Jackson County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Petition
- 1 copy • Upon Filing
Adjournments
- The clerk may grant one written extension of up to 30 days for good cause upon application by the personal representative or the representative's attorney.
- Further continuances and extensions exceeding 30 days must be presented to the Judge, Commissioner, or Deputy Commissioner and granted only for good cause.
- Civil continuance applications must comply with Supreme Court Rule 65, be presented by the Wednesday before trial absent later-arising cause, be filed with Civil Records, and have a copy delivered, emailed, or faxed to the assigned division clerk.
- +22 more
Request must include
- Domestic-relations continuance applications must be filed and served at least five days before the hearing, unless qualifying later-arising cause could not reasonably have been known or discovered.
- State traffic continuance applications must be filed at least five days before the scheduled court date.
- Requirements identified in an auditor's exception letter must be satisfied within 60 days, unless the Judge, Commissioner, or Deputy Commissioner grants an extension.
Communication
Phone
Phone
Phone
Page & Word Limits3 rules
Suggestions supporting or opposing discovery-related motions are limited to five pages.
All suggestions in support of or in opposition to motions relating to discovery requests shall be limited to five (5) pages in length
Suggestions
5 pages
Civil continuance pleadings collectively may not exceed three pages.
Such pleadings shall not exceed three (3) pages collectively.
Application For Continuance
3 pages
A continuance application and related supporting pleadings may not exceed three pages collectively.
Such pleading shall be in writing and shall not exceed three (3) pages collectively;
Continuance Application
3 pages
Document Format Requirements19 rules
Except for exhibits and wills, pleadings and other papers offered for filing must be legible and written in ink, typed, or printed on 8½-by-11-inch paper.
All pleadings and other papers offered for filing, except exhibits and wills, shall be legibly written in ink, typed or printed on paper which is 8 ½ x 11 inches in size.
Non-electronically filed pleadings must be securely fastened at the upper-left corner and may not be bound along either side or at the bottom.
All pleadings not electronically filed shall be securely fastened at the top left corner with a staple or other fastener. Pleadings shall not be bound along either side nor at the bottom.
Paragraphs and pages in all pleadings must be numbered regularly.
In all pleadings, the paragraphs and pages shall be regularly numbered.
Unless the court allows otherwise, all exhibits must be numbered consecutively regardless of the offering party.
Unless otherwise allowed by the court, all exhibits shall be numbered consecutively, irrespective of the party offering the same.
Each sheet, page, or part of an exhibit must be separately numbered unless the court permits otherwise.
each sheet, page or part thereof, shall be separately numbered unless otherwise permitted by the Court
A sealed official court file must be placed in a separate envelope that cannot be opened without destroying the seal, and the envelope may contain only the specified information and opening inscription.
An official court file ordered sealed pursuant to Supreme Court Rule 122.04 and Section 211.213.3 RSMo shall be enclosed within a separate envelop and sealed in such a manner that it cannot be opened without destroying the seal. The only information to be placed upon such envelop shall be the date sealed, the juvenile's name, petition number and life number and the following inscription: TO BE OPENED ONLY BY WRITTEN ORDER OF THE FAMILY COURT ADMINISTRATIVE JUDGE.
When only the filing is protected and the entire case file folder is not sealed, the filing must be secured in an 8½-by-14-inch envelope containing the case caption, protective-order notation, and document description.
If the filing is protected by the order but the entire case file folder is not sealed, the filing shall be secured in an 8 ½" x 14" envelope containing: the caption of the case, a notation of the protective order as stated above, and the nature of the document being filed.
An hourly-compensation application must be prepared in manuscript form and provide specified details about the services, dates, time expended, total hours, and hourly rate.
When hourly compensation is sought in a decedent's estate, the application must be prepared in manuscript form and contain a reasonably detailed description of the nature of all services performed, the date performed, the amount of time expended in connection with the service, the total hours expended and the hourly rate charged.
The Probate Court requires the medical letter's original to be typed.
The Probate Court requires a typed original.
Courtesy copies of an original petition must be marked “Courtesy Copy” pursuant to Rule 33.5.7.
Courtesy copies shall be marked “Courtesy Copy” pursuant to Rule 33.5.7.
The offering party must, whenever possible, mark exhibits for identification before they are used or offered.
Exhibits, whenever possible, shall be marked for identification by the party offering them, before being used or offered
A motion seeking additional interrogatories must be submitted in affidavit form and must recite the parties' efforts to reach agreement.
The motion shall be in affidavit form, and shall recite the effort made to reach agreement on the additional interrogatories.
Each interrogatory answer must be typewritten or printed directly beneath its question, although a lengthy answer may be attached as a clearly identified appendix.
The answer to each interrogatory shall be typewritten or printed directly under the corresponding question. In the event an answer is too lengthy to be placed in the space provided, it may be attached as an appendix and clearly identified.
Search warrants must use Form CIRCT 4009 or a substantially similar form.
Form CIRCT 4009 is the recommended form for use in issuing search warrants. This form or a form substantially similar shall be used in issuing Search Warrants.
All annual accountings must be filed using the settlement forms.
All annual accountings must be filed on the settlement forms.
The statement of account and proposed schedule of distribution must be prepared in a form similar to the Court's Form 10606.
Accounting transactions on the statement of account must follow the settlement format in Sections 22.40, excluding Section 22.40.2, through 22.70.
The accounting transactions on the statement of account must be reflected in the same format as a settlement as set forth in Sections 22.40 (except 22.40.2) through 22.70.
Pleadings are not required to have a backing.
Pleadings need not be backed.
The trust-registration statement may use any form but must include all information required by § 456.029.
The "statement" referred to in § 456.029 need not be in any particular form, but it must contain all information required by that section.
Document Filing Requirements385 rules
When secured estate property is taken or surrendered to satisfy a security agreement, lien, or pledge, written evidence of accounting must be filed with the settlement.
If secured property is taken or surrendered in satisfaction of a security agreement, lien or pledge, any written evidence of an accounting to the conservator must be filed with the settlement.
Document Type
Settlement
The conservator must file a trustee's deed identifying the conveyance date, consideration, and grantee.
The conservator must file a copy of the trustee's deed showing the date of conveyance, the consideration and the name of the grantee.
Document Type
Trustee Deed
The settlement filed next after a foreclosure must contain proof of foreclosure, and the conservator must file the trustee's deed showing the conveyance date, consideration, and grantee.
Proof of foreclosure on property of the estate must be made on the settlement next following the foreclosure. The conservator must file a copy of the trustee's deed showing the date of conveyance, the consideration and the name of the grantee.
Document Type
Settlement
Abandonment, loss, or surrender of estate property must be reported on the settlement filed next after the triggering event.
The abandonment, loss or surrender of property of the estate must be reported on the settlement next following the abandonment, surrender or event resulting in loss.
Document Type
Settlement
Vouchers, receipts, canceled checks, or qualifying financial-institution business records affidavits supporting each settlement disbursement must be e-filed with the settlement.
Vouchers (or copies of receipts or copies of canceled checks with a business records affidavit provided by the financial institution) supporting each disbursement on any settlement must be e- filed with the settlement.
Document Type
Settlement
Errors identified in an auditor's exception letter must be corrected before the settlement can be approved.
The auditor assigned to audit the settlement will issue an exception letter enumerating any errors in the settlement, which must be corrected before the settlement can be approved.
Document Type
Settlement
An altered asset verification is acceptable only if every alteration is initialed by the verifying officer and every page of a multipage verification is signed.
The court will not accept a verification that contains any alterations unless each alteration is initialed by the verifying officer and, if multiple pages, each page must be signed.
Document Type
Verification Of Assets
The verification must be dated as of the settlement's ending date.
The date of the verification must be the ending date of the settlement.
Document Type
Verification Of Assets
Deposit verification totals must match the estate cash balance, and securities verification totals must match the inventory and settlement holdings after any stated changes.
The totals of the verifications of deposit must total the cash balance in the estate as reflected on the settlement. The total of the verifications of securities must total the number of shares of stock, mutual funds or bonds as reflected on the inventory and carried on the settlement, and as changed by any sales, redemptions, reinvestments and stock splits.
