St. Louis County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Request to substitute attorney

A request by an appointed attorney to substitute an alternate attorney must be in writing, copied to the Prosecuting Attorney and defendant, and approved by the Presiding Judge or designee.

An appointed attorney may move to substitute an alternate attorney to handle the appointment. Such a request must be in writing with copies to the Prosecuting Attorney and the defendant, and must be approved by the Presiding Judge or his or her designee.

CRITICAL

Applies to

Execution request

In cases heard under Associate Circuit Judge practices and procedures, a request for execution must be filed with the appropriate clerk.

Request for execution in cases heard under practices and procedures applicable under Associate Circuit Judges shall be filed with the appropriate clerk.

CRITICAL

Applies to

Jury instructions

Counsel must furnish proposed jury instructions to the Court on the first day of trial.

Proposed jury instructions shall be furnished by counsel to the Court on the first day of trial.

CRITICAL

Applies to

Proposed findings conclusions

In court-tried cases where findings and conclusions are required, the parties through counsel must submit proposed findings of fact and conclusions of law.

In all Court tried cases In which findings of fact and conclusions of law are required, the parties through their attorneys, shall submit proposed findings of fact and conclusions of law at the conclusion of the trial or within a reasonable time as directed by the Court.

CRITICAL

Applies to

Request for production

If the requesting party does not have the documents, the request must include a verified statement that they are not in the party’s possession or control.

If the proponent does not have such documents they shall attach a verified statement that such documents are not in their possession or control.

CRITICAL

Applies to

Withdrawal memorandum

An attorney may withdraw from a case when a matter is completed, upon filing a withdrawal memorandum demonstrating that there are no pending claims or issues in the matter and showing compliance with Section 3 of this Rule.

An attorney may withdraw from a case when a matter is completed, upon filing a withdrawal memorandum demonstrating that there are no pending claims or issues in the matter and showing compliance with Section 3 of this Rule.

CRITICAL

Applies to

Amended pleading

A party granted leave must file the amended pleading separately, or the amendment is deemed abandoned.

Any party obtaining leave to file an amended pleading shall file a separate amended pleading even if the amended pleading was attached as an exhibit to a request to file such pleading. An amended pleading not filed as a separate pleading shall be deemed abandoned.

CRITICAL

Applies to

Pleading

A pleading requesting service of summons or other pleadings must state the request in its caption and provide a complete address for each party to be served.

Where service of summons or other pleadings is requested, a request for service shall be included in the caption of the pleading filed along with a complete address for each party to be served.

CRITICAL

Applies to

Memorandum of amount claimed

Before requesting judgment in an undefended action on a bond, bill, note, or account, counsel must furnish a memorandum of the amount claimed.

to furnish a memorandum of the amount claimed before requesting judgments on undefended actions on bonds, bills, notes, and accounts

CRITICAL

Applies to

Certified case filing

If the jury-trial motion is granted, the required certified case papers and filing memorandum must be filed with the Circuit Court Clerk.

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

CRITICAL

Applies to

Statement of financial condition

A person seeking permission to proceed as indigent in a municipal division case must submit a Statement of Financial Condition to the court.

A person seeking permission to proceed as an indigent in a municipal division case shall submit to the court the following “Statement of Financial Condition.”

CRITICAL

Applies to

Jury trial request

A request for a jury trial must be made by a written motion signed by the defendant.

Pursuant to Supreme Court Rule 37.61, all requests for trial by jury shall be made by written motion signed by the defendant, and shall be filed with the municipal division at least ten (10) calendar days prior to the scheduled trial date in accordance with Missouri Supreme Court Rule.

CRITICAL

Applies to

Common proceeding involving multiple minors

When a common proceeding involves more than one minor, a separate filing must be made for each minor.

Where more than one minor is involved in a common proceeding, there shall be a separate filing for each such minor.

CRITICAL

Applies to

Request to use equipment or technology

A party must present a request to use courtroom technology to the Court at least five business days before the proposed use, in the form and manner directed by the presiding judicial officer.

Present, not later than five (5) business days prior to the proposed use of such equipment, a request to use such equipment or technology to the Court in such form and manner as the judge or other judicial officer presiding over the proceeding, may deem appropriate;

CRITICAL

Applies to

Written waiver of liability

A party whose equipment-use request is approved must execute the specified written liability waiver no later than the start of delivery or installation, using the form obtained from the Court’s Information Technology department.

