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Section/Rule:
COR 17
Subject:
Court Operating Rule 17
Publication / Adopted Date:
July 26, 1996
Topic:
Case Processing Time Standards
Revised / Effective Date:
July 1, 2022
Court Operating Rule 17
CASE PROCESSING TIME STANDARDS
17.01 - 17.05 Statement of Purpose
17.06 - 17.08 When Applicable
17.09 Reserved
17.10 - 17.14 Implementing the Standards: Responsibilities of the Judiciary and the Bar
17.15 - 17.19 Reserved
17.20 - 17.28 FILING TO DISPOSITION TIME STANDARDS
17.29 - 17.33 Definitions
17.34 - 17.39 Reserved
17.40 & 17.41 Measuring Compliance With Standards
17.42 - 17.44 Reserved
17.45 Implementation Assistance
17.46 - 17.49 Reserved
Pub Note: Former Court Operating Rule
17
, consisting of Rules
17.01 to 17.49
, was repealed and new Court Operating Rule
17
, was adopted July 26, 1996, effective January 1, 1997.
17.01 - 17.05 STATEMENT OF PURPOSE
17.01
This Court Operating Rule
17
establishes case processing time standards to ensure the prompt and fair disposition of cases filed in Missouri's circuit courts.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.02
The standards shall provide litigants with time frames during which they, with reasonable certainty, can expect to have their case decided by the court or otherwise resolved.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.03
The standards shall assist the judiciary in determining judicial resources needed to manage caseloads.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.04
These standards are designed as tools to achieve the overall goals of efficiency, productivity, and quality of justice, and are not intended as absolute requirements.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.05
The authority of courts to adopt local court rules, practices or policies governing the dismissal of a case is not affected by this Court Operating Rule
17
.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.06 - 17.08 When Applicable
17.06
The standards shall apply to civil and criminal cases filed in the circuit and associate divisions of the circuit court.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.07
These standards do not apply to juvenile, probate or mental health proceedings or to proceedings of the municipal divisions of the circuit court. They also do not apply to less serious general traffic offenses, less serious watercraft offenses, county ordinance violations, or conservation violations.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.08
Nothing in this Court Operating Rule
17
precludes circuit courts from adopting more stringent case processing time standards or from adopting time standards for cases excluded from this Court Operating Rule
17
by Court Operating Rule
17.07
.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.09
RESERVED
17.10 - 17.14 IMPLEMENTING THE STANDARDS: RESPONSIBILITIES OF THE JUDICIARY AND THE BAR
17.10
The responsibility for docket currency as required by this Court Operating Rule
17
rests with the judiciary and with each judge and clerk of the judiciary.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.11
Court Operating Rule
17
shall be implemented under the general administrative supervision of the Supreme Court and the presiding judge of each circuit.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.12
Each circuit court shall supervise and control the movement of all cases from the time of filing of the first pleading through final disposition. Any time other than that which is reasonably required for pleadings, discovery and trial shall be minimized.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.13
Each circuit shall adopt and implement policies and procedures to comply with the standards established by this Court Operating Rule
17
. Such policies and procedures shall include, but not be limited to, the following:
(a) Early identification of cases that may be resolved without delay or that may be protracted, and a process whereby these cases are given special administrative attention when appropriate;
(b) Time frames for the completion of critical steps in the litigation process, including discovery;
(c) Trial-setting policies that schedule a sufficient number of cases to ensure efficient use of judicial resources while minimizing the numbers of cases that must be reset;
(d) Commencement of trials on a date certain, scheduled with adequate notice to all parties; and
(e) Firm, consistent policies for minimizing continuances.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Feb. 22, 2000.)
17.14
Each member of the bar shall cooperate with the judiciary in meeting these standards.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.15 - 17.19 RESERVED
17.20 - 17.28 FILING TO DISPOSITION TIME STANDARDS
17.20
Ninety percent of the cases in each case type covered by the standards shall be disposed in the time frame shown below in column B.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.21
Ninety-five percent of the cases in each case type covered by the standards shall be disposed in the time frame shown below in column C. This standard is set at less than 100 percent because it is recognized that litigation with complex substantive and procedural issues or litigation involving extraordinary circumstances may require additional time.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Dec. 18, 2008, eff. Jan. 1, 2009.)