Document Type
Verification Of Assets
Deposit and/or securities verifications must be filed with every settlement.
Verification of deposit and/or securities (restricted or unrestricted) must be filed with each settlement.
Document Type
Settlement
An adult support-and-maintenance application must state the average monthly expenses anticipated.
The application must specify average anticipated monthly expenses.
Document Type
Adult Support And Maintenance Application
A parent's claimed financial inability must be supported by specified detailed financial and household information.
Financial inability of the parent must be supported by detailed information with respect to parent's income, monthly expenditures specific to the minor, monthly expenditures of the household, number of family members and ability to gain employment.
Document Type
Minor Support And Maintenance Determination
A ratification application must describe the action or expenditure, state its amount, and explain why it is reasonable and necessary.
The application must detail the nature and amount of the expenditure or action and why it is reasonable and necessary.
Document Type
Application To Ratify Expenditure
A settlement must record the sale or redemption price as a debit and the corresponding inventory value as a credit, thereby deleting the property from inventory.
Upon the sale of personal property or redemption of certificates of deposit or other like instruments, the sale price shall be shown as a debit and the inventory value shall be shown as a credit thus deleting the property sold from the inventory.
Document Type
Settlement
Personal-property sales exceeding the conservator's $1,000 authority must be supported by a court order.
Other sales of personal property must be supported by court order.
Document Type
Court Order
The ending settlement's total debit column must include the beginning balance of assets.
The ending debit column total includes the beginning balance of assets total.
Document Type
Settlement
Reimbursement of funds advanced for an estate must be approved by the court.
If reimbursement is sought of funds advanced, it must be approved by the Court
Document Type
Reimbursement Claim
Each successive settlement's beginning balance must equal the preceding settlement's ending balance.
The beginning balance on each successive settlement must agree with the ending balance on the previous settlement.
Document Type
Settlement
The first settlement's beginning balance must exactly match the inventory balance.
The beginning balance on the first settlement must coincide exactly with the balance on the inventory.
Document Type
Settlement
The ending settlement recapitulation must remove sold property's inventory value from its original category and add the proceeds to cash.
The ending settlement recapitulation must reflect the deletion of the property from its original category by subtracting the inventory value from that category and adding the proceeds derived therefrom to the cash category.
Document Type
Ending Settlement Recapitulation
A request for reimbursement of advanced funds must be supported by proper vouchers.
be supported by proper vouchers.
Document Type
Reimbursement Claim
The item must be recorded as a credit entry on the Settlement.
be reflected as a credit entry on the Settlement
Document Type
Settlement
A settlement's periodic-income entry must state the periodic amount and applicable receipt dates or period and place the total received in the debit column.
The entry in the transaction section of the settlement must set forth the periodic amount and the dates received or the period over which received. The total received must be reflected in the debit column.
Document Type
Settlement
A rental-income summary debit requires an attached agency statement itemizing rents, expenses, and property attribution, while rents managed directly by the conservator must be specifically itemized.
If the estate retains income producing rental properties and the conservator has employed, with court authorization, an agency to manage and collect the rents, a summary entry of rents received may be entered as a debit on the settlement if there is also attached an itemized statement from the agency setting forth all rents collected, expenses incurred and to what property each transaction is attributable. Where the conservator has managed the property and handled the rents, receipts and disbursements must be specifically itemized.
Document Type
Settlement
The conservator must annually file a statement of the protectee's and estate's affairs using a court-provided form.
The conservator must file annually a statement of affairs of the protectee and his or her estate on a form provided by the Court.
Document Type
Annual Statement Of Affairs
Forms 10559, 10559A for the cash ledger, and 10559B for the non-cash ledger are required for an adult protectee whose estate meets Chapter 208 indigency standards and is eligible for public benefits.
2) Settlement form (Forms10559, 10559A (cash ledger), and 10559B (non-cash ledger))
Document Type
Settlement
To place an adult protectee's estate on NFP where all assets are restricted or held in trust with a corporate trustee, the conservator must file the eight listed forms, ledger, account verification, trust instrument, and NFP order.
To place the estate on NFP the conservator must file: 1) Request for Final Court Costs Estimate (Form 10407); 2) Settlement form (Form 10559, 10559A (cash ledger), and 10559B (non-cash ledger)); 3) Petition to Invest Funds in Restricted Account, if not previously restricted (Form 10530); 4) Order to Invest Funds in Restricted Account, if not previously restricted (Form 10531); 5) Verification of Restricted Assets (one for each account) (Form 10532); 6) Copy of trust instrument of which protectee is a beneficiary; 7) Petition for Approval of Settlement and for Order of NFP (Form 10227); and 13 (Rev. 12/2025) ===== PAGE 14 ===== 8) Order of NFP (Form 10228).
Document Type
Request For Nfp
To place the estate on NFP, the conservator must file Form 10407, Forms 10559, 10559A, and 10559B, Form 10334, and Form 10335(a).
To place the estate on NFP the conservator must file: 1) Request for Final Court Cost Estimate (Form 10407); 2) Settlement form (Forms 10559, 10559A (cash ledger), and 10559B (non-cash ledger)); 3) Petition for approval of settlement and for NFP (Form 10334); and 4) Order for NFP (Form 10335(a)).
Document Type
Request For Nfp
File one Verification of Restricted Assets (Form 10532) for each account.
4) Verification of Restricted Assets - one for each account (Form 10532);
Document Type
Verification Of Restricted Assets
The rule lists a Petition for Approval of Settlement and for Order of NFP (Form 10334).
5) Petition for Approval of Settlement and for Order of NFP (Form 10334); and
Document Type
Petition For Approval Of Settlement And Order Of Nfp
During administration, the conservator must file a Form 10530 petition to invest funds in a restricted account if the funds were not previously restricted.
3) Petition to Invest Funds in Restricted Account, if not previously restricted (Form 10530);
Document Type
Petition To Invest Funds In Restricted Account
Immediately after opening, the conservator must file an inventory.
The conservator must file: 1) Inventory;
Document Type
Inventory
The order of NFP must use Form 10335.
6) Order of NFP (Form 10335).
Document Type
Order Of Nfp
The quote lists a Petition for Approval of Settlement and for NFP (Form 10334).
6) Petition for Approval of Settlement and for NFP (Form 10334); and
Document Type
Petition For Approval Of Settlement And Nfp
During administration, the conservator must file a Form 10532 verification of restricted assets for each account.
5) Verification of Restricted Assets - one for each account (Form 10532);
Document Type
Verification Of Restricted Assets
The order to invest funds in a restricted account must use Form 10531.
3) Order to Invest Funds in Restricted Account (Form 10531);
Document Type
Order To Invest Funds In Restricted Account
Immediately after opening, the conservator must file a petition to invest all inventoried funds in a restricted account.
2) Petition to invest Funds in Restricted Account for all funds shown on the inventory.
Document Type
Petition To Invest Funds In Restricted Account
If specified expenditures reduced the estate inventory, a settlement must be filed before the estate may be placed on non-final account probable status.
If any expenditures (other than court costs, bond premiums or attorney fees allowed by court order or by settlement of a claim on behalf of the minor) have been paid from estate funds, thereby reducing the inventory assets, a settlement must be filed before the estate can be placed on NFP.
Document Type
Settlement
The quote identifies Form 10335 as the Order of NFP.
7) Order of NFP (Form 10335).
Document Type
Order Of Nfp
Use Form 10531 to order funds invested in a restricted account if they were not previously restricted.
4) Order to Invest Funds in Restricted Account, if not previously restricted (Form 10531);
Document Type
Order To Invest Funds In Restricted Account
Before approval of a final settlement, proof of payment must be shown for court costs, applicable income taxes, and specified attorney and conservator ad litem fees.
Before any final settlement is approved, proof of payment must be shown for each of the following: 1) Court costs; 2) Missouri Income Tax and Federal Income Tax, if applicable; and 3) Fees of respondent's attorney at the adjudication hearing and fees of conservator ad litem, if any.
