St. Louis County Circuit Court Service and Proof of Service Rules

CRITICAL

Service

Publication

When publication of a notice or advertisement is required by law or court order, it must appear in a newspaper qualified by the court en banc.

When any notice or advertisement relating to any cause, matter, or thing in the Circuit Court of St. Louis County shall be required by law or the order of any court to be published, the same shall be published in a newspaper qualified by the court en banc. The Court Administrator shall maintain a list of qualified newspapers approved by the court en banc. Effective January 1, 2010.

CRITICAL

After attaching the affidavit to the interrogatories, the interrogated party must serve a copy on each party.

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

Mandatory exchange documents

Each party must provide the opposing party copies of documents in their possession or control, including documents they can obtain electronically.

Each party must deliver to the opposing party copies of any documents that are in their possession or control, including documents which they may obtain electronically.

CRITICAL

Income and Expense and Property Statements must be served on the other parties as provided in the rule.

Income and Expense and Property Statements shall be completed, under oath on the form approved by the court and available from the Office of the Circuit Clerk, typed in substantially the same format, and shall be electronically filed with the court and served on the other parties as provided herein.

CRITICAL

Opposing parties must receive notice of a motion to tax execution-sale costs.

Notice shall be given to opposing parties.

CRITICAL

The petitioner or movant must serve the financial statements on the other parties at the same time as 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 Circuit Clerk must prepare and serve each defendant with notice of the report filing, the award amount, and the 30-day deadline to file written exceptions.

(B) Cause to be prepared and served upon all defendants a form of notice which notifies each defendant of the date of the filing of the report of commissioners, the amount awarded for the property in which said defendant has an interest, and that the defendant must file written exceptions to said report within thirty (30) days of such service of notice; and

CRITICAL

A return of service by another sheriff, a Special Process Server, or another authorized person must be returned to the attorney or party who sought service.

Any service by another Sheriff or a Special Process Server or any other person authorized to serve process shall return to the attorney or party who sought service

CRITICAL

If there is a material change, the parties must exchange updated financial statements and specified parenting-plan and child-support documents at least seven days before the pretrial conference.

At least seven days prior to the pretrial conference, if there is a material change, counsel for the parties or any self-represented party shall exchange updated income and expense and property statements and any amendments to their proposed parenting plan and Form 14 child support worksheets.

CRITICAL

The specified withdrawal notices must be served on the client personally, by first-class mail, or by third-party carrier at the client’s last known address.

notices to clients of withdrawal memoranda, motions to withdraw, and notices of termination of limited appearance shall include the client’s last known address and shall be served on the client personally, or by first class mail, or by third party carrier at the party’s last known address.

CRITICAL

Copies of briefs must be delivered or mailed to opposing counsel, and service may be shown in any manner permitted by Supreme Court Rule.

Within thirty (30) days after the record on appeal has been filed in the Court, plaintiff or relator may file a copy of his brief and, if properly requested or required by the Court, proposed findings of fact with the Court and shall deliver or mail one copy thereof to each of opposing counsel. Within twenty (20) days thereafter, defendant or respondent may file a copy of his brief and, if properly requested or required by the court, proposed findings of fact with the Court and shall deliver or mail one copy thereof to each of opposing counsel. Within ten (10) days after defendant or respondent has filed a brief, plaintiff or relator may file a copy of a reply brief with the Court and shall deliver or mail one copy to each of opposing counsel. Service upon opposing counsel may be shown in any manner permitted by Supreme Court Rule.

CRITICAL

When a pending bond remains in effect after indictment, the criminal docket clerk is directed to notify the defendant, the defendant’s attorney, and the surety of the indictment and set the case on the arraignment docket.

The criminal docket clerk will be directed to notify the defendant, his attorney and the surety of the indictment and set the case on the arraignment docket.

CRITICAL

A process server appointed in place of the Sheriff must be a person of lawful age, not a corporation or business association.

Any person of lawful age, other than the Sheriff, appointed to serve process shall be a natural person and not a corporation or other business association.

CRITICAL

The Circuit Clerk must mail or email the notice of payment of award to each owner or the owner’s attorney and the Recorder of Deeds.

(3) The Circuit Clerk shall mail or electronically mail a copy of the notice of payment of award to each owner or the attorney for the owner and the Recorder of Deeds of St. Louis County.

CRITICAL

Applies to

Mandatory exchange documents

Counsel or an unrepresented party must coordinate a simultaneous exchange of the documents.