17.22
In order to successfully meet the two standards, each court shall set an initial local goal for case processing. The local goal shall require not less than 50 percent of the case in each case type be disposed in the time frame shown below in column A.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.23 TIME FRAMES AND STANDARDS
A
B
C
D
Local Goal
at least
50%
Disposed in
Standard
90%
Disposed in
Standard
95%
Disposed in
Excluded Time
Circuit Civil
12 months
24 months
30 months
See COR
17.26, 17.27
Domestic Relations
4 months
10 months
14 months
See COR
17.26
Associate Civil
4 months
6 months
12 months
See COR
17.26, 17.27
Circuit Felony
4 months
10 months
14 months
See COR
17.24, 17.25, 17.26
Associate Criminal
3 months
6 months
8 months
See COR
17.24, 17.25, 17.26
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Dec. 18, 2008, effective Jan. 1, 2009.)
17.24
Periods of time during which a warrant is outstanding shall be excluded when calculating the age of an associate criminal or circuit felony case.
(Adopted July 26, 1996, effective Jan. 1, 1997.)
17.25
If a county is in a district where the court has granted relief to the public defender office due to caseload issues, the presiding judge for that court may enter a waiver of compliance with criminal time standards (only associate criminal, only circuit felony or for both classes of cases). If the presiding judge enters a waiver, a copy will be submitted to the state courts administrator, so that all cases disposed during the period of limited availability will be omitted for the purposes of sections
17.40
and
17.45
, and a copy will be submitted to the state public defender director.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended eff. Feb. 22, 2000; amended Dec. 18, 2008, eff. Jan. 1, 2009; May 4, 2020, eff. July 1, 2021.)
17.26
(a) Periods of time during which a defendant is in a court-supervised treatment court, from admission through exit, or is being evaluated or hospitalized pursuant to section
552.020
, RSMo, shall be excluded from the age of the case that precipitated entry into the treatment court or resulted in the evaluation or hospitalization.
(b) Periods of time during which a defendant is in a deferred prosecution program under section
557.014
, RSMo, shall be excluded when calculating the age of an associate criminal or circuit felony case.
(Adopted Dec. 18, 2008, eff. Jan. 1, 2009. Amended Feb 11, 2015, eff. July 1, 2015; May 4, 2020, eff. July 1, 2021)
17.27
The period of time between entry of an order for a bankruptcy stay through the lifting of the stay shall be excluded when calculating the age of the relevant case.
(Adopted eff. Jan. 1, 2009.)
17.28
Periods of time during which a case is automatically stayed, pursuant to section
510.120
, RSMo, because a member of the general assembly is an attorney, party, or necessary witness in the court proceeding shall be excluded when calculating the age of the relevant case.
(Adopted Jun. 28, 2022, eff. Jul. 1, 2022)
17.29 - 17.33 DEFINITIONS
17.29
Circuit Civil Case Types
. Tort, contract, administrative review, real estate, and extraordinary remedy cases filed in the circuit divisions, associate civil and small claims trials de novo, other miscellaneous actions filed in the circuit divisions, and such other actions defined as circuit civil cases by the State Judicial Records Committee.
Filing:
The date of the filing of the first pleading, the date of receipt of the case documents on a change of venue, or, for supplemental filings, the date the supplemental filing was initiated, for instance a motion for new trial is sustained, or a default judgment or structured settlement is set aside.
Resolution:
The date the trial court entered its judgment, the case is dismissed, the petition is withdrawn, the case is transferred to another county on a change of venue, a structured settlement is reached or the case is otherwise disposed, whichever occurs first.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.30
Domestic Relations Case Types.