Document Type
Final Settlement
The final settlement checklist requires verification that all allowable claims have been paid, withdrawn by the creditor, or otherwise disposed of.
Verify that all allowable claims have been paid, withdrawn by the creditor or otherwise disposed of.
Document Type
Final Settlement
The final settlement checklist requires requesting and completing the final cost form and paying any costs due.
Request and complete final cost form and pay any costs due.
Document Type
Final Settlement
The final settlement checklist requires verification that all administration expenses and taxes have been paid.
Verify that all expenses of administration and taxes have been paid.
Document Type
Final Settlement
All litigation involving the estate, including appeals, must be concluded and copies of all judgments must be filed with the Court.
Conclude all litigation involving the estate, including appeals. Copies of all judgments must be filed with the Court.
Document Type
Final Settlement
The final settlement checklist requires confirmation that all property has been inventoried and accounted for.
Confirm that all property has been inventoried and accounted for.
Document Type
Final Settlement
In dissolution or legal-separation actions, each party must complete and file sworn Forms 1402A and 1402B and serve them on the opposing party within sixty days after service of the petition.
In all actions for Dissolution of Marriage or Legal Separation, a Statement of Marital and Nonmarital Assets and Debts (Form 1402A) and a Statement of Income and Expenses (Form 1402B) shall be completed by each party, executed under oath, filed with the Court and served on the opposing party within sixty (60) days from the date of service of the Petition.
Document Type
Financial Statements
In IV-D cases, written notice must be submitted by Circuit Court Form 1408 or letter to the specified Department of Civil Records contact and must state the circuit case number, identify the case as IV-D, identify the obligor's employer and address, state the arrearage amount, and state the order's entry or modification date.
In IV-D cases, written notice is given to the Department of Civil Records by Circuit Court Form 1408 or letter directed to the Supervisor of the Domestic Relations Financial Section, Department of Civil Records, of the following: (1) 16th Judicial Circuit case number, (2) identification of case as IV-D case, (3) name and address of obligor's employer, (4) amount of arrearage due, and (5) date order entered or modified.
Document Type
Iv D Income Withholding Notice
Filing & Service rules
Electronic Filing Rules
Further continuance applications must be electronically filed with a proposed judgment for ruling by the Judge, Commissioner, or Deputy Commissioner.
Applications for further continuances must be e-filed with a proposed judgment to be ruled upon by the Judge, Commissioner or Deputy Commissioner.
Page 1 | 35.20 Extensions
Any request to extend the 60-day correction period must be e-filed for consideration by the Judge, Commissioner, or Deputy Commissioner.
Any request for an extension must be e-filed for consideration by the Judge, Commissioner or Deputy Commissioner.
Page 4 | 35.90.2 Exception Letter - Errors in Settlement
Settlement disbursement supporting vouchers must be e-filed with the settlement.
Vouchers (or copies of receipts or copies of canceled checks with a business records affidavit provided by the financial institution) supporting each disbursement on any settlement must be e- filed with the settlement.
Page 4 | 35.70 Vouchers (Receipts)
Documents and information needed to clear auditor exceptions and complete an audit must be filed electronically.
Required documents or information necessary to clear exceptions and complete an audit must be e-filed.
Page 5 | 35.90 In General
The final cost calculation form must be e-filed with the Court using the proper form.
The final cost calculation form must be e-filed with the Court on the proper form.
Page 19 | 35.240 Costs - Final Settlement
Self-represented litigants may submit the filing in person, by email, fax, or postal mail.
Self-represented litigants may submit their filing in person, via email, fax, or postal mail.
Page 1 | 8.10.1 Filing
Attorneys should electronically file applications under § 473.090 to refuse letters for a spouse and/or minor children.
Applications for refusal of letters to spouse and/or minor children made pursuant to § 473.090 should be electronically filed by attorneys.
Page 1 | 8.10.1 Filing
When no heirs are known after estate administration begins, the personal representative must prepare and electronically file a proposed publication notice.
The personal representative must prepare the proposed publication notice in compliance with § 473.040 and electronically file it with the court.
Page 5 | 8.40.1 Within a Decedent's Estate
The affidavit of publication, any certified-mail return receipts, and certificates of mailing must be electronically filed no later than seven days before the hearing.
The attorney must electronically file the affidavit of publication and any certified mail return receipts (of notices sent by certified mail) and certificates of mailing no later than seven days prior to the date of the hearing.
Page 5 | 8.40.2 Where No Administration Commenced Within One Year
Criminal continuance applications must be filed electronically unless filed pro se.
Unless filed pro se, applications shall be filed electronically.
Page 71 | 34.4 Criminal Cases
Attorney-filed state traffic continuance applications must be filed electronically.
All applications for continuance of state traffic cases filed by an attorney shall be eFiled.
Page 72 | 34.5 State Traffic Cases
The State may dismiss a criminal cause only by electronically filing a written dismissal signed by the prosecuting attorney or assistant.
A criminal cause may be dismissed by the State only by electronic filing of a written dismissal signed by the Prosecuting Attorney or his or her assistant.
Page 78 | 37.6 Dismissal of Criminal Cases by State
Self-represented parties must file original pleadings and documents with the probate clerk, except Missouri-licensed attorneys subject to the Missouri Electronic Filing System rules.
Self-represented parties, except those who are attorneys licensed to practice in the State of Missouri and subject to the Missouri Electronic Filing System rules, shall file all original pleadings and documents with the clerk of the probate division.
Page 142 | Rule 72.3 Filing of Pleadings
An amended motion selected for facsimile filing must be sent to the fax number specified for the assigned division.
(b) Facsimile numbers for each division will be published. Amended motions must be faxed to the number specified for the division to which the case is assigned.
Page 151 | 84.4 Amended Motions for Postconviction Relief - Authorized Filing By Facsimile Transmission
Vouchers must be filed electronically and must not be submitted physically in paper form.
Vouchers shall be electronically filed with the court – do not physically submit vouchers in paper form.
Page 1 | 26.10 Decedents' Estates With Assets
Filings must be submitted through the electronic filing system.
Filings must be made through the electronic filing system, pursuant to Supreme Court Rule 103 and Local Court Rule 72.3.
Page 1 | Section 26 - Forms - Closing Supervised Estates
An application for the single permitted inventory-filing extension must be filed electronically.
One extension of time, of not more than 30 days, for the filing of the inventory may be granted upon electronic filing of an application.
Page 1 | 14.10 Time for Filing
Judicial-closing vouchers must be filed electronically and not submitted in paper form.
Vouchers shall be electronically filed with the court – do not physically submit vouchers in paper form.
Page 1 | 27.10 Judicial Closing – Section 473.837, RSMo
All filings in these estate-closing matters must be made through the electronic filing system.
Filings must be made through the electronic filing system, pursuant to Supreme Court Rule 103 and Local Court Rule 72.3.
Page 1 | Section 27 - Forms - Closing Independent Estates
A petition to dispense with conservatorship must be electronically filed when the minor's estate is not derived from a decedent's estate.
Where the minor's estate is derived other than from a decedent's estate, the petition to dispense with conservatorship must be electronically filed.
Page 3 | 38.30 Dispensing with Conservatorship
Pleadings and documents submitted under an auditor's exception letter must be filed electronically and directed to the issuing auditor.
All pleadings or documents submitted in compliance with an auditor's exception letter shall be filed electronically and directed to the attention of the auditor issuing the exception letter.
Page 3 | 6.50 Filing Pleadings
Attorneys must submit all filings electronically under Administrative Order No. 2013-108.
Attorneys are required to submit all filings electronically pursuant to Administrative Order No. 2013-108.
Page 3 | 6.50 Filing Pleadings
Proof of service must be filed electronically by the deadline seven days before the hearing.
Proof of service shall be e-filed no later than seven (7) days prior to the hearing.
Page 2 | 33.40.2 Procedure, Practice Tip
The Request for Final Court Costs Estimate form must be electronically filed at least two weeks before the final settlement.
At least two weeks before final settlement is filed, a “Request for Final Court Costs Estimate” form must be electronically filed.
