St. Louis County Circuit Court Filing Timing and Cure Windows

CRITICAL

A faxed document is deemed filed at the date and time recorded by the fax, and the transmitting party is responsible for ensuring the transmission is complete.

A document received by facsimile transmittal will be deemed filed as of the date and time recorded by the facsimile. The party transmitting the pleading or document is responsible for the completeness of the transmittal.

CRITICAL

A will or codicil is conditionally accepted upon electronic filing, and final acceptance awaits physical filing of the original.

Upon electronic filing, the will or codicil will be conditionally accepted. Final acceptance of a will or codicil will not occur until the original has been filed physically in the probate division;

WARNING

If no one objects to an extension request, do not file a copy of the extension unless an order is requested under Supreme Court Rule 61.01(b) concerning an objection or subsequent failure to answer.

If there is no objection to the request for additional time, a copy of the extension shall not be filed in the court file unless an order is requested under Supreme Court rule 61.01(b) with respect to any objection to or subsequent failure to answer an interrogatory.

CRITICAL

The ADR results must be reported within 90 days of the referral order or 10 days after the process concludes, whichever is sooner, unless the Court sets another time.

The results shall be reported on a form, within 90 days of the Order, or within ten days of the conclusion of the process, whichever is sooner, unless another time is set by the Court.

CRITICAL

Deadline

15 calendar days

If the motion is granted, the certified case papers and other specified materials must be filed with the Circuit Court Clerk within 15 calendar days of the grant.

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.

CRITICAL

The condemning authority’s attorney must file the notice of payment of award when the condemnation payment is paid into the court registry.

The attorney for the condemning authority shall file a notice of payment of award at the time that payment of a condemnation amount is paid into the registry of the court.

CRITICAL

If a moving party chooses to submit suggestions of law, they must be filed at least seven days before argument.

In the event, however, a party filing a motion desires to submit suggestions of law in support of said motion, such suggestions shall be filed and served on the other party or parties a minimum of seven (7) days before argument of the motion.

CRITICAL

The disposition must reach the DOR within seven days, unless the defendant requests a trial de novo within the ten-day period after judgment.

The Court Administrator shall ensure that the disposition is received by the DOR within seven (7) days of the disposition. If defendant requests a trial de novo within the ten (10) day period after judgment against defendant, then the DOR shall not receive the disposition.

CRITICAL

An ADR opt-out notification must be made within 30 days of the Order of Referral.

This “opt out” notification shall be made within 30 days of the Order of Referral.

CRITICAL

Applies to

Form 15

Form 15 must be filed within 90 days of original service of summons, filing an entry of appearance, or a finding of paternity in the specified matters involving custody or visitation of minor children.

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

The interpreter or translator appointment order must be entered no later than ten days before the proceedings in which the non-English-speaking person will appear.

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

If no proof of service is filed or alias summons requested, the Circuit Clerk must place the case on the dismissal docket 90 days after filing.

The Circuit Clerk shall place a case on the dismissal docket 90 days after the date of filing if there has been no proof of service filed or alias summons requested.

CRITICAL

The separate written jury demand must be filed at least five days before the later of the summons return date or the date set for trial; for good cause, the court may grant a jury-trial request despite waiver.

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.

CRITICAL

The case will be dismissed without prejudice if service is not obtained or the court does not extend the date.

If service is not obtained or the date extended by the court, the case will be dismissed without prejudice.

CRITICAL

Deadline

10 calendar days

A trial de novo motion must be 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

Objections to interrogatories must be filed and noticed for hearing within 30 days after the interrogatory or certificate of service is filed, or they are waived.

(4) Objections. Objections to interrogatories shall be filed and noticed for hearing within thirty days of the filing of the interrogatory or certificate of service; otherwise, any objections shall be deemed waived.

CRITICAL

Objections to production requests must be filed and noticed for hearing within 30 days of the request’s filing or certificate of service, or they are waived.

Objections to production of document requests shall be filed and noticed for hearing within thirty days of the filing of the request or certificate of service; otherwise, any objections shall be deemed waived.

CRITICAL

An adverse party has ten days to file a denial of the grounds alleged in the mediator-disqualification application.

An adverse party has ten days within which to file a denial of the cause or causes alleged in the application.

CRITICAL

The City must file the certification with the State Auditor at the same time as its 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

The deposition-cost certificate must be filed before the case is submitted.

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

Deadline

5 business days

The request to use courtroom technology must be submitted no later than five business days before the proposed use.

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

A Municipal Judge must register with the Director of Judicial Administration within 30 days of appointment or election and provide the listed identifying and contact information.

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

The proposed division of property and debts must be filed and submitted before the hearing.

the moving party shall file a proposed division of property and debts and submit it to the court prior to the hearing.

CRITICAL

Motions for psychiatric examinations must be filed with the assigned judge within 20 days after arraignment.

Motions for psychiatric examinations in criminal cases shall be filed with the Judge to whom the case is assigned within twenty (20) days after the defendant’s arraignment.

CRITICAL

A petitioner seeking a judge rather than a traffic commissioner must file a hearing motion with the petition, or the right to a judge in the first instance is waived.

If the petitioner desires to have the case heard by a judge rather than a traffic commissioner, the petitioner at the time of filing the petition shall file a motion for hearing before a judge of the Circuit Court. If no motion is filed at the same time as the petition, the right to have the petition heard by a judge in the first instance is deemed waived and the case shall be assigned to a traffic commissioner, as appointed pursuant to 479.500 RSMo. If the motion is timely filed, the case shall be assigned to a judge for hearing and determination.

