by filing a pleading titled ‘Memorandum of Withdrawal’. Please refer to Local Rule 21.4.1.
Document Type
Memorandum Of Withdrawal
The Court recommends memorializing an agreed-upon deadline change in writing.
The Court recommends that any agreed upon change be memorialized in writing.
Document Type
Deadline Change
Filing & Service rules
Electronic Filing Rules
Every continuance motion must be filed electronically, with a courtesy copy e-mailed to Division 13 and the Law Clerk.
Pursuant to Administrative Order 2013-008, all motions for continuance must be filed electronically with a courtesy copy e-mailed to the Division 13 e-mail at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
Represented parties must use the e-filing system, while pro se parties must file through the Civil Records Department on the third floor.
All filings must be made through the e-filing system or, for pro se parties, through the Civil Records Department on the 3rd floor.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
All filings must be submitted through the e-filing system, except that pro se parties may use the Civil Records Department on the 3rd floor.
All filings must be made through the e-filing system or, for pro se parties, through the Civil Records Department on the 3rd floor.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR FAMILY LAW CASES — General Requirements
Filing Timing and Cure Windows
Motions in limine must be filed by the pretrial conference, or by 3:00 pm on the Friday before trial if no pretrial conference is held.
Motions in limine shall be filed on or before the pretrial conference, and if no pretrial conference is held, no later than 3:00 pm on the Friday before trial.
Page 2 | TRIALS
The Case Management Statement must be filed at least seven days before the Case Management Conference.
No later than seven (7) days prior to the Case Management Conference, the parties shall complete and file a Case Management Statement with the Court.
Page 1 | CIVIL CASE MANAGEMENT CONFERENCES
The parties must complete and file a Case Management Statement with the court no later than seven days before the case management conference, and failure to do so may result in sanctions.
Prior to the case management conference, attorneys of record shall discuss resolution of the case. No later than seven (7) days prior to the case management conference, the ===== PAGE 2 ===== parties shall complete and file with the Court a Case Management Statement. Failure to submit the case management statement may result in the Court’s imposition of appropriate sanctions.
Page 2 | CASE MANAGEMENT CONFERENCE GUIDELINES
Service and Proof of Service Rules
An email must include every attorney and unrepresented party who has been served.
You must include all attorneys and unrepresented parties who have been served on any e-mail.
Page 1 | E-MAILING/CONTACTING THE COURT
Courtesy Copy Requirements
Written motions filed during trial generally must be accompanied by an emailed courtesy copy to the law clerk, Division email, Judge McKenzie, and opposing counsel before 7:00 a.m., subject to specified exceptions.
Any written motions that are filed during trial will not be taken up by the Court unless they are filed and a courtesy copy is e-mailed to the law clerk, the Division e-mail, Judge McKenzie, and opposing counsel prior to 7:00 am. An exception is allowed for any motions that are filed after a party has rested, or at the close of all evidence, or as otherwise deemed appropriate by the Court.
Page 1 | PROCEDURES DURING TRIAL
Every continuance motion must be filed electronically, with a courtesy copy emailed to Division 13 and the Law Clerk.
Pursuant to Administrative Order 2013-008, all motions for continuance must be filed electronically with a courtesy copy e-mailed to the Division 13 e-mail at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR FAMILY LAW CASES — General Requirements
Chambers courtesy copies of motions filed shortly before a court appearance should be e-mailed to Division 13 and the Law Clerk.
Any chambers copies of motions that are filed within days of a Court appearance should be sent via e-mail to Division 13 at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
A courtesy copy of each proposed order in Word format should be e-mailed to Division 13 and the Law Clerk.
A Word version courtesy copy of these orders should be sent via e-mail to the Division 13 e-mail at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
A courtesy copy of each continuance motion must be e-mailed to Division 13 and the Law Clerk.
Pursuant to Administrative Order 2013-008, all motions for continuance must be filed electronically with a courtesy copy e-mailed to the Division 13 e-mail at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
A courtesy copy of each proposed order in Word format should be emailed to Division 13 and the Law Clerk.
A Word version courtesy copy of these orders should be sent via e-mail to the Division 13 e-mail at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR FAMILY LAW CASES — General Requirements
Chambers copies of motions filed within the days before a court appearance should be emailed to Division 13 and the Law Clerk.