Page 5 | 5.40.1 Completion of Form and to Whom Submitted
The attorney must electronically file the properly executed return of commission with the court.
The attorney is responsible for electronically filing the properly executed return of commission with the Court.
Page 2 | 9.20.4 Commissions
Applications for letters of administration or letters testamentary must be electronically filed with the Probate Division and designated for administration in Kansas City or Independence, according to where the estate will be administered.
All applications for letters of administration or letters testamentary in estates to be administered in Kansas City should be electronically filed with the Probate Division and designated for administration for Kansas City. All applications for letters of administration or letters testamentary in estates to be administered in Independence should be electronically filed with the Probate Division and designated for administration in Independence (See § 478.473).
Page 1 | 10.10 Applications, Where Filed
Filing Timing and Cure Windows
A settlement is due on the anniversary date of the issuance of letters.
Settlements are due on the anniversary date of issuance of letters.
Page 1 | 35.10.1 Notice to File
If a settlement is not timely filed, the court will issue a continuance giving two weeks to file before an order for citation may issue.
Failure to timely file a settlement will result in the issuance of a continuance stating that unless the settlement is filed within two weeks, an order for citation will issue to show cause why the conservator should not be removed.
Page 2 | 35.30 Failure to File Settlement
The settlement filed next following abandonment, surrender, or loss must report the event.
The abandonment, loss or surrender of property of the estate must be reported on the settlement next following the abandonment, surrender or event resulting in loss.
Page 3 | 35.60.2 Personal Property
Proof of foreclosure must be reported on the settlement filed immediately after the foreclosure.
Proof of foreclosure on property of the estate must be made on the settlement next following the foreclosure.
Page 3 | 35.60.1 Real Property
The auditor's exception letter allows 60 days to satisfy the stated requirements.
The exception letter grants 60 days within which to satisfy the requirements.
Page 4 | 35.90.2 Exception Letter - Errors in Settlement
Any event terminating non-final account probable status must be reported to the court immediately.
Any of these events must be immediately reported to the Court.
Page 16 | 35.180.5 Termination of NFP
A conservator must file the final settlement within 60 days after termination of authority unless the court fixes an earlier deadline.
Conservators must make final settlement within sixty (60) days of the termination of their authority. Section 475.083 lists various situations under which the authority of the conservator terminates. An earlier date may be fixed by the Court.
Page 18 | 35.220 Final Settlement
An application for refusal of letters to creditors generally must be filed within one year after the decedent's death, subject to limited exceptions.
The application must be filed within one year from the date of death of the decedent, with limited exceptions.
Page 3 | 8.20 Application for Refusal of Letters to Creditors
The last will and testament underlying a small-estate affidavit must be presented for admission within one year after the testator's death.
The last will and testament must be presented for admission within one year of the date of death of the testator.
Page 3 | 8.30.1 Affidavit - When Filed
The required publication documents must be filed electronically at least seven days before the hearing.
The attorney must electronically file the affidavit of publication and any certified mail return receipts (of notices sent by certified mail) and certificates of mailing no later than seven days prior to the date of the hearing.
Page 5 | 8.40.2 Where No Administration Commenced Within One Year
Published notice alone does not bar claims of creditors known or reasonably ascertainable by the personal representative.
Published notice alone is not sufficient to bar creditors of the decedent who are known or reasonably ascertainable by the personal representative.
Page 1 | 28.20 Time for Filing
Claims not filed in the Probate Division or paid by the personal representative within six months after first publication of notice of issuance of letters are forever barred.
Generally, § 473.360 provides that all claims which are not filed in the Probate Division or paid by the personal representative within six months from the date of first publication of the notice of issuance of letters are forever barred.
Page 1 | 28.20 Time for Filing
Except for statutory exceptions, a claim not filed and served on the personal representative or paid within one year after death becomes unenforceable and is forever barred; this one-year period is self-executing and is not extended by the six-month period.
Under § 473.444, all claims other than those excepted by § 473.444.1, which are not filed in the Probate Division and served upon the personal representative or paid by the personal representative, shall become unenforceable and be forever barred one year following the date of the decedent’s death. The one-year limitation period of § 473.444 is self-executing and does not require any action by the personal representative or the probate court. The limitation period described in §473.360 does not extend the one-year statute of limitations imposed by § 473.444.
Page 1 | 28.20 Time for Filing
The six-month claim period may be extended by up to two months from the date notice is mailed or served on the creditor.
The six-month period can be extended by up to two months from the date the notice described in § 473.033 was mailed or served by the personal representative upon the creditor.
Page 1 | 28.20 Time for Filing
Notice of a lawsuit pending at or commenced after the decedent's death must be filed within the time specified in § 473.360.
The notice must be filed within the time specified in § 473.360.
Page 2 | 28.40 Lawsuits Pending At or Commenced After Decedent's Death
A claim based on a judgment or decree must be timely filed, and filing a copy of the judgment or decree in the Probate Division may satisfy that requirement.
A person having a claim against an estate as a result of a judgment or decree must file their claim within the time specified in § 473.360. This may be accomplished by filing a copy of the judgment or decree in the Probate Division within that time.
Page 2 | 28.50 Judgments as Claims
A personal representative's personal claim against the estate must be timely filed as a claim.
The personal claim of a personal representative must timely be filed as a claim against the estate.
Page 7 | 28.140 Personal Representative as Claimant
Except in insolvent estates, all claims against the estate must be disposed of before final settlement is approved; the auditor will issue an exception for any undisposed claim.
Except in insolvent estates, before final settlement will be approved, the file must evidence disposition of all claims against the estate. If a claim has not been disposed of, the auditor will issue an exception requiring some final disposition. Claims must be disposed of before the final settlement will be approved.
Page 8 | 28.150 Disposition of Claims
The Civil and Criminal Records Departments and Probate Division will not accept paper pleadings, motions, or other papers unless the rule has been fully complied with.
The Departments of Civil and Criminal Records, as well as the Probate Division, shall not receive for filing any paper pleadings, motions or other papers unless there has been full compliance with this rule.
Page 18 | Rule 3 Pleadings — 3.2 Style
Facsimile or electronically transmitted pleadings, orders, or documents received after 4:30 p.m. are deemed filed on the following business day unless handled under emergency filing procedures.
Any pleadings, orders or documents, sent via facsimile or electronic transmission, which are received after 4:30 p.m. will be deemed received and filed on the following business day, except pleadings, orders or documents received by the court or issued in accordance with emergency filing procedures.
Page 24 | 4.8 Electronic and Facsimile Transmission Filing of Adult Abuse & Child Protection Orders
A Chapter 455 pleading is deemed filed when the clerk accepts its last page, but it is not deemed filed if it is not received or is illegible.
Chapter 455 RSMo facsimile or electronically transmitted pleadings shall be deemed filed on the date and at the time the last page of the document is accepted at the office of the clerk. If a document is not received or if it is illegible, it is not deemed filed.
Page 24 | 4.8 Electronic and Facsimile Transmission Filing of Adult Abuse & Child Protection Orders
A criminal defendant challenging venue must file a written change-of-venue application within 10 days after the initial plea.
Any party challenging venue pursuant to Section 478.462 on the ground that the case has been filed in the wrong portion of the circuit must file a written application for change of venue within ten (10) days after the initial plea is entered.
Page 40 | 6.9 Transfer and Reassignment of Criminal Cases
Failure to file a timely criminal change-of-venue application waives any allegation of improper venue.
Failure to make a timely application hereunder shall waive any allegation of improper venue.
Page 40 | 6.9 Transfer and Reassignment of Criminal Cases
A party challenging the venue of a reassigned criminal case must file a written change-of-venue application within 10 days of reassignment.
If, after the case is filed in the correct portion of the circuit, the case is reassigned to the wrong portion of the circuit, a written application for change of venue must be filed within ten (10) days of the reassignment.
Page 40 | 6.9 Transfer and Reassignment of Criminal Cases
A party challenging the venue of a reassigned civil case must file a written change-of-venue application within 10 days of reassignment or waive the venue allegation.