CRITICAL

Deadline

10 calendar days

A jury-trial motion must be filed with the municipal division at least 10 calendar days before the scheduled trial date.

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

The parties must dismiss cases passed for settlement within 30 days, unless the court extends the time.

Cases passed for settlement shall be dismissed by the parties within 30 days or as extended by the court.

CRITICAL

Deadline

15 calendar days

If the motion is sustained, the municipal division clerk must transmit the certified case record and specified bond and fingerprint materials within fifteen calendar days after the motion is granted.

(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.

CRITICAL

A party seeking rehearing by a judge must file the motion with the hearing traffic commissioner’s clerk within twenty days after the findings and recommendation are delivered or mailed.

Any party to a cause of action heard by a traffic commissioner seeking a rehearing of the commissioner’s finding and recommendations shall file a motion for rehearing by a judge with the clerk of the traffic commissioner who heard the case. The motion shall be filed within twenty days of the date that the findings and recommendation of the commissioner are delivered or mailed to the parties.

CRITICAL

The certificate of service must be filed with the court when the interrogatories are mailed.

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

An appointed attorney seeking to be excused must file a motion within ten days of the appointment.

An attorney who seeks to be excused from the appointment shall file a motion to be excused within ten (10) days of the appointment.

CRITICAL

The municipality must recall outstanding warrants before transferring a case certified for jury trial to the Clerk’s office.

(5) Upon certification of the case to the Associate division any outstanding warrants on any case being certified for jury trial shall be recalled by the municipality prior to transfer to the Clerk’s office.

CRITICAL

The proposed findings and conclusions are due at the conclusion of trial or within a reasonable time directed by the Court.

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

Unless the COR 4.28 report is substituted, the monthly docket report must be submitted within the first ten days of each month.

Unless substituted with the report required under COR 4.28, within the first ten (10) days of each month, the Court Administrator shall submit to the City Clerk copies of the dockets of all cases heard during the preceding month by the Division and those cases in which there was an application for a trial de novo.

CRITICAL

The appointment-order copy must be filed with the Judicial Administrator no later than ten days before the proceedings.

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

The petitioner or movant must file the financial statements with the first pleading.

Petitioner/Movant shall electronically file financial statements with their first pleading and shall serve them on the other parties at the same time as the first pleading.

CRITICAL

The respondent must file financial statements within 60 days of service or entry of appearance, whichever occurs first.

Respondent shall electronically file financial statements within sixty (60) days of service or entry of appearance, whichever is earlier.

CRITICAL

Corrections to an audited settlement must be completed by the checklist due date or covered by an extension request under item (1); otherwise, an order to show cause will issue.

After a settlement has been audited, a checklist itemizing the deficiencies will be available on Case.net. The checklist will include a due date for making corrections. If the corrections are not completed by the due date or a request for additional time submitted as set out in item (1) above, an order to show cause will be issued.

CRITICAL

Corrections must be filed by the checklist due date or another date ordered by the division; otherwise, the matter will be dismissed for failure to prosecute.

A checklist itemizing deficiencies in the filing will be available on Case.net. The checklist will include a due date for submitting corrections. A request for additional time to submit corrections shall be in writing and must be electronically filed. The request shall identify the reason for the continuance and shall provide a date, no more than thirty days from the division’s deadline, for filing the corrections. The division’s approval or denial of the request will be available on Case.net. If corrections are not filed by the due date or on any date as otherwise ordered by the division, the matter will be dismissed for failure to prosecute.

CRITICAL

Failure to provide the required proof or obtain relief from the automatic stay within the court-set time results in dismissal without prejudice of the claim against the bankrupt defendant.

Failure to provide proof as stated in the sentence above or to obtain relief from the automatic stay within a time set by the court shall result in a dismissal without prejudice of the claim against the defendant who filed bankruptcy.

CRITICAL

Relief from the automatic stay must be sought within 30 days after the suggestion of bankruptcy is filed.

has sought relief from the automatic stay within 30 days of the filing of the suggestion of bankruptcy.

CRITICAL

When a bankruptcy notice or suggestion lacks the required information, the debtor’s funds are held for 30 days; the judgment creditor must provide the specified proof within that period to obtain payment, or the funds are held as unclaimed.

Upon the filing of a notice or suggestion of bankruptcy which does not contain the information listed in (A) above, all monies of the debtor held in the Registry of the Circuit Court or by the Sheriff, or received by the Circuit Clerk or the Sheriff from a garnishee, shall be held for thirty (30) days. If, within those thirty (30) days, the judgment creditor provides the Circuit Court with proof that the debt in question is not subject to bankruptcy, or that the judgment creditor has obtained an Order for Relief from Automatic Stay, any monies of the debtor held in the Registry of the Circuit Court or by the Sheriff shall be paid out (to the judgment creditor) pursuant to Rule 90. If, at the conclusion of those thirty (30) days, judgment creditor has not provided the Circuit Court with proof that the lawsuit in question is not subject to bankruptcy, or that the judgment creditor has obtained an Order for Relief from Automatic Stay, all monies of the debtor held in the Registry of the Circuit Court or the Sheriff, or received by the Circuit Clerk or the Sheriff, shall be held as unclaimed funds unless further order of the court otherwise directs.

CRITICAL

The Judge must attach the same report for the Presiding Judge by January 1, without the 60-day reporting period that applies to the Circuit Court en banc report.

The Judge shall attach the same report to the Presiding Judge in accordance with I.C.7. of this Order by January 1st of the year, recognizing that there is no sixty (60) day period to submit the report following the end of the reporting period as there is for the report to the Circuit Court en banc.