Each party whose request is approved to use private and/or Court provided audio-visual equipment, computer equipment, or equipment based on other technologies in court during a trial, hearing, or other proceeding, shall, not later than the beginning of any delivery to or installation of such equipment in the facilities of the court, execute a written waiver of liability, the terms of which hold the Court, employees or agents of the court, the County of St. Louis, and the State of Missouri harmless and not liable for any loss, damage, or theft of any such equipment. The form for limited liability shall be obtained from the Court’s Information Technology department.

CRITICAL

Applies to

Motion to set bond or reduce bond

Bond-setting and bond-reduction motions involving probation proceedings must be in writing to the judge presiding in the division where the probation revocation matter is pending.

(3) Motions to set bond and for bond reduction in all cases involving probation proceedings shall be made in writing to the Judge presiding in the division in which the probation revocation matter is pending.

CRITICAL

Applies to

Form 15

Form 15 must certify the applicable listed status concerning contested issues, mediation, a mediator, an exemption, or a requested extension.

(A) Ninety (90) days from the date of original service of summons or the filing of an entry of appearance or after a finding of paternity, the parties shall file a Form 15 with the Court certifying that: (a) there are no contested issues of child custody, parenting time, parenting plans, child support, maintenance or property division; (b) that the parties have voluntarily participated in mediation; (c) that the parties have agreed to a mediator (identifying the mediator) and have a mediation session scheduled; (d) that the parties cannot agree on a mediator; (e) that they are requesting an exemption from this rule; or (f) that the case is not ripe for mediation and an extension of time is requested.

CRITICAL

Applies to

Mandatory exchange documents

The parties must exchange federal and state income tax returns, including schedules and W-2, K-1, and 1099 forms, for the preceding three years.

The following documents must be exchanged in all cases: 1. Federal and state income tax returns including all schedules, W-2, K-1 and 1099 forms for the preceding three years;

CRITICAL

Applies to

Pleading motion

Must include

caption, case number

Pleadings and motions must include the case style and number and identify the pleading or motion; petitions must also state the nature of the suit, and multi-page documents must number each page at the bottom.

Said pleadings and motions shall be captioned with the style and number of the case, the character of the pleadings and motions, and if a petition, the nature of the suit, and if consisting of more than one page, shall be numbered at the bottom of each page.

CRITICAL

Applies to

City certification of substantial compliance

The City must file its Judge-signed certification of substantial compliance with the State Auditor together with the City’s report due under Section 105.145.

The Court Administrator shall meet and confer with the Judge to ensure that the City shall timely file with the State Auditor, together with the City’s report due under Section 105.145 R.S.Mo., the City’s certification of its substantial compliance signed by the Judge with the Division procedures set forth in Section 79.360.1(1)(10) R.S.Mo.

CRITICAL

Applies to

Indigency form

Courts must use the Missouri Supreme Court indigency form when determining indigency.

The court shall ensure the indigency form provided by the Missouri Supreme Court is used in the determination of indigency.

CRITICAL

Applies to

Order

A refund of criminal-case bond money requires a written order signed by the judge who heard or ruled in the case or, in that judge’s absence, the Presiding Judge or Assistant Presiding Judge.

(3) No such refund shall be paid except upon a written order signed by the Judge having heard or ruled in the case in which said funds are deposited, or in the absence of the Judge hearing the case, by the Presiding Judge or the Assistant Presiding Judge.

CRITICAL

Applies to

Petition

Each count in an original or amended petition must be numbered and titled with the name of its cause of action.

Each count of a petition or any amended petition shall be numbered and titled with the name of the cause of action asserted therein.

CRITICAL

Applies to

Interrogatories

The interrogated party must prepare an affidavit for signature by the appropriate party and attach it as the last page of the interrogatories.

The interrogated party shall prepare the affidavit to be signed by the appropriate party, attach it as the last page of the interrogatories and then serve a copy upon each party.

CRITICAL

Applies to

Form 15

In a dissolution, paternity matter, or motion to modify involving custody or visitation of minor children, the parties must complete and file Form 15 within 90 days of original service of summons, filing an entry of appearance, or a finding of paternity.

Local Rule of Court 68.14 requires this Form to be completed by the parties and filed no later than ninety (90) days from the date of original service of summons, filing of an entry of appearance, or after a finding of paternity when a dissolution, paternity matter or motion to modify involves custody or visitation of minor children.

