St. Louis County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Cooperative agreement

A municipality holding court outside its boundaries must file a copy of its agreement with the Director of Judicial Administration, and the agreement must name the Municipal Judge assigned to hear its cases.

Any municipality that enters into an agreement to hold Court outside its municipal boundaries shall file a copy of the agreement with the Director of Judicial Administration. The agreement shall include the name of the Municipal Judge who is assigned to hear cases of the municipality.

CRITICAL

Applies to

Dismissal docket removal request

A request to remove a case from the dismissal docket must be made to the court and include a proposed action and the next proposed court date.

Request for removal from the dismissal docket must be made to the court and must include a request for alias/pluries/special process server or other proposed action and must include the next proposed court date.

CRITICAL

Applies to

Deposition cost certificate

The deposition-cost certificate must contain the case caption, deponent and deposition details, itemized charges, the original’s custodian information, and payment status.

Any person desiring to have depositions taxed as costs shall electronically file in the court file, prior to the submission of the case, a certificate showing the caption of the case, the name of the deponent, the date the deposition was taken, an itemized statement of the various charges made by the notary taking the same, the name and address of the person having custody of the original deposition and whether the charges have been paid.

CRITICAL

Applies to

Motion to set bond or reduce bond

Bond-setting and bond-reduction motions in cases pending before an Associate Circuit Judge must be in writing and addressed to that judge.

(2) Motions to set bond and for bond reduction in all cases pending before an Associate Circuit Judge shall be made in writing addressed to the respective Associate Circuit Judge.

CRITICAL

Applies to

Inventory or bond extension request

A request for additional time to file an inventory or bond must be in writing and electronically filed.

A request for additional time to file an inventory or bond shall be in writing and must be electronically filed.

CRITICAL

Applies to

Judgment

Execution may not issue on a Chapter 535 judgment that lacks the itemization required by Missouri Supreme Court Rule 74.80.

No execution shall issue on a judgment entered in any action filed pursuant to Chapter 535 that does not include an itemization as required by Missouri Supreme Court Rule 74.80.

CRITICAL

Applies to

Mandatory document exchange compliance form

After completing the document exchange, each party must file a court-approved compliance form certifying the exchange date and the documents exchanged or the reasons for any omissions.

The mandatory document exchange compliance form is available on the court’s website. Upon completion of the exchange of documents, each party shall file with the court a compliance form approved by the court, certifying the date upon which the documents were exchanged, the documents that were exchanged or the reasons why certain documents were not exchanged.

CRITICAL

Applies to

Order

An order ruling on the motion must require fingerprinting to be completed before the court file is transferred.

The judge may rule on the motion, but shall include the requirement for fingerprinting to be completed prior to the transfer of the court file.

CRITICAL

Applies to

Pleading

In Chapter 535 rent-and-possession actions, monetary-damages averments must itemize the specified amounts and state them with particularity, regardless of how the lease labels or defines them.

In any rent and possession action filed pursuant to Chapter 535, all averments of monetary damages shall be itemized as to rent, interest, late fees, utilities, and any other monetary amount, and stated with particularity, regardless of how denominated or defined in the lease.

CRITICAL

Applies to

Notice of document not produced

If a required document is not produced for exchange, the party must notify the other party in writing who controls it or that it does not exist.

(6) Documents not provided: If a document that is required to be provided pursuant to this local rule is not produced for exchange, the party shall advise the other party in writing of the name and current address of the person who is in possession or control of the required document or, if applicable, that no such documents continue to exist or ever existed.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The Court will not hear oral argument nor take under submission any motion for more definite statement, objections to interrogatories or the answers thereto, objections to requests for admissions or the replies thereto, objections to motions to produce or motions for sanctions to enforce discovery unless there is filed with the Court, together with the notice of hearing, a certification signed by the attorney for the party calling for the hearing which states that he

The Court will not hear oral argument nor take under submission any motion for more definite statement, objections to interrogatories or the answers thereto, objections to requests for admissions or the replies thereto, objections to motions to produce or motions for sanctions to enforce discovery unless there is filed with the Court, together with the notice of hearing, a certification signed by the attorney for the party calling for the hearing which states that he

CRITICAL

Applies to

Waiver of counsel

A written Waiver of Counsel must be used and must be substantially in the form of Form 37.C.

Utilize a written “Waiver of Counsel” substantially in the form of Form 37.C. Supreme Court Rule 37.58(d).

CRITICAL

Applies to

Funds deposit

Funds deposited with the Court after entry of the order must be accompanied by a copy of that order.