Any party challenging venue pursuant to Section 478.462 on the ground that the case was reassigned to the wrong portion of the circuit must do so by filing a written application for change of venue within ten (10) days of the reassignment. Failure to file a timely application hereunder shall waive any allegation of improper venue.
Page 40 | 6.8 Transfer and Reassignment of Civil Cases
Within 60 days after notice approving the final settlement and distribution order, the personal representative must distribute the estate assets and file receipts and a proposed discharge order.
Within 60 days after the date of notice of approval of final settlement and order of distribution, the personal representative shall make distribution of the assets of the estate and file with the Court receipts and a proposed order of discharge.
Page 7 | 24.50 Final Distribution
Service and Proof of Service Rules
For the specified VA-benefit estates, a support-and-maintenance order requires notice to the Veterans Administration unless the agency has waived hearing notice.
In any estate, in which the protectee is receiving VA benefits, if the original petition for appointment of a guardian was filed on or before December 31, 1980, no order for support and maintenance, will be entered unless notice of hearing thereon has been given to the Veterans Administration in accordance with §§ 475.380 through 475.480 or unless a waiver of notice of hearing has been obtained from the Veterans Administration.
Page 6 | 35.110 Support and Maintenance
Notice of filing the final settlement must be published and mailed unless waivers have been obtained, and this requirement does not apply to minors' estates.
Publish and mail notice of filing final settlement unless waivers have been obtained. (Not applicable to minors' estates.)
Page 20 | 35.280 Check List of Requirements to be Satisfied Prior to Filing Final Settlement
If the property exceeds $15,000 and less than one year has elapsed since the decedent's death, notice to creditors must be published.
When the value of the property exceeds $15,000.00 and one year from the date of death of the decedent has not expired, a notice to creditors must be published.
Page 4 | 8.30.3 Published Notice - When
The attorney must deliver the publication notice and payment for publication to the appropriate legal publication service.
The attorney is responsible for delivering the publication notice, along with payment for said publication, to the appropriate legal publication.
Page 5 | 8.40.2 Where No Administration Commenced Within One Year
The personal representative must give known or reasonably ascertainable creditors actual notice of letters issuance and the claim-filing deadline.
It is the responsibility of the personal representative to provide actual notice of the issuance of letters and the time within which to file claims to all known or reasonably ascertainable creditors.
Page 1 | 28.20 Time for Filing
A notified creditor must file the claim in the Probate Division and serve a copy on the personal representative before the non-claim period expires.
Once notified, the creditor must file their claim in the Probate Division and serve a copy on the personal representative before the expiration of the non-claim period.
Page 1 | 28.20 Time for Filing
A petition requiring specific judicial approval must be set for hearing with notice to interested persons.
If a petition must be filed it must be set for hearing with notice to interested persons.
Page 5 | 28.110 Payment of Claims
When filing the application, the personal representative must request a hearing and ensure that notice of the hearing is served on all creditors and/or distributees of the estate.
At the time of filing the application, the personal representative shall also request a hearing on said application, and cause notice of the hearing on the application to be served upon all creditors and/or distributees of the estate, as the Court may direct.
Page 7
Every withdrawal pleading and termination of limited appearance must include the client’s full address and be served on the client in addition to all other required recipients.
Any “Memorandum of Withdrawal” and “Termination of Limited Appearance” shall include the full address of the client and shall be served on the client in addition to all others required to be served.
Page 51 | 21.4 Withdrawal of Attorney
Absent the client’s written consent, the withdrawal motion must be served with hearing details, and withdrawal cannot occur until the client receives written notice and has reasonable time to retain or obtain another attorney.
If the motion does not contain the written consent of the client, it must be served on the client along with a notice that there will be a hearing on the motion, and the date, time and place of such hearing. No attorney will be permitted to withdraw unless the client has been given written notification of the motion to withdraw and has been granted reasonable time to retain or have another attorney appointed.
Page 51 | 21.4 Withdrawal of Attorney
When the client cannot be located, the attorney may serve the required notice by mail to the client’s last address on file with the court and any additional address provided to the attorney; withdrawal remains subject to Rule 21.4.4.
Under such circumstances the attorney may serve the notice required by Rule Local Court Rules – Page 36 ===== PAGE 52 ===== 21.4.2 by mailing a copy of the notice to the last address the client provided to the Court and any additional address provided by the client to the attorney. The Court may grant leave to withdraw subject to the provisions of Rule 21.4.4.
Page 52 | 21.4 Withdrawal of Attorney
In vehicular negligence, personal injury, or property damage cases, the answered standard interrogatories must be served on the opposing party within 30 days after the request.
the answered interrogatories shall be served on the opposing party within thirty (30) days from the date of the request
Page 60 | 32.2.1 Standard Discovery Interrogatories for Use in Vehicular Negligence, Personal Injury or Property Damage Case Only (Including Forms Circt 801 and 802)
The original interrogatories must be served on adverse counsel and ordinarily may not be filed with the Court except as Rule 32.6 provides.
The original interrogatories shall be served upon adverse counsel. Interrogatories are not to be filed with the Court except as provided by Rule 32.6.
Page 61 | 32.2.2 Interrogatories
The adverse party must prepare an affidavit signed by the appropriate party, attach it as the last page of the interrogatories, and mail a copy to each party.
The adverse party shall prepare an affidavit to be signed by the appropriate party and attach it as the last page of the interrogatories, mailing a copy to each party.
Page 61 | 32.2.2 Interrogatories
The covered discovery documents must be served on opposing counsel or parties as required by the Supreme Court Rules, and a certificate of service must be filed with the Court.
The foregoing shall be served upon opposing counsel and/or parties as required by Supreme Court Rules and a certificate of such service shall be filed with the Court.
Page 66 | 32.6 Retention of Discovery Documents
Juvenile continuance applications must be filed and served by noon on the Wednesday before the hearing, subject to the stated diligence exception.
Applications shall be filed and served no later than 12:00 Noon on the Wednesday of the week preceding the hearing date, except for cause arising thereafter which could not have been known or discovered in the exercise of reasonable diligence.
Page 71 | 34.3
Criminal continuance applications must be filed and served by 3:30 p.m. on the Wednesday before trial, subject to the stated diligence exception.
Applications shall be filed and served no later than 3:30 p.m. on the Wednesday before the trial date, except those filed for cause arising thereafter which could not have been known or discovered in the exercise of reasonable diligence.
Page 72 | 34.4 Criminal Cases
The Court Administrator must deliver the hardship application and referenced exhibits to the Prosecuting Attorney and agency counsel, and proof of delivery must be filed.
A copy of the application and exhibits mentioned in paragraph (1) above shall be delivered by the Court Administrator to the Prosecuting Attorney, the attorney of record for said agency, and proof of such delivery shall be filed in the cause.
Page 88 | Rule 62.1 Applications for Hardship Driving Privileges
A copy must be served on the Missouri Director of Revenue by certified mail, return receipt requested, and the returned receipt must be filed.
A copy shall also be served upon the Missouri Director of Revenue, by certified mail, return receipt requested, and the returned certified mail receipt filed in the cause.
Page 88 | Rule 62.1 Applications for Hardship Driving Privileges
A non-SR22 stay application must include a notice of hearing and be served on the Prosecuting Attorney at least 3 days before the stay hearing.
Any other application for a stay of the suspension must be accompanied by a notice of hearing on such stay and served on the Prosecuting Attorney not less than three (3) days prior to said hearing.
Page 89 | 62.2 Petition for Review
A party requesting a stay of the Director's order will file a stay application with the petition and serve it as above.
If a stay of the Director's order is requested, an application for stay will be filed with the petition and service as above.
Page 89 | 62.2 Petition for Review
The Director must be a party, and service must comply with Supreme Court Rule 100.01.
The Director must be a party and service must be made as per Supreme Court Rule 100.01 (Chapter 536, RSMo).
Page 89 | 62.2 Petition for Review
The Court Administrator must deliver a copy of the petition to the Prosecuting Attorney.
The Court Administrator will deliver a copy of the petition to the Prosecuting Attorney.
