St. Louis County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Trial de novo motion

A request for trial de novo must be made by written motion and filed with the municipal division within ten calendar days after entry of judgment.

(2) Pursuant to Supreme Court Rule 37.71, all requests for trial de novo shall be made by written motion, and shall be filed with the municipal division no longer than ten (10) calendar days from the entry of judgment.

CRITICAL

Applies to

Motion to tax costs

A motion to tax costs from execution and sale of property must be filed with the division that entered the judgment.

Motions to tax costs involved in the execution and sale of property pursuant to judgment shall be filed with the division where such judgment is entered.

CRITICAL

Applies to

Notice of payment

A notice of payment must identify each parcel, its payment amount, and the condemning authority’s name and address.

The notice of payment shall include the legal description of each parcel along with the amount of payment for that parcel and the name and address of the condemning authority.

CRITICAL

Applies to

E filing system party entries

Party entries must include petitioners, the decedent, minors, and respondents.

Parties shall include: 1. Petitioner(s); 2. Decedent; 3. Minor(s); 4. Respondent(s);

CRITICAL

Applies to

Estate administration

A waiver of Mo HealthNet claims by the State of Missouri must be filed before an estate administration concludes, except for the specified small-estate affidavit, refusal-of-letters application, and petition-to-determine-heirs matters.

No administration of a decedent’s estate will conclude without the filing of a waiver of Mo HealthNet claims by the State of Missouri. No waivers shall be required on Affidavits for Collection of Small Estates, Applications for Refusal of Letters or Petitions to Determine Heirs.

CRITICAL

Applies to

Document and court memorandum

The attorney's name must be typed beneath the attorney's signature on all filed documents and court memoranda.

The name of an attorney shall be typed under the attorney’s signature upon all documents and Court memoranda filed.

CRITICAL

Applies to

Judgment or order

The prevailing party must prepare the proper judgment or order for the Court’s approval and electronic entry.

The prevailing party shall prepare the proper Judgment or Order for approval by the Court and entry into the electronic file.

CRITICAL

Applies to

Informal matter request

Must include

proposed order

A request to present an informal matter must include a proposed order filed before the matter is presented to the Judge.

A party requesting an order presented to the Court as an informal matter shall electronically file a proposed order to the Court before the matter is presented to the Judge.

CRITICAL

Applies to

Notice of payment

The condemning authority must file an original and enough copies for each owner and the Recorder of Deeds.

The condemning authority shall file with the Circuit Clerk an original and enough copies for each owner and the Recorder of Deeds.

CRITICAL

Applies to

Adoption petition

When filing an adoption petition, petitioners’ counsel must also submit the listed certificates, affidavit, record check, and birth certificate.

At the time of filing the petition, counsel for the petitioners shall also the following documents: A. Family Court Adoption Filing Certificate; B. Affidavit of Expense; C. Missouri Certificate of Decree of Adoption as required by §193.125.1 R.S.Mo.; D. Child Abuse or Neglect/Criminal Record Check; E. Copy of adoptee’s birth certificate.

CRITICAL

Applies to

Written certification

The qualifying organization must submit a written certification of indigency signed by one of its licensed attorneys.

In any case in which an indigent person seeks to have costs or fees waived because of representation by a legal aid society or legal services or other nonprofit organization, and because of such representation does not need approval of the court for the waiver of the fees, the organization shall be required to file a written certification that the person has been found indigent signed by a licensed attorney at law of the organization.

CRITICAL

Applies to

Form 15

A case subject to the mediation requirement may not be set for trial on the merits until Form 15 is filed and the rule's requirements are satisfied.

(F) A case subject to this mediation requirement may not be set for trial on the merits until the Form 15 has been filed and the requirements of this rule have been satisfied.

CRITICAL

Applies to

Case certification request

When filing a request for case certification, the pro se defendant or defendant's counsel must provide all paperwork to the court, including fingerprint cards when required by statute.

It shall be the responsibility of the pro se defendant or counsel for defendant to provide all paperwork to the court including fingerprint cards where required by statute upon filing his/her request for certification of a case.

CRITICAL

Applies to

Servicemembers civil relief act documentation

Counsel must provide appropriate documentation complying with the Servicemembers Civil Relief Act.

to provide appropriate documentation in compliance with the Servicemembers Civil Relief Act.

CRITICAL

Applies to

Stipulation or agreement

Except for extensions of time to plead in Family Court matters, a stipulation or agreement in a pending case is recognized only if made in writing and filed with the Clerk or made on the record in open court.

Except as provided for extensions of time to plead in Family Court matters no private or prior stipulation or agreement between parties or attorneys in a pending case will be recognized unless made in writing and filed with the Clerk or made on the record in open court.

CRITICAL

Applies to

Separate paternity case

If paternity must be established in a dissolution case, a separate paternity case must be filed, and no filing fee is required.

Due to issues of confidentiality, in any 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.