(3) Funds deposited with the Court after the date the Order is entered shall be accompanied by a copy of the Order.

CRITICAL

Applies to

Pleading motion entry of appearance

Pleadings, motions, and attorney entries of appearance must be signed by the filing party or attorney and include the applicable trial-attorney or self-represented-party contact information.

All pleadings, motions, and entries of appearance by attorneys shall be signed by the party or his attorney offering the same for filing electronically and shall bear the address, telephone number, e-mail address, and bar identification number of the trial attorney in the case, or if the party appears pro se, the address and telephone number of the party.

CRITICAL

Applies to

Memorandum

If the defendant will waive formal arraignment and plead not guilty, counsel and the defendant must sign and leave a memorandum stating that waiver and plea; the clerk must file it and present it to the Presiding Judge after the State files an Information.

If so, the Docket Clerk shall ask counsel and defendant to sign and leave a memorandum waiving arraignment and entering a plea of not guilty. The Docket Clerk shall file that memorandum and present it to the Presiding Judge for review after the filing of an Information by the State.

CRITICAL

Applies to

Report of unsatisfied judgments and satisfactions

The Court Administrator must report unsatisfied judgments against bail bond agents and sureties, and later satisfactions of those judgments, to the Department of Insurance.

The Court Administrator shall report all unsatisfied judgments against bail bond agents and sureties, and subsequent satisfactions of those judgments, to the Department of Insurance.

CRITICAL

Applies to

Financial documents for exchange

In cases involving maintenance, property, debt division, or attorney fees, the parties must exchange the listed financial and property documents.

(B) In addition, the following documents must be exchanged in cases involving an award of maintenance, an award of property or a division of debt or a request for the payment of attorney fees: 1. The three most recent statements for all bank accounts and all other accounts held jointly or individually by the parties in any brokerage firm or other financial institution; 2. The most recent benefit statement for any retirement plan, whether vested or not vested, in which a party has an interest; 3. Any appraisals of any marital or separate property conducted in the 12-month period preceding the filing of the case; 4. Credit card statements and store charges for purchases occurring during the three months preceding the filing of the case; 5. The most recent mortgage statement for any real property owned jointly or separately by the parties and copy of the deed for any such property; 6. The most recent balance statement for any existing debt owed jointly or separately by the parties; and 7. Any trust instrument and any amendments thereto under which either party is the grantor/settlor which was created during the marriage of the parties, together with a statement or list identifying all assets held in the name of such trust(s) not otherwise disclosed or listed on the statement of property.

CRITICAL

Applies to

Original pleading or attached affidavit

When minor children are involved, the original pleading must include the statutorily required information or have it in an attached separate affidavit.

In cases where there are minor children, the information required by statute shall be furnished in the original pleading or contained in a separate affidavit attached to the original pleading.

CRITICAL

Applies to

Form 15

If any of items 1–6 applies, the parties need only sign and file Form 15; otherwise, they must complete the following section.

IF YOU HAVE SELECTED 1-6 ABOVE, YOU NEED ONLY SIGN BELOW AND FILE THE FORM 15. IF 1-6 ABOVE IS NOT APPLICABLE, PLEASE COMPLETE THE FOLLOWING:

CRITICAL

Applies to

Jury trial request

The heading of the first pleading requesting a jury trial must state “Jury Trial Request” in bold print.

the heading of the first pleading requesting the jury trial shall state in bold print “Jury Trial Request.”

CRITICAL

Applies to

Affidavit submission

Parties seeking judgment on affidavits must file affidavits establishing jurisdiction and supporting the requested relief, along with the proposed judgment, any agreement proposed for adoption, and a completed Form 14; they may also submit other supporting evidence.

If the parties desire to submit the matter for entry of judgment upon affidavits, the parties shall file affidavits setting forth sworn testimony showing the court’s jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed judgment, a copy of any written agreement proposed for adoption by the court, a completed Form 14, and may submit any other supporting evidence.

CRITICAL

Applies to

Interrogatories

Must include

certificate of service

The interrogatories must show a certificate of service, and the certificate filed with the court must identify the parties served, service date and manner, interrogatory designation, and serving attorney’s or party’s signature.

The interrogating party shall show upon the interrogatories a certificate of service and shall file with the court at the time the interrogatories are mailed a certificate of service which shall include (a) the parties served; (b) the date and manner of service (c) the designation of the pleading, as first interrogatories, second interrogatories, etc.; and (d) the signature of the attorney or party serving the interrogatories.

CRITICAL

Applies to

Settlement agreement

Any settlement must be documented in writing, state the agreement’s essential terms, and be executed after the ADR process ends.