Any chambers copies of motions that are filed within days of a Court appearance should be sent via e-mail to Division 13 at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR FAMILY LAW CASES — General Requirements
Adjournment & Extension Requirements
A continuance application must be filed by the Wednesday of the week before the case management conference or trial setting.
All applications for continuance shall be filed on or before the Wednesday of the week prior to the case management conference OR trial setting.
Page 1 | Continuance Motions and Continuances for Trial Settings
A continuance from a trial date will be granted only when good cause is shown.
Continuances from Trial dates will be granted only for good cause shown.
Page 1 | Continuance Motions and Continuances for Trial Settings
If a dismissal cannot be filed before trial, the parties must file a motion for continuance.
If a dismissal cannot be filed before the trial date, the parties shall file a Motion for Continuance.
Page 1 | Continuance Motions and Continuances for Trial Settings
Unless a continuance has been granted, parties must attend the Case Management Conference even when service has not yet been made.
Unless you have been granted a continuance, you must attend a Case Management Conference, even if service has not been made on a party. Attendance is mandatory.
Page 1 | Continuance Motions and Continuances for Trial Settings
All continuance requests require a motion and proposed order, and trial-date continuances are not freely granted.
Trial dates are specially set and no continuances will be freely granted. A motion and proposed order must be filed for all continuance requests.
Page 2 | TRIALS
Every continuance application must be filed by the Wednesday of the week before the applicable case management conference or trial setting.
All applications for continuance shall be filed on or before the Wednesday of the week prior to the case management conference OR trial setting.
Page 1 | Continuance Motions and Continuances for Trial Settings
A continuance from a trial date requires good cause.
Continuances from Trial dates will be granted only for good cause shown.
Page 1 | Continuance Motions and Continuances for Trial Settings
A party must attend the Case Management Conference unless a continuance has been granted, regardless of whether service has been completed.
Unless you have been granted a continuance, you must attend a Case Management Conference, even if service has not been made on a party. Attendance is mandatory.
Page 1 | Continuance Motions and Continuances for Trial Settings
Chambers Communication Rules
The Court will not participate in ex parte contact, and counsel or a party must not discuss the case's substance with the Court or Division staff without the opposing party present.
The Court will not participate in ex parte contact with an attorney or a party. Do not attempt to engage the Court or Division staff in discussions about the substance of the case without the opposing party present.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
All served attorneys and unrepresented parties must be copied on e-mail, and ex parte communications are not accepted.
You must include all attorneys and unrepresented parties who have been served on any e-mail. The Court will not accept ex parte communication per Supreme Court Rule 2-2.9.
Page 1 | E-MAILING/CONTACTING THE COURT
Parties must not seek legal advice from the Court or Division staff and must file a motion when relief is needed beyond scheduling.
The Court cannot provide legal advice. Do not ask the Court or Division staff for advice on how to do something. If you need something beyond scheduling, file a motion seeking relief.
Page 1 | E-MAILING/CONTACTING THE COURT
The Judge must not be e-mailed directly.
Do not e-mail the Judge directly.
Page 1 | E-MAILING/CONTACTING THE COURT
E-mail must not be used to argue substantive issues, and the Court must not be copied on party disputes because the Judge will not read them.
E-mail is not an appropriate platform for arguing substantive issues regarding the case. Do not copy the Court on ongoing disputes among the Parties. The Judge will not read these e-mails.
Page 1 | E-MAILING/CONTACTING THE COURT
If no pretrial conference date is set at the case management conference, the parties must contact the Law Clerk at least one month before trial to schedule it.
If a date for pre-trial conference is not set at the case management conference, the parties shall contact the Division 13 Law Clerk, at least one month prior to the trial date, to schedule a pre-trial conference.
Page 1 | PRE-TRIAL MATTERS
Criminal hearings must be requested and scheduled by email with the Judicial Administrative Assistant, with both parties included, and pending-motion hearings must be coordinated before being scheduled at the case management conference.
All criminal hearings must be requested and scheduled with the Judicial Administrative Assistant via email, including both parties. Hearings on pending motions will not be ===== PAGE 2 ===== available at the case management conference setting unless you have coordinated the hearing with the Judicial Administrative Assistant.
Page 1 | SCHEDULING
After settlement before trial, notice must be provided as soon as possible to Division 13 and the Law Clerk by email.
If the case is settled prior to trial, as soon as possible provide notice to the Court via e-mail to Division 13 at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | Continuance Motions and Continuances for Trial Settings
Emails to the Court must include opposing counsel or unrepresented parties to comply with the stated ex parte communication rule.