Counsel for the parties or the party themselves, if unrepresented, shall coordinate a simultaneous exchange of such documents.

CRITICAL

Service

Electronic service to all parties

The Clerk’s office must notify attorneys of the scheduled court date electronically and notify pro se defendants by regular mail.

The Clerk’s office shall notify all parties of the scheduled court date by electronic filing for attorneys or regular mail for pro se defendants.

CRITICAL

Applies to

Mandatory exchange documents

Each party must deliver the other party complete, readable copies of the documents listed on the mandatory exchange form within 75 days of service of summons.

Within seventy-five (75) days of service of summons each party shall deliver to the other party a complete and readable copy of each of the documents specified on the mandatory exchange of documents form.

CRITICAL

The original interrogatories must be served on the interrogated party’s counsel or, if unrepresented, on the party.

The original shall be served upon counsel for the interrogated party, or the party himself if not represented.

CRITICAL

When a defendant is confined, the grand-jury judge will direct delivery of the indictment and a commitment order to the St. Louis County Department of Justice Services.

In cases in which a defendant is confined, the Judge in charge of the grand jury will direct that a copy of the indictment be delivered to the St. Louis County Department of Justice Services together with an order committing the defendant on the indictment.

CRITICAL

A certificate of service is required for interrogatories and must document the parties served and the service details.

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

Should suggestions in opposition be filed by any party, they shall be filed and served on opposing parties prior to that date of the argument.

Should suggestions in opposition be filed by any party, they shall be filed and served on opposing parties prior to that date of the argument.

CRITICAL

The application to disqualify a mediator and notice of when it will be presented must be provided to all interested parties.

A service copy of the application and a notice of the time when it will be presented to the court must be provided to all interested parties.

CRITICAL

The Automatic Family Court Order must be served on the other party along with the petition and 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

Suggestion of bankruptcy

A copy of the suggestion of bankruptcy must be served on every party in accordance with Rule 43.01.

A copy of the suggestion of bankruptcy shall be served on each party to the law suit in accordance with Rule 43.01.

CRITICAL

Service

Mail to opposing party

A copy of the financial statements must be mailed to each opposing party's attorney or to any opposing party who is unrepresented.

A copy of the financial statements shall be mailed to the attorney for each opposing party or to any unrepresented party.

CRITICAL

Applies to

Updated income and expense or property statements

Unless otherwise ordered, each party must exchange updated income and expense or property statements at least seven days before the first trial date.

(2) Except as otherwise ordered, in all cases at least seven days prior to the first date of trial, each party shall exchange any updated income and expense or property statements.

CRITICAL

A copy of the suggestion of bankruptcy must be served on every party to the lawsuit in accordance with Rule 43.01.

A copy of the suggestions of bankruptcy shall be served on each party to the law suit in accordance with Rule 43.01.

CRITICAL

If there has been a material change, the parties must exchange specified updated financial and family-related documents at least seven days before any conference.

(4) Updated information: At least seven days prior to any conference, if there has been any material change, the parties shall exchange any updated income and expense statements or statements of property as well as any amended parenting plans or child support worksheets (Form 14).

CRITICAL

A copy of the motion and a hearing notice stating the time, date, and place must be sent to the Prosecuting Attorney and defendant.

The motion shall be heard by the Presiding Judge or his or her designee and a copy of the motion along with a Notice of hearing stating the time, date, and place where the motion shall be heard shall be sent to the Prosecuting Attorney and defendant.

CRITICAL

Service

Electronic service to all parties

The Clerk’s office must notify attorneys of the scheduled court date electronically and notify pro se defendants by paper mail.

The Clerk’s office shall notify all parties of the scheduled court date by electronic filing for attorneys or paper mail for pro se defendants.

CRITICAL

Unless otherwise ordered, parties in property-division or debt-allocation cases must exchange the specified materials at least seven days before the first trial date.

Except as otherwise ordered, in all cases concerning the division of property or allocation of debt, at least seven days prior to the first date of trial, the parties shall exchange

CRITICAL

Applies to

Updated proposed parenting plans and proposed form 14

Unless otherwise ordered, when child custody or support is at issue, each party must exchange updated proposed parenting plans and proposed Form 14 at least seven days before trial.

(3) Except as otherwise ordered, in all cases in which the custody or support of children is at issue, each party shall exchange any updated proposed parenting plans and their proposed Form 14 at least seven days prior to trial.

CRITICAL

Service by the St. Louis County Sheriff’s Office must be scanned into the court’s case management system.