Settlement shall be by a written document setting out the essential terms of the agreement and executed after termination of the A.D.R. process.

CRITICAL

Applies to

Motion to withdraw or notice of termination

When court leave is required, the withdrawal motion or termination notice must tell the client the date of any trial setting or next court date, if any.

When leave of court is required, the motion to withdraw or the notice of termination shall include notice to the client of the date of any trial setting and/or the next court date, if any.

CRITICAL

Applies to

Adr outcome report

Parties ordered to participate in ADR must report the outcome, but not the specific results, to the Court on a form.

When the Court orders the parties to participate in an A.D.R. program, the parties shall proceed accordingly and shall report the outcome thereof, but not the specific results, to the Court, as provided by Supreme Court Rule 17. The results shall be reported on a form

CRITICAL

Applies to

Court memorandum

When a defendant is re-indicted for charges arising from the same occurrence, the Prosecuting Attorney must furnish the grand-jury judge a memorandum dismissing the original indictment when the new indictment is signed.

the Prosecuting Attorney will furnish the Judge in charge of the grand jury, at the time the new indictment is signed, a Court memorandum dismissing the original indictment

CRITICAL

Applies to

E filing system party entries

Attorneys are responsible for entering all parties into the e-filing system.

(G) Entry of Parties. Attorneys shall be responsible for entering all parties into the e-filing system.

CRITICAL

Applies to

Request for production

A request for production must include a copy of any designated document the requesting party would be required to produce if asked.

Any party who shall serve on any other party a request to produce a designated document shall attach to the request for production a copy of any such document that they would be required to produce had the request been made to them.

CRITICAL

Applies to

Municipal judge registration

The Municipal Judge's registration must state the judge's full name, address, telephone number, term of office, and municipality.

Each Municipal Judge shall, within thirty (30) days of his or her appointment or election to office, register with the Director of Judicial Administration of the Circuit Court, setting forth his or her full name, address, telephone number, term of office and name of the municipality.

CRITICAL

Applies to

Petition

Must include

caption, case number

Petitions must use the prescribed caption, including the case and party information and pleading details shown in the form.

The following caption is required in the Circuit Court of St. Louis County, Missouri

CRITICAL

Applies to

Service statement

A statement of service must identify by name the opposing counsel served with the pleadings.

The statement as to service of pleadings on opposing counsel shall designate by name the opposing counsel on whom such pleadings were served.

CRITICAL

Applies to

Objections to interrogatories

Objections to interrogatory answers must identify the interrogatory, the challenged answer, and detailed grounds for the objection.

Objections to answers to interrogatories shall set forth the interrogatory, the answer objected to and the grounds for the objection in detail.

CRITICAL

Applies to

Pleading

Paragraphs in pleadings must be numbered consecutively.

Paragraphs of pleadings shall be numbered consecutively.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must file a suggestion of bankruptcy when the bankruptcy or automatic-stay provisions may affect a state court case in the circuit.

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.

CRITICAL

Applies to

Filing information sheet

If a party is a person and the information is reasonably available, the party’s full Social Security number must be provided for the system-generated Filing Information Sheet.

Pursuant to Missouri Supreme Court Operating Rule 4.07, if the party is a person and the information is reasonably available, the full Social Security number for each party must be provided to be included on the system generated Filing Information Sheet.

CRITICAL

Applies to

Execution application

An execution requires a written application by the judgment-creditor or attorney containing the specified case, judgment, debtor, property, return-date, and sheriff-instruction information.

Executions shall not be issued by the Circuit Clerk except upon written application by the judgment-creditor or his attorney. The written application shall contain the following: (a) style and number of case in which judgment was obtained; (b) date judgment entered or last revived; (c) the amount of the original judgment, the amount of accrued interest on the original judgment, and the amount of the judgment and interest still unsatisfied; (d) the full name and current address, if known, of the judgment debtor; (e) a full description of the property to be executed on; (f) the return date on the execution; (g) any special instructions to be provided the sheriff performing the execution.

CRITICAL

Applies to

Executed separation agreement copy

A copy of each executed written separation agreement must be submitted to the court before the hearing.

In all cases where written separation agreements are made under the provisions of Mo. Rev. Stat. § 452.325, a copy of such executed agreements shall be submitted to the court prior to the hearing.

CRITICAL

Applies to

Statement of financial condition

A person who answered “No” to Question #1, or wants the court to consider their financial situation, must answer the following questions and provide the requested information.

