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Clerk Handbooks
Court Operating Rules



Section/Rule:
COR 6

Subject:
Court Operating Rule 6
Publication / Adopted Date:
July 17, 1980

Topic:
Proposed - Model Local Court Rules
Revised / Effective Date:
July 1, 2022
MODEL LOCAL COURT RULES

ADMINISTRATION


RULE 1. DIVISIONS OF COURT
(ALTERNATIVE 1)

There shall be __________ divisions of court which shall be divided as follows:
(ALTERNATIVE 2)

There shall be __________ divisions of court which shall be divided as follows:

____________ County:


RULE 2. HOURS AND TERMS OF COURT

2.1 HOURS OF COURT

All sessions of court shall begin at ________ time, unless noted below:
(ALTERNATIVE 1)

(Specify starting times for particular functions, i.e. Law Days will begin at 8:30 A.M.)
(ALTERNATIVE 2)

(Specify time according to geographic location, i.e. court will begin at 9:00 A.M. in Y City.)

The following hours are established for the clerk's office:

The court is open five days a week, Monday through Friday, for the purpose of filing papers in the clerk's office. The clerk's office is deemed always open.

The court will observe the following holidays:

(Because different circuit courts observe different holidays, please list the holidays that will be observed in your circuit.)

1. The circuit court of each county of the circuit shall be in continual session as provided by Section 478.205, RSMo. To the extent that a term of circuit court may be required or specified by these rules or by any provisions of law, the "terms" of court for divisions ________, ________, and ________ shall be considered as commencing on the dates as hereafter stated:

* (In case any of these days fall on a holiday, court will be held on the day following. For a list of holidays, see Rule 2.1.)

The court shall not be required to convene in any county in the circuit on the first day of any "term" solely because of this rule.

a) in ________ county on the Tuesday after the second Monday;

b) in ________ county on the Tuesday after the fourth Monday;

(If the circuit division of the circuit court is the only division which holds a law day, this should be specified. Also, if other divisions of the circuit court hold a law day, either formally or informally, this should be specified.)

[This section should detail the matters to be heard on any term days, law days, motion days, or any other special days established by the local court rules. This rule will include a listing of the matters to be heard, the order established for hearing them, the time they will be heard, and the procedures that must be complied with in order to get a matter heard. This rule should also mention if the clerk will distribute a docket. Finally, the discretion vested in the judge for hearing a matter on another day or calling a matter for hearing on a special day should be mentioned.

Because of the divergence in the local court rules on this topic, no model rule was formulated.]


RULE 3. PLEADINGS

(Name)______________________ )
)
(Address)____________________ )
)
(City)_______________________, )
)
Plaintiff, )
) Case No. __________
vs. )
)
(Name)** ________________, )
)
(Address)*** _____________, )
)
(City) ______________________, )
)
Respondent. )

* If the party is required to state the nature of the action on the pleading, he should be directed to do so under this section.

** 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.

*** If defendant has a rural route, give directions or a P.O. Box number on the petition.

All pleadings and motions intended for filing in any case shall be legibly written on one side of the paper only, either typewritten or printed, double-spaced, on 8 1/2 by 13 inch paper with a top and left-hand margin of at least one inch; shall be signed by the party or his attorney offering the same for filing together with the address, telephone and bar identification numbers of the trial attorney in the case; 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 sheet, shall be securely bound at the top and with page numbers at the bottom. Paragraphs of pleadings shall be numbered consecutively. An attorney offering a paper 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 on said paper. (The attorney whose signature is affixed to the pleading or paper shall be deemed to be the trial attorney in the case.) Where service of summons or other pleading is requested a copy of the pleading for each party to be served shall be filed and shall include the address for each party to be served.

All pleadings, motions and papers (except the original petition) offered for filing in any case shall be accompanied by a memorandum setting forth the proposed minute entry to be made by the clerk upon filing. In the event the paper offered consists solely of