Page 90 | 62.3 Application for Hearing Under Section 577.041 RSMo for Refusal to Submit to Chemical Test
The division clerk must send an attested copy of each final order to the Director of Revenue.
An attested copy of final orders must be sent to the Director of Revenue by the division clerk.
Page 90 | 62.3 Application for Hearing Under Section 577.041 RSMo for Refusal to Submit to Chemical Test
For opposed motions in criminal cases, suggestions must be filed and served within ten days after the motion is filed.
2. If opposed, suggestions must be filed and served within ten (10) days of the date the motion was filed.
Page 97 | 67.7 Motions in Criminal Cases
Motions must include certification that a copy was served on the Jackson County Prosecuting Attorney, and the court will not rule until the certification is provided.
Such motions shall contain a certification that a copy has been served upon the Office of the Prosecuting Attorney for Jackson County, Missouri. Motions pursuant to Section 558.046, RSMo, as amended, will not be ruled until such certification has been provided to the court.
Page 99
Filing Fees and Waivers
The costs of a show cause order may not be paid from estate assets.
The costs of the show cause may not be paid with estate assets.
Page 5 | 35.90.3 Show Cause Orders
Payment of the show cause order's costs is required for dismissal after the exception letter is cleared.
The order will be dismissed when the exception letter is cleared and the costs of the show cause order are paid.
Page 5 | 35.90.3 Show Cause Orders
Outstanding court costs and previously allowed fees must be paid before the court enters an order placing an estate on no further process.
Outstanding court costs and all fees previously allowed by the Court must be paid before the order of NFP will be entered.
Page 12 | 35.180.2 Requirements
Annual court costs must be paid when or before the annual settlement is filed and recorded as a credit before the court approves the settlement.
Costs must be paid on the date of, or prior to, the filing of annual settlement and reflected as a credit entry on the settlement before the settlement will be approved.
Page 18 | 35.210 Payment of Costs
Court costs must be paid on or before filing the final settlement, shown as a credit entry, and paid before settlement approval.
If the final cost calculation form evidences costs due to the Court, the costs must be paid on the date of, or prior to, the filing of final settlement and reflected as a credit entry on the settlement, before the settlement will be approved.
Page 19 | 35.240 Costs - Final Settlement
Filing fees and cost deposits are set by schedules approved by the Presiding Judge, published on the Court’s website, and deposited when proceedings are instituted or requested.
Filing fees and cost deposits shall be set by schedules approved by the Presiding Judge. The schedules shall be published on the Court’s website. Filing fees and cost deposits shall be deposited at the time proceedings are instituted or requested.
Page 27 | Rule 5 Fees & Costs — 5.1 Filing Fees and Cost Deposits
A confined applicant seeking in forma pauperis status in a civil proceeding must submit the required motion and affidavit, except for specified Supreme Court proceedings and habeas corpus proceedings.
All applications to proceed in forma pauperis in a civil proceeding, involving an applicant who is confined, with the exception of those filed in connection with Supreme Court Rules 24.035 and 29.15 proceedings and habeas corpus proceedings, shall be accompanied by a Motion and Affidavit in Support of Request to Proceed As a Poor Person.
Page 27 | Rule 5 Fees & Costs — 5.4 Waiver of Deposit for Fees and Costs
The Department of Civil Records will not process a cause for further action until the required fee and cost deposit has been paid.
The Department of Civil Records shall receive, but shall not process for further action, any cause until a deposit for fees and costs has been paid, as required by these rules.
Page 28 | Rule 5 Fees & Costs — 5.6 Collection of Deposits
A plaintiff or movant seeking transfer from an associate division to a circuit division must deposit an additional filing fee equal to the current circuit-court filing fee minus fees already deposited.
In a motion or request to transfer a civil action from an associate division of the circuit court to a circuit division by any plaintiff(s), movant(s) must deposit with the Court Administrator an additional filing fee in an amount equal to the current filing fees for circuit court actions, minus any filing fees previously deposited on such case.
Page 40 | 6.8 Transfer and Reassignment of Civil Cases
The post-guilty-verdict notice of appeal must be accompanied by the appropriate filing fee or a poor-person order before the attorney may receive leave to withdraw.
When an attorney seeks leave to withdraw after a verdict of guilty in a criminal case, such leave shall not be granted until the attorney handling the trial has filed the motion for new trial (or other appropriate after-trial motion), and has filed the notice of appeal (accompanied by the appropriate filing fee or poor person order).
Page 52 | 21.4 Withdrawal of Attorney
The listed driving-privilege applications and petitions require the regular filing fee but no bond or extra deposit fee.
Applications for driving privileges based upon hardship, hearings on refusal to submit to chemical test, petitions for review of director's order suspending or revoking license for excessive points and petitions for review under Safety Responsibility Act will require the payment of the regular filing fee. No bond or extra deposit fee will be required on any of the foregoing applications or petitions.
Page 89 | 62.1.1 Applications for Driving Privileges - Generally
In a pre-judgment dissolution case requiring a paternity determination, a separate paternity case must be filed without a filing fee.
Due to issues of confidentiality, in any pre-judgment dissolution case in which paternity of one or more children must be established, a separate case shall be filed to establish paternity with no filing fee required.
Page 102 | 68.1 Filing Requirements - Family Court Proceedings
A certified-mailing fee deposit must be paid before mailing a notice of income withholding to an employer, except for cases brought by the Missouri Division of Child Support Enforcement or an attorney bringing an action pursuant to its referral.
The fee deposit required for certified mailing, set forth in Circuit Court Rule 5.1, must be paid prior to the mailing of a notice of income withholding to the employer, except in those cases brought by the Missouri division of child support enforcement, or any attorney bringing action pursuant to a referral by the Missouri division of child support enforcement.
Page 109 | 68.9
Court costs may not be assessed against indigent defendants.
Court costs shall not be assessed against indigent defendants. Section 479.353.4-5 RSMo.
Page 126 | Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
Municipal ordinance violation fines and costs are capped by the mandatory statutory schedule, while other ordinance violations are capped by the maximum authorized by state law or city codes.
Fines and costs assessed on “municipal ordinance violations” as defined in Section 479.350.4 RSMo shall not exceed the mandatory maximum schedule of Section 479.353.1(b) RSMo. Other ordinance violations shall not exceed the maximum amount authorized by state law and/or city codes.
Page 126 | Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
Only court costs authorized by statute, including fees, miscellaneous charges, and surcharges, may be assessed.
Only court costs authorized by statute—including fees, miscellaneous charges, and surcharges as defined in Section 488.010 RSMo—shall be assessed.
Page 126 | Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
No fee may be assessed to a defendant for using community service.
No fee shall be assessed to the defendant for the use of community service in compliance with the requirements of Section 479.360.1 RSMo.
Page 126 | Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
Fines and costs for minor traffic violations may not exceed $225.00.
Fines and costs assessed on minor traffic violations (MTV) as set forth in Section 479.353.1(a) RSMo shall not exceed $225.00.
Page 126 | Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
A defendant applying for trial de novo without depositing the fee must complete and file the Supreme Court form Statement of Financial Condition.
When an application for trial de novo is made without the deposit of the trial de novo fee, the defendant shall also complete and file a Statement of Financial Condition in the form provided by the Missouri Supreme Court in Model Local Rule 69.01.
Page 128 | Rule 37.65
A defendant filing an application for trial de novo must deposit a $30.00 fee with the municipal division.
If a defendant files an application for trial de novo, the fee for trial de novo shall be $30.00 and shall be deposited with the municipal division.
Page 128 | Rule 37.65
A trial de novo application must be filed with the court-set appropriate bond and the statutorily required additional fee.
Such application shall be filed together with appropriate bond set by the court and the "additional fee" required by section 479.260(5), section 485.120, RSMo 1986 and 16th Circuit Court Rule 5.1.
Page 138 | 69.8 Trial De Novo — 8.1 - APPLICATIONS
Circuit trial de novo fees and costs are due when the application is filed, but the trial judge may waive them upon a finding of indigence.
Circuit trial de novo fees and costs shall be collected upon the filing of an application for trial de novo unless waived by the trial judge upon a finding of indigence, pursuant to section 485.120, section 479.260(5) RSMo 1986, and 16th Circuit Rule 5.1.