The Court strictly adheres to Missouri Supreme Court Rule 2-2.9 regarding Ex Parte Communication. Please include opposing counsel or unrepresented parties in emails to the Court.
Page 1 | GENERAL REQUIREMENTS FOR ALL CASES
Parties must check Case.net before contacting the Division with questions.
Before contacting the Division with any questions, please check Case.net first.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
Initial civil case management conferences may be attended by WebEx with the required equipment and bandwidth, but telephone appearance requires express court permission.
Initial Civil Case Management Conferences may be attended via WebEx if those who intend to appear by WebEx have computers that have a video camera, microphone, and adequate bandwidth. Appearance by telephone is not permitted without express permission from the Court.
Page 1 | CIVIL CASE MANAGEMENT CONFERENCES
Attorneys who agree to work informally on a discovery issue may schedule a conference call with the Judge.
If the attorneys have a discovery issue and agree to try and work it out informally, the attorneys can contact the Court and schedule a conference call with the Judge to discuss the issues.
Page 1 | Discovery Issues
An e-mail subject line must include the case number first and then the case style.
The case number and style of the case shall be included in the subject line with the case number first.
Page 1 | E-MAILING/CONTACTING THE COURT
Parties must notify the Court by e-mail as soon as possible if the case settles before trial.
If the case is settled prior to trial, As soon as possible, provide notice to the Court via e-mail to Division 13 at div13.cir16@courts.mo.gov and the Law Clerk.
Page 1 | Continuance Motions and Continuances for Trial Settings
A request for a motion hearing should be made by e-mail, should state the specific reason, and should copy all parties; the Court schedules a hearing only if the Judge finds it necessary.
However, if a request for a hearing is made due to a specific reason (i.e. complicated facts, evidence to be presented, etc.), then please state that reason in the e-mail requesting the hearing with all parties copied on the e-mail. If the Judge finds that a hearing is necessary, the Court will reach out to schedule that hearing.
Page 1 | LOCAL RULES AND DIVISION 13 POLICIES FOR CIVIL CASES — General Requirements
If the initial case management conference does not result in a scheduling order, the Court will schedule another conference.
In the event that the initial case management conference does not result in a Scheduling Order, another case management conference will be scheduled.
Page 1 | CIVIL CASE MANAGEMENT CONFERENCES
Telephone appearance at an initial Case Management Conference requires express permission from the Court.
Appearance by telephone is not permitted without express permission from the Court.
Page 1 | CIVIL CASE MANAGEMENT CONFERENCES
Do not request legal advice from the Court or Division staff; file a motion when relief is needed beyond scheduling.
Do not ask the Court or Division staff for advice on how to do something. If you need something beyond scheduling, file a motion seeking relief.
Page 1 | E-MAILING/CONTACTING THE COURT
Do not email the Judge directly.
Do not e-mail the Judge directly.
Page 1 | E-MAILING/CONTACTING THE COURT
Email must not be used to argue substantive issues or copy the Court on disputes between the parties, and the Judge will not read such emails.
E-mail is not an appropriate platform for arguing substantive issues regarding the case. Do not copy the Court on ongoing disputes among the Parties. The Judge will not read these e-mails.
Page 1 | E-MAILING/CONTACTING THE COURT
The subject line must state the case number first and then include the style of the case.
The case number and style of the case shall be included in the subject line with the case number first.
Page 1 | GENERAL REQUIREMENTS FOR ALL CASES
E-mail may be used to contact the Law Clerk for scheduling matters.
Division 13 often uses e-mail for scheduling matters. You are welcome to use e-mail to contact the Law Clerk for scheduling.
Page 1 | E-MAILING/CONTACTING THE COURT
The Law Clerk must be contacted to arrange courtroom equipment or answer questions about pretrial matters.
Please contact the Division 13 Law Clerk to arrange a time to set up any equipment in the courtroom or if you have any other questions regarding pre-trial matters.
Page 1 | PRE-TRIAL MATTERS
Emailing the Law Clerk for scheduling is permitted.
You are welcome to use e-mail to contact the Law Clerk for scheduling.
Page 1 | E-MAILING/CONTACTING THE COURT
Division 13 permits email contact for scheduling matters.
Division 13 often uses e-mail for scheduling matters.
Page 1 | E-MAILING/CONTACTING THE COURT