CRITICAL

Applies to

Motion for rehearing

A rehearing motion must be written, identify specific evidentiary grounds and legal authority, and allege facts showing lack of competent and substantial evidence or an error of law.

The motion shall be in writing and shall state all specific evidentiary grounds and legal authority for a rehearing. The motion must specifically allege facts to indicate how the findings of the traffic commissioner were not supported by competent and substantial evidence or how they were based upon an error of law.

CRITICAL

Applies to

Judgment or proposed judgment

The judgment itemization must follow the specified Supreme Court Form.

The itemization must be set forth as provided in Supreme Court Form https://stlcountycourts.com/sites/default/assets/pdfs/AC/ CV125ItemizationofJudgment.pdf

CRITICAL

Applies to

Proposed division of property and debts

A party seeking default judgment must file and submit a proposed division of property and debts before the hearing.

In cases where a party is seeking a default judgment, the moving party shall file a proposed division of property and debts and submit it to the court prior to the hearing.

CRITICAL

Applies to

Search warrant application and affidavit

An officer who files a search-warrant application and supporting affidavit electronically must retain or maintain their originals.

The officer filing an application for search warrant and affidavit in support thereof by any electronic means shall retain or maintain an original of the application and affidavit.

CRITICAL

Applies to

Motion for summary judgment

A party filing a motion for summary judgment must file with it a draft of an appropriate proposed judgment.

A party filing the Motion for Summary Judgment shall file, together with such motion, a draft of a proposed judgment which would be appropriate in the event that the motion is sustained.

CRITICAL

Applies to

Jury demand

In all civil cases triable pursuant to practices and procedures applicable before an Associate Circuit Judge, a trial by jury shall be deemed waived unless written demand on a separate memo be filed not later than five (5) days before the return date of the summons or the date set for trial, whichever is later, provided that for good cause shown, either party’s request for a jury trial may be granted.

In all civil cases triable pursuant to practices and procedures applicable before an Associate Circuit Judge, a trial by jury shall be deemed waived unless written demand on a separate memo be filed not later than five (5) days before the return date of the summons or the date set for trial, whichever is later, provided that for good cause shown, either party’s request for a jury trial may be granted.

WARNING

Applies to

Marriage license and Certificate of Marriage blank form

If the Judge performs marriages, the parties must provide a marriage license and a Certificate of Marriage blank form to the Court before the wedding; the local court must enter the number of days in the blank.

The Court Administrator shall require that the parties provide a marriage license and a Certificate of Marriage blank form to the Court at least ___ days [NOTE: Number of days should be entered by local court based on local need] before a scheduled wedding to ensure adequate review of such license.

WARNING

Applies to

Final order

Options in other sections that do not apply should be deleted from the final order.

Other sections may contain several options where those that do not apply should be deleted

WARNING

Applies to

Certified case filing

A filing missing required documents, including fingerprint cards when required by law, will be returned to the Municipal Division for correction and proper submission.

Any missing or omitted documents including fingerprint cards where required by law will result in the filing being returned to the Municipal Division for correction and proper submission.

WARNING

Applies to

Petition

The service address may be deleted when personal service is not required, but must remain if service is by mail.

**** If no personal service is required this may be deleted. However, address must remain if mail service.

WARNING

Applies to

SATOP program documents

When a defendant is ordered to participate in a SATOP program, the Court Administrator must file all documents received from the provider in the case file.

If the Division orders the defendant to participate in a SATOP program, the Court Administrator shall file all documents received from the program provider in the case file

WARNING

Applies to

Petition to expend funds

A Petition to Expend Funds is not required for the listed expenses, subject to the stated limits and the statutory requirements for prepaid funerals.

The following items shall be deemed approved and shall not require a Petition to Expend Funds in Supervised Decedent’s estate or Conservatorships:: (A) Bond Premiums, taxes, and any other items allowed by statute; (B) Accountant fees up to $750 for annual tax preparation; (C) Prepaid funeral for Protectee in Conservatorships up to $7,500 (must still comply with requirements of § 475.120 RSMo); (D) Brokerage fees up to 1.2% of the value of the brokerage account; (E) Safe deposit boxes up to $150 annually; (F) Copies of bank statements up to $10 per statement; (G) Appraisals for real and personal property owned by the estate up to $500; and (H) Insurance for real and/or personal property owned by the estate.