Dissolution of marriage, legal separation, annulment, separate maintenance, URESA, adult abuse, motions to modify, motions for contempt in domestic relations cases, contested actions involving administrative support orders of the state department of social services, child protection orders, paternity, change of name, writs of habeas corpus in child custody cases, registration of foreign domestic relation judgments and such other actions defined as domestic relations cases by the State Judicial Records Committee.
Filing:
The date of the filing of the first pleading, the date of receipt of the case documents on a change of venue, or, for supplemental filings, the date the supplemental filing was initiated, for instance a motion to modify is filed, a motion for new trial is sustained, or a default judgment or structured settlement is set aside.
Resolution:
The date the trial court enters its judgment, the case is dismissed, the petition is withdrawn, the case is transferred to another county on a change of venue, a structured settlement is reached or the case is otherwise disposed, which ever occurs first.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.31
Associate Civil Case Types.
Tort, contract, administrative review, landlord-tenant and small claims cases filed in the associate circuit divisions and such other actions defined as associate civil or small claims cases by the State Judicial Records Committee.
Filing:
The date of the filing of the first pleading, the date of receipt of the case documents on a change of venue, or, for supplemental filings, the date the supplemental filing was initiated, for instance a motion to modify is filed, a motion for new trial is sustained, or a default judgment or structured settlement is set aside.
Resolution:
The date the trial court enters its judgment, the case is dismissed, the petition is withdrawn, the case is transferred to another county on a change of venue, a structured settlement is reached or the case is otherwise disposed, whichever occurs first.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.32 Circuit Felony Case Types.
Felony indictments and informations.
Filing:
The date of filing of the felony information or indictment or receipt of case documents on a change of venue or, for supplemental filings, the date the supplemental filing was initiated, for example a motion for new trial is sustained or
a plea of guilty is withdrawn.
Resolution
: The date the jury reaches a verdict, the trial court enters a finding of guilt, dismissal, or incompetency, the prosecutor dismisses the case, the case is transferred to another county on a change of venue or the case is otherwise disposed, whichever first occurs.
(Adopted July 26, 1996, eff. Jan 1, 1997. Amended Dec. 18, 2008, eff. Jan. 1, 2009.)
17.33 Associate Criminal Case Types
. Felony cases prior to the filing of the indictment or information, misdemeanor cases, serious traffic and serious watercraft cases, municipal trials de novo, and misdemeanor certifications.
Filing:
The date of the filing of the felony complaint or affidavit, misdemeanor information, or receipt of case documents on a change of venue or, for supplemental filings, the date the supplemental filing was initiated, for instance a motion for new trial is sustained or a plea of guilty is withdrawn.
Resolution:
The date the case is bound over, the preliminary hearing is waived, an indictment is filed, the trial court enters a finding of guilt, dismissal, or incompetency, the jury reaches a verdict, the prosecutor dismisses the case, the case is transferred to another county on a change of venue or the case is otherwise disposed, whichever first occurs.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Dec. 18, 2008, eff. Jan. 1, 2009.)
17.34 - 17.39 RESERVED
17.40 and 17.41 MEASURING COMPLIANCE WITH STANDARDS
17.40
Compliance with these standards shall be based on the data collected by the office of state courts administrator and evaluated on a circuit basis. Published reports will include the actual achievement of the 90% and 95%
standards. Reports showing the achievement of the local goal time frame will be provided only to the applicable circuit.
(Adopted July 26, 1996, eff. Jan. 1, 1997. Amended Dec. 18, 2008, eff. Jan. 1, 2009.)
17.41
The age of a case at resolution shall be used to determine compliance with the standards.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.42 - 17.44 RESERVED
17.45 IMPLEMENTATION ASSISTANCE
17.45
The Office of State Courts Administrator shall assist courts with implementing these standards. The assistance shall include, but is not limited to, the following:
(a) Provide management reports showing the status of cases;
(b) Provide information and training on effective case management;
(
c) Identify courts needing additional judicial and nonjudicial resources and, as possible, provide these courts with necessary resources.
(Adopted July 26, 1996, eff. Jan. 1, 1997.)
17.46 -17.49 RESERVED