CRITICAL

Applies to

Suggestion of bankruptcy

A party who believes bankruptcy or an automatic stay affects a state-court case must file a suggestion of bankruptcy containing specified bankruptcy details and, when known, trustee and funds-disposition information.

A party shall file suggestion of bankruptcy whenever a party believes that the bankruptcy or automatic stay provision of bankruptcy code has an effect on a state court case filed in this circuit. The suggestion of bankruptcy shall include the name of court in which the bankruptcy was filed and the bankruptcy case number. The party shall file when known the identity and address of the bankruptcy trustee and instructions on the disposition of any monies of the debtor held by the court.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the time, date, and place where the motion will be heard.

a Notice of hearing stating the time, date, and place where the motion shall be heard

CRITICAL

Applies to

Order

A party may request a separate interest-bearing account; if the Court enters the order, it takes effect only after a copy is personally delivered to the Circuit Clerk or the Clerk’s Secretary, who endorses its receipt time and date and files it.

(1) A party may request an Order that funds on deposit, or to be deposited, in the registry of the Court shall be held in a separate, interest bearing account. If such an Order is entered by the Court, the Order shall be effective only after a copy of the Order is delivered personally either to the Circuit Clerk or the Secretary to the Circuit Clerk. Upon receipt, the Order shall be endorsed with the time and date it was received and it shall be filed in the case file.

CRITICAL

Applies to

Property schedule

Property schedules must identify qualifying property and debts and state the proposed division or allocation of each.

typewritten schedules of all property which they claim has a value of at least one hundred dollars ($100). The schedule must indicate for each item of property whether they contend that it is marital or separate property and the proposed division of each item of property. The schedules shall also include each debt with a balance of one hundred dollars ($100) or more and as to each debt their proposal for allocation of that debt to Petitioner or Respondent.

CRITICAL

Applies to

Motion to set bond or reduce bond

After an indictment or information is filed, covered bond-setting and bond-reduction motions must be in writing and addressed to the assigned division judge or the designated judge, subject to the stated exceptions.

(1) Motions to set bond and for bond reduction, after the filing of an indictment or information with the Office of the Circuit Clerk, except for those cases involving probation proceedings and for those cases assigned to Associate Circuit Judges pursuant to Rule 6.1(2), supra, shall be made in writing addressed to the Judge presiding over the division to which the case has been assigned, or the Judge designated to determine those matters in the absence of the Judge of the division to which the case is assigned.

CRITICAL

Applies to

Adr opt out notification

After conferring with all other parties, a party who concludes ADR has no reasonable chance of being productive must notify the Court in writing.

If, after conferring with all other parties, a party concludes that A.D.R. has no reasonable chance of being productive, the Court shall be so advised in writing.

CRITICAL

Applies to

Jury list

Counsel and parties must return their jury lists and all copies to the Clerk when voir dire concludes.

Counsel and the parties shall return their jury lists and all copies to the Clerk at the conclusion of voir dire.

CRITICAL

Applies to

Copy of interpreter or translator appointment order

The party who requested the interpreter or translator appointment must file a copy of the order with the Judicial Administrator.

The party at whose behest an order for the appointment of a qualified interpreter or translator is entered shall file a copy of that order with the Judicial Administrator not later than ten (10) days prior to the proceedings in which the nonEnglish speaking person is to appear as a party or witness.

CRITICAL

Applies to

Motion to be excused

A motion to be excused must state detailed reasons constituting good cause under Section 600.064 R.S.Mo.

The motion shall contain the detailed reasons that constitute good cause in accordance with Section 600.064 R.S.Mo.

CRITICAL

Applies to

Petitioner or movant first pleading

The Circuit Clerk will not accept the pleading unless the financial statements are filed, except when a family court judicial officer has waived them.

The Circuit Clerk shall not accept the pleading for filing unless the financial statements are filed, unless they have been waived by a family court judicial officer.

CRITICAL

Applies to

Parenting plan

In cases involving minor-child custody, the parties must file an executed parenting plan complying with Mo. Rev. Stat. § 452.310.8.

In all cases involving custody of minor children, prior to the hearing, the parties shall file an executed parenting plan that complies with Mo. Rev. Stat. § 452.310.8.

CRITICAL

Applies to

Written notice of interpreter or translator need

A non-English-speaking party or a party who intends to call a non-English-speaking witness must give the court written notice of the need for an interpreter or translator as soon as possible.

Any nonEnglish speaking party, or any party who intends to call as a witness a nonEnglish speaking person, shall provide written notice of the need for the appointment of a qualified interpreter or translator to the court as soon as possible, and in any event in sufficient time for the order for the appointment of a qualified interpreter or translator to be entered not later than ten (10) days prior to the proceedings in which the nonEnglish speaking person is to appear as a party or witness.

CRITICAL

Applies to

Confession of judgment or consent to judgment

A party filing a confession or consent to judgment must file a conforming draft proposed judgment with it.

The party filing a confession of judgment or a consent to judgment shall file, together with such consent or confession, a draft of a proposed judgment which conforms to the provisions of the confession or consent.

CRITICAL

Applies to

Emergency or expedited hearing petition or motion

A petition or motion for an emergency or expedited hearing in the specified estate or guardianship matters must be verified or include an affidavit stating with particularity the specific facts giving rise to the emergency.

Any Petition or Motion for Emergency or Expedited Hearing in a Decedent Estate, Adult Guardianship and/or Conservatorship, and Minor Guardianship and/or Conservatorship, including, but not limited to, Petitions filed pursuant to Section 475.075.15 RSMo, shall be verified or contain an affidavit identifying specific facts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and said facts must be stated with particularity.

CRITICAL

Applies to

Motion to withdraw

Before seeking withdrawal from an unfinished matter, an attorney must file a motion showing compliance with Rule 4-1.16 and Section 3.

An attorney may withdraw from a case after filing a motion to withdraw showing compliance with Rule 4-1.16 and with Section 3 of this Rule.

CRITICAL

Applies to

Remand motion

Pursuant to Supreme Court Rule 37.61(f), once the case has been accepted by the Associate Division as a certified case, a case may be remanded to the municipal division, if the defendant files a written motion so requesting and attaches thereto a waiver of the right to a jury trial.

Pursuant to Supreme Court Rule 37.61(f), once the case has been accepted by the Associate Division as a certified case, a case may be remanded to the municipal division, if the defendant files a written motion so requesting and attaches thereto a waiver of the right to a jury trial.

CRITICAL

Applies to

Violation bureau schedule

Where applicable, reasonable steps must be taken to provide an accused with the Violation Bureau schedule of fines and costs at the same time as the violation notice.

Ensure reasonable steps are taken so that, where applicable, the Violation Bureau schedule of fines and costs is provided to an accused at the same time as a violation notice. Supreme Court Rule 37.33(b).

CRITICAL

Applies to

Surety notice of change of address

A surety’s Rule 33.16 address-change notice must be delivered to the Circuit Clerk’s Criminal/Traffic Manager and list the defendant’s name and case number for each case the surety is serving.

(4) The surety’s notice of change of address required by Rule 33.16 shall be delivered to the Circuit Clerk’s Criminal/Traffic Manager, and shall list the defendant’s name and case number for each case on which the surety is currently serving.

CRITICAL

Applies to

Signed copy of order

The Court Administrator must provide a signed copy of the Order to the MSHP and OSCA.

The Court Administrator shall provide a signed copy of this Order to the MSHP and OSCA at the addresses shown below.

CRITICAL

Applies to

Final order

Blanks must be filled in before the final order is signed.

and/or blanks which must be filled in before signing the final Order.

CRITICAL

Applies to

Certification

The certification must have the semiannual disposition report, substantial-compliance certification, and CLE compliance forms attached.

Judge has attached to this certification the following: • Semiannual disposition report of intoxication-related traffic offenses provided to the circuit court en banc, • Substantial compliance certification with Section 479.360.1(1 to 10) R.S.Mo. • CLE compliance forms.

CRITICAL

Applies to

Revised copy of order

If the Order is revised, the Court Administrator must provide a revised copy to the MSHP and OSCA.

If any revisions are made to this Order, the Court Administrator shall provide a revised copy to the MSHP and OSCA.

CRITICAL

Applies to

Summons

A copy of the Automatic Family Court Order must be attached to the summons.

A copy of the Automatic Family Court Order shall also be attached to the summons and served on the other party along with the petition and summons.

CRITICAL

Applies to

E filing system party entries

Party entries must also include the spouse, all heirs, all legatees or devisees, plaintiffs, and defendants.

5. Spouse; 6. All Heirs; 7. All Legatees/Devisees; 8. Plaintiff(s); and 9. Defendant(s).

CRITICAL

Applies to

Notice of rights

A Notice of Rights must be provided to all defendants, prominently displayed in specified locations, made available as a handout, and displayed on the court’s public information websites.

Provide a “Notice of Rights,” in a form approved by or substantially similar to that approved by the Supreme Court, to all defendants. This notice of rights shall be displayed prominently wherever the clerk of the court transacts business with the public and in the facility where court proceedings are held. This notice of rights shall be made available as a handout for those appearing before the court and is displayed on each public information website operated by the court or on behalf of the court.

CRITICAL

Applies to

Withdrawal notice

Client notices concerning withdrawal memoranda, motions to withdraw, and termination of a limited appearance must include the client’s last known address.

In addition to service on all others required to be served, notices to clients of withdrawal memoranda, motions to withdraw, and notices of termination of limited appearance shall include the client’s last known address

CRITICAL

Applies to

Petition

If a defendant has a rural route, the petition must provide directions or a P.O. Box number.

** If defendant has a rural route, give directions or a P.O. Box number on the petition.