Any service by the St. Louis County Sheriff’s Office shall be scanned into the courts case management system.

CRITICAL

When the original indictment is dismissed and a new indictment is issued for charges arising from the same occurrence, the criminal docket clerk must notify the defendant’s attorney and surety and set the case on the arraignment docket.

The criminal docket clerk shall notify the defendant’s attorney and the surety of the new indictment and set the case on the arraignment docket.

CRITICAL

If a moving party chooses to submit suggestions of law, they must be served on the other parties 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

Counsel must ascertain that process has been properly and timely served.

It shall be the duty of counsel to ascertain that process has been properly and timely served

CRITICAL

Only the Sheriff may be appointed to serve process requiring a levy, seizure, sequestration, garnishment, or other taking.

No person, other than the Sheriff, shall be appointed to serve any order, writ or other process which requires any levy, seizure, sequestration, garnishment, or other taking.

WARNING

After notice to the opposing party, sanctions motions may be presented informally or at a regular motion docket.

Such motions, upon notice to the opposing party, may be presented to the Court informally or at the call of any regular motion docket.

WARNING

When a continuous wage garnishment terminates, the Clerk of the Circuit Court must notify all parties and the garnishee of the Order of Termination.

Upon termination of a continuous wage garnishment, the Clerk of the Circuit Court shall provide notice to all parties and the garnishee of the Order of Termination.

WARNING

Applies to

Mandatory exchange documents

The document-exchange provision does not override a temporary or final order of protection that prohibits communication between the parties.

This provision does not supersede any temporary or final order of protection which may prohibit communication between the parties.

WARNING

The Circuit Clerk must send a copy of the notice by mail or email to each defendant’s attorney of record, meaning an attorney who entered an appearance by memorandum filed with the Clerk.

(C) Provide a copy of the foregoing notice as provided herein by mail or e-mail to the respective attorneys of record, if any, for the individual defendants. Attorneys of record shall include only those attorneys who have entered their appearance as attorney for any of the defendants by memorandum filed with the Circuit Clerk.

WARNING

The requesting party bears the risk and expense of appointing a process server other than the Sheriff.

The appointment of a person other than the Sheriff to serve process shall be made at the risk and expense of the requesting party.

WARNING

A judge may appoint a special process server in writing at the requesting party’s risk and expense, but not to serve a garnishment.

Any Judge may appoint a Special Process Server in writing in accordance with the law and at the risk and expense of the requesting party except no special process server shall be appointed to serve a garnishment.

WARNING

Service

Mail

A nonresident defendant who fails to appear must be notified by regular mail and given time to dispose of the ticket before the DOR is notified.

In the event a defendant who is not a resident of Missouri fails to appear, the defendant shall be notified by regular mail and given a specific amount of time to dispose of the traffic ticket before notification is made to the DOR.

WARNING

For covered moving traffic violations, defendants must be notified within 10 days of failing to dispose of the violation, and notice may not be sent until a summons has been mailed and the defendant then fails to appear; minor traffic violations are excluded.

The Court Administrator shall notify defendants within ten (10) days of that defendant’s failure to dispose of a moving traffic violation, that the Division will order the DOR to suspend that defendant’s license in thirty (30) days, if the charges are not disposed of or fully paid. This provision shall not apply to Minor Traffic Violations as defined in Section 479.353 R.S.Mo. (2015). For such violations for which a notice may be sent to defendants, such notification shall not be sent until a summons has been mailed to the defendant and defendant thereafter shall fail to appear.

WARNING

The Circuit Clerk must provide the plaintiff’s attorney or realtor a copy of the complete commissioners’ report as soon as it is filed.

(A) Provide the attorney for the plaintiff or realtor a copy of the complete report of commissioners as soon as the same is filed;

WARNING

Applies to

Adr notice

In covered civil actions, the ADR availability notice must be furnished to all parties: initiating parties receive it when the action is filed, and opposing parties receive it with the summons and petition.

In all civil actions to which this rule applies, a Notice of the availability of A.D.R. shall be furnished to all parties. The Circuit Clerk shall provide the Notice to the party or parties initiating the action at the time the action is filed. The opposing party or parties shall be provided the Notice along with the summons and petition.

WARNING

Dismissal notice must be mailed or electronically transmitted to the party, and the dismissal must be set for two weeks after the notice date.

Notice of the dismissal shall be mailed or electronically transmitted to the party and set two weeks from the date of notice.