Page 140 | 8.4 - TRIAL DE NOVO - FEES
A filing fee is required in the conservatorship estate.
There will be a filing fee in the conservatorship estate.
Page 13 | 29.120.1 In General
A petition to dispense with conservatorship for an estate derived from a decedent's estate should be filed in the decedent's estate and requires no filing fee.
When the minor's estate is derived from a decedent's estate, the petition to dispense with conservatorship should be filed in the decedent's estate. No filing fee is required.
Page 3 | 38.30 Dispensing with Conservatorship
A filing fee is charged for a petition to dispense with conservatorship when the minor's estate is derived other than from a decedent's estate.
A filing fee will be charged.
Page 3 | 38.30 Dispensing with Conservatorship
Payment of a filing fee is required before a trust file is opened after the statement is filed.
Upon the filing of the statement and the payment of a filing fee, a file will be opened in the name of the trust.
Page 1 | 41.30 Trust Registration
Courtesy Copy Requirements
An original civil petition filed before a Circuit Judge must be accompanied by one additional copy beyond the copies required by Rule 3.3.1, but this requirement does not apply to original petitions filed in Associate Circuit Divisions.
All original civil petitions filed before a Circuit Judge shall be accompanied by one (1) copy of the petition in addition to the number of copies required by Rule 3.3.1. This provision shall not apply to original petitions filed in Associate Circuit Divisions.
Page 19 | 3.3 Filing of Duplicate Pleadings
Sealing & Redaction Procedures
Records pertaining to search-warrant applications, affidavits, and issued search warrants must remain closed until a return is made.
All Court records pertaining to Applications/Affidavits for Search Warrants and Search Warrant issued pursuant thereto shall be maintained as closed records unless and until a return is made thereon.
Page 94 | 67.0.5 Search Warrants
A filed Video Testimony Information form is unavailable to the public unless the court orders public access.
Video Testimony Information forms filed with the Court shall not be available to the public absent an order from the Court.
Page 82 | Rule 55 Victim Testimony by Video Conference-Civil Cases — 55.1 Victim Testimony by Video Conference-Civil Cases and Forms
Filing Bundling Requirements
Except for motions for new trial, a motion must be served and filed simultaneously with brief written supporting suggestions, the authorities relied upon, and supporting affidavits to be considered.
A party filing any motion, except motions for new trial, shall serve and file at the same time brief written suggestions in support thereof together with authorities relied upon and any affidavits to be considered in support of the motion.
Page 66 | 33.5 Motions, How Filed and Considered
The receipt of the personal representative and the order of discharge may be filed together with the final settlement.
7) Receipt of personal representative (adapt Form 10332) *** 8) Order of Discharge (Form 10333) *** *** May be filed with the final settlement.
Page 3 | 37.50 Death of Protectee - With Assets - § 475.320.2.
The proposed judgment should be submitted together with the application rather than as a separate filing.
Practice Tip: A proposed judgment should be e-filed with such application.
Page 4 | 33.90 Insolvent Estates
Adjournment & Extension Requirements
Civil continuance applications must comply with Supreme Court Rule 65, be presented by the Wednesday before trial absent later-arising cause, be filed with Civil Records, and have a copy delivered, emailed, or faxed to the assigned division clerk.
All applications for continuance in civil cases shall conform to Supreme Court Rule 65 and be presented to the court no later than the Wednesday before the trial date except for causes arising thereafter. Applications for continuances shall be filed with the Department of Civil Records (as provided in Local Rule 3.4). In addition, a copy shall be hand-delivered, emailed or faxed by the applicant to the clerk of the division assigned to the docket on which the case is pending.
Page 69 | Rule 34.1 Civil Cases
Civil continuance applications must state the initial filing date, all prior continuance requests and the persons on whose behalf they were made, and the nature of the causes of action.
All applications shall contain the following information: (a) the date the case was initially filed with the Court, (b) the number of prior continuances requested, and on whose behalf the request(s) were filed, and (c) the nature of the cause(s) of action.
Page 69 | Rule 34.1 Civil Cases
Domestic-relations continuance applications must be written, show good cause, be filed with Civil Records, and state the matter's initial filing date, proceeding type, and prior continuance requests and beneficiaries.
Applications for continuances in all cases involving domestic relations shall be filed with the Department of Civil Records as provided in Local Rule 34.1 and shall also comply with the following: a. Applications shall be in writing and shall show good cause for granting a continuance. All applications shall contain the following information: (1) The date the matter under consideration was initially filed; (2) The nature of the proceeding i.e. petition for dissolution, motion to modify, motion for contempt, etc.; Local Court Rules – Page 54 ===== PAGE 70 ===== (3) The number of prior continuances requested, and on whose behalf the request(s) were filed.
Page 69 | 34.2 Applications for Continuances-Domestic Relations
Juvenile Division continuance applications must be in writing and show good cause for granting the continuance.
Applications for continuances and rulings thereon in all cases before the Juvenile Division shall comply with the following: a. Applications shall be in writing and shall show good cause for granting a continuance.
Page 70 | 34.3 Application for Continuance - Juvenile Division
Domestic-relations continuance applications must be filed and served at least five days before the hearing, unless qualifying later-arising cause could not reasonably have been known or discovered.
Applications shall be filed and served no later than five (5) days prior to the hearing date, except for cause arising thereafter which could not have been known or discovered in the exercise of reasonable diligence.
Page 70 | 34.2 Applications for Continuances-Domestic Relations
State traffic continuance applications must be filed at least five days before the scheduled court date.
All applications for a continuance of state traffic cases shall be filed at least five (5) days prior to the scheduled court date.
Page 72 | 34.5 State Traffic Cases
Unless filing pro se, applicants must file electronically and submit a written motion showing good cause with an affidavit stating the supporting facts.
Unless filed pro se, applications shall be filed electronically. All such applications shall be made by filing a written motion showing good cause for granting the continuance, accompanied by the affidavit of the applicant or some other credible person, setting forth the facts upon which the application is based.
Page 73 | Rule 34.6 Municipal Trials de Novo
Trial de novo continuance applications generally must be filed and served by 3:30 p.m. on the Wednesday before trial, unless the cause arose afterward and could not reasonably have been known or discovered.
Applications shall be filed and served no later than 3:30 p.m. on the Wednesday before the trial date, except those filed for cause arising thereafter, which could not have been known or discovered in the exercise of reasonable diligence.
Page 74 | Rule 34.6 Municipal Trials de Novo
Every trial de novo continuance application must identify the trial week, original filing date, prior continuances and requesting party, nature of the charges, and whether opposing counsel agrees.
All applications shall contain the following information: (i) the week the case is set for trial, (ii) the date the request for the trial de novo was initially filed with the Court, (iii) the number of prior continuances requested, and on whose behalf the request(s) were filed, (iv) the nature of the charge(s), and (v) whether or not agreed to by opposing counsel.
Page 74 | Rule 34.6 Municipal Trials de Novo
The clerk may grant one extension of at most 30 days; further or longer extensions must be presented to the Judge, Commissioner, or Deputy Commissioner.
The clerk has authority to grant one extension not to exceed 30 days. Applications for further extensions or for more than 30 days will be presented to the Judge, Commissioner or Deputy Commissioner.
Page 1 | 22.20 Extensions
A personal representative and attorney must appear at a citation hearing unless the hearing is continued.
If a citation issues, the personal representative and his/her attorney must appear at the hearing unless it is continued.
Page 1 | 22.30.1 Citation
An extension will not be granted solely to preserve publication, and the estate should be ready for closure before publication.
While a continuance is necessary to preserve publication, an extension will not be granted solely for that purpose. The estate should be in a condition to be closed prior to publication.
Page 1 | 22.20 Extensions
A settlement extension requires good cause and a written application with a proposed order filed by the personal representative or attorney.
Extensions of time to file settlement will only be granted on a showing of good cause upon filing a written application and proposed order of the personal representative or his/her attorney.
Page 1 | 22.20 Extensions
Requirements identified in an auditor's exception letter must be satisfied within 60 days, unless the Judge, Commissioner, or Deputy Commissioner grants an extension.
The exception letter grants 60 days within which to satisfy the requirements. The Judge, Commissioner, or Deputy Commissioner may grant additional extensions.
Page 4 | 22.80.2 Exception Letter - Errors in Settlement
A one-time extension not exceeding 30 days may be granted by the Settlement Clerk on a showing of good cause through a written application by the conservator or attorney.
Extensions of the time to file will only be granted on a showing of good cause. The Settlement Clerk has authority to grant one extension not to exceed 30 days upon written application of the conservator or his or her attorney.
Page 1 | 35.20 Extensions
The request must state how many prior continuances were requested and on whose behalf they were filed.
the number of prior continuances requested, and on whose behalf the request(s) were filed
Page 71 | 34.3
A party may request an extension of time to waive mediation, select a mediator, or comply with the mediation rule by showing good cause.
A party may, for good cause shown, file a motion to extend the time to waive mediation, select their own mediator or extend the time for compliance with this rule.
Page 111 | Court-Ordered Mediation
A continuance application must state when the matter was filed, the nature of the proceeding, the number of prior continuance requests, and on whose behalf the requests were made.
The application shall contain the date the matter under consideration was initially filed, the nature of the proceeding, and the number of prior continuances requested and on whose behalf the request(s) were made.
Page 144 | 72.6 Continuances for Trial Settings and Hearings Scheduled
Every continuance application must include an applicant affidavit stating the facts supporting the request and, absent unanimous consent, each party’s consent or opposition.
All applications shall be accompanied by an affidavit of the applicant setting forth the facts upon which the application is based and, unless all other parties consent to the granting of the continuance, the facts of each party’s consent or opposition to the continuance.
Page 144 | 72.6 Continuances for Trial Settings and Hearings Scheduled
An extension application must be presented to the judge, commissioner, or deputy commissioner and may be granted only for good cause shown.
Applications for extensions will be presented to the Judge, Commissioner, or Deputy Commissioner and will be granted only upon good cause shown.
Page 6 | 36.50.1 Time for Filing Receipts - Extensions
The clerk may grant one written extension of up to 30 days for good cause upon application by the personal representative or the representative's attorney.
The clerk has authority to grant one extension for good cause shown not to exceed 30 days upon written application of the personal representative or his/her attorney.
Page 7 | 24.50 Final Distribution
Further continuances and extensions exceeding 30 days must be presented to the Judge, Commissioner, or Deputy Commissioner and granted only for good cause.
Applications for further continuances or for more than 30 days will be presented to the Judge, Commissioner or Deputy Commissioner and will be granted only upon good cause shown.
Page 7 | 24.50 Final Distribution
An inventory filing extension requires a written application showing good cause, and the clerk may grant one extension of no more than 30 days.
Extensions of the time to file will only be granted on a showing of good cause. One extension of time, of not more than 30 days, for the filing of the inventory may be granted by the clerk upon the filing of a written application for good cause shown.
Page 1 | 31.10 Time for Filing
An extension requested after publication of notice of the final settlement will receive close scrutiny.
Extensions requested after notice of filing final settlement is published will be closely scrutinized.
Page 1 | 22.20 Extensions
The Court generally grants one continuance and warns the personal representative and attorney before issuing a citation, but failure to receive the warning does not justify setting aside the citation.
The Court in its discretion generally grants one continuance and notifies the personal representative and attorney prior to issuance of a citation. Failure to receive this warning is not a basis for setting aside the citation.
Page 2 | 22.30.2 Continuance by Court on Its Own Motion
The court will consider an application to extend the time for filing the final settlement.
Application for extension of time will be considered.
Page 18 | 35.220 Final Settlement
Chambers Communication Rules
Attorneys will be seen before a hearing docket commences only if doing so will not delay the docket.
Please note that attorneys will only be seen before the commencement of the hearing docket in Kansas City or Independence if the hearing docket will not be delayed as a result thereof.
Page 1 | 2.20 Conferences with Judge, Commissioner or Deputy Commissioner
Afternoon conferences in Kansas City and Friday conferences in Independence require appointments unless an emergency is involved.
Afternoon conferences in Kansas City and Friday conferences in Independence are by appointment only, unless the conference involves an emergency.
Page 1 | 2.20 Conferences with Judge, Commissioner or Deputy Commissioner
For assistance with video-conferencing appearances, call (816) 881-3920 Monday through Friday from 8:30 A.M. to 4:30 P.M.
FOR ASSISTANCE ON APPEARANCES BY VIDEO CONFERENCING, PLEASE CALL (816) 881-3920, Monday through Friday, 8:30 A.M. to 4:30 P.M.
Page 84
If staffing is insufficient for all 30 weekly in-person clerk hours, the clerk may instead provide information by live telephone communication for up to 15 of those hours.
In the event the court does not have sufficient staff to have a clerk available for all of the thirty (30) hours in person, the clerk may instead be made available for up to fifteen (15) of the thirty (30) hours to provide information about charges, payments, and court operations through live communication by telephone, email, or other means of electronic communication.
Page 120 | Rule 69 Municipal Divisions
A pre-filing telephone conference with the Judge or Commissioner is advisable for emergency guardianship or conservatorship relief to demonstrate the emergency, set the hearing time, and expedite service and appointment of respondent's attorney.
A telephone conference with the Judge or Commissioner in advance of filing a petition seeking emergency relief is advisable for the purpose of demonstrating that an emergency, in fact, exists and for the purpose of fixing the time for the hearing and expediting service on respondent and the appointment of respondent's attorney.
Page 9 | 29.90 Guardian or Conservator Ad Litem - Emergencies
Attorneys are responsible for determining document status by reviewing the file on Case.net.
It is the responsibility of the attorney to ascertain the status of any documents by reviewing the file on Case.net.
Page 3 | 6.50 Filing Pleadings
Court personnel will not answer telephone inquiries about the status of pleadings or proposed orders.
Court personnel will not respond to telephone inquiries regarding the status of pleadings and proposed orders.
Page 3 | 6.50 Filing Pleadings
Telephone conference calls should be scheduled in advance.
These conference calls should be scheduled in advance.
Page 1 | 2.30 Telephone Conferences
The Probate Division in Kansas City and Independence is open from 8:00 a.m. to 5:00 p.m. Monday through Friday.
The Probate Division of Kansas City and Independence is open from 8:00 a.m. to 5:00 p.m., Monday through Friday.
Page 1 | 2.10 Hours
The Court will participate in a conference call involving two or more attorneys when requested.
The Court will participate in conference calls involving two or more attorneys if requested.
Page 1 | 2.30 Telephone Conferences
Telephone conferences with a judicial officer are encouraged.
Telephone calls to the Judge, Commissioner or Deputy Commissioner are encouraged.
Page 1 | 2.30 Telephone Conferences
Appointments are encouraged to confirm that a judicial officer is available.
While appointments are not necessary, to confirm that a judicial officer is available, appointments are encouraged.
Page 1 | 2.20 Conferences with Judge, Commissioner or Deputy Commissioner
Telephone numbers are provided for the Judge, Commissioner, and Deputy Commissioner in Kansas City and Independence.
Judge: Kansas City (816) 881-3759 Independence (816) 881-1732 Commissioner: Kansas City (816) 881-3761 Independence (816) 881-1732 Deputy Commissioner: Kansas City (816) 881-3753 Independence (816) 881-1732
Page 1 | 2.40 Telephone Numbers
Attorneys may obtain walk-in conferences with a judicial officer, with specified scheduling windows in Kansas City and around Monday and Thursday dockets in Independence.
Attorneys may obtain conferences without an appointment with the Judge, Commissioner or Deputy Commissioner. In Kansas City, these conferences should be between 8:30 a.m. and 12:00 p.m. In Independence, conferences without appointment are allowed before and after the 9:30 a.m. Monday docket and before and after the 1:30 p.m. Thursday docket.
Page 1 | 2.20 Conferences with Judge, Commissioner or Deputy Commissioner