If you answered “No” to Question #1, or if you want the court to consider your financial situation, please answer the following questions and provide the following information:

CRITICAL

Applies to

Order

Property may not be relinquished or deposited money withdrawn without a written order signed by the specified judge or, in the judge’s absence, the Presiding Judge or Assistant Presiding Judge.

No such property shall be relinquished or money withdrawn except on a written order signed by the Judge having heard or ruled in the case in which said funds are deposited, or in his absence, by the Presiding Judge or the Assistant Presiding Judge.

CRITICAL

Applies to

Affidavit

Must include

proposed order

A petitioner seeking judgment on affidavit must file an affidavit containing sworn jurisdictional testimony and sufficient factual averments, along with a proposed judgment and any other supporting evidence.

If petitioner desires to submit the matter for entry of judgment upon an affidavit, the petitioner shall file an affidavit setting forth sworn testimony showing the court’s jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed judgment, and any other supporting evidence.

CRITICAL

Applies to

Case transfer filing

The transmitted case filing must include certified copies of all case papers, specified bond and fingerprint materials, and the Clerk of the Circuit Court’s filing memorandum.

(4) If the motion is sustained, pursuant to Supreme Court Rule 37.73, the municipal division clerk shall transmit to the Clerk of the Circuit Court within fifteen (15) calendar days from the granting of the motion a certified copy of all papers filed in the case, including any bond paperwork, any cash or other property given as security upon any such bond, and fingerprint cards. The filing shall include the filing memorandum provided by the Clerk of the Circuit Court.

CRITICAL

Applies to

Judgment or proposed judgment

A judgment or proposed judgment must itemize all awarded rent, interest, late fees, attorney fees, and other monetary amounts, whether entered by consent, default, or on the merits.

A judgment or proposed judgment, whether taken by consent, default, or on the merits, shall itemize the award of all rent, interest, late fees, attorney fees, and any other monetary amounts awarded by the judgment.

CRITICAL

Applies to

Parent education program certification

Each party must submit proof of Parent Education Program attendance with a judgment in a non-contested matter or on the first day of a contested hearing, even if it was previously filed.

Each party, through his or her respective attorney, or the party if self-represented, shall provide a copy of certification of attendance at the time of the submission of a Judgment in a non-contested matter or on the first day of a contested hearing. Such proof of compliance shall be submitted to the court even if previously filed.

CRITICAL

Applies to

Legal description of real estate

Each real estate parcel’s legal description must be marked as an exhibit and offered in evidence.

In all cases involving disposition of real estate, the legal description of each parcel of real estate shall be typewritten upon a separate sheet of paper, marked as an exhibit and offered in evidence with all rights of cross-examination or explanation covering such exhibits being reserved by the parties.

CRITICAL

Applies to

Certification

The judge must provide the governing body with a signed certification of substantial compliance.

Judge has certified substantial compliance with Section 479.360.1(1 to 10) R.S.Mo. and provided signed certification to the governing body in compliance with the state auditor’s rules and procedures. Section 479.360 .1 and 2 R.S.Mo.

CRITICAL

Applies to

Document

A duly authorized attorney may sign a document for a law firm or another attorney, but must also electronically subscribe the attorney's own signature.

An attorney offering a document for filing may sign it on behalf of a law firm or attorney when duly authorized to do so; but he must also subscribe his own signature electronically.

CRITICAL

Applies to

Suggestion of bankruptcy

A suggestion of bankruptcy must identify the bankruptcy court and case number and provide the trustee’s identity and address.

The suggestion of bankruptcy shall include the name of court in which the bankruptcy was filed and the bankruptcy case number, along with the identity and address of the bankruptcy trustee.

CRITICAL

Applies to

Notice of termination of limited appearance

An attorney ending a limited appearance must file a notice demonstrating completion of the duties in the entry and compliance with Section 3.

An attorney who has filed an entry of limited appearance shall file a notice of termination of limited appearance when the attorney wishes to withdraw from the case. The notice shall demonstrate that the attorney has completed the duties set out in the entry of limited appearance and shall show compliance with Section 3 of this Rule.

CRITICAL

Applies to

Business records service filing

Must include

certificate of service

Parties serving business records before trial under Section 490.692.2 must file a certificate of service with the court.

Parties serving business records prior to trial on other parties pursuant to Section 490.692.2 shall file with the court a certificate of service.

CRITICAL

Applies to

Petition

A petition naming a corporate defendant must provide the specified officer or registered-agent information, with additional local-office information for a foreign corporation.

* If a corporate defendant, also list officer or registered agent in charge with address and telephone number on the petition. If a foreign corporation, also give address of local office and name of officer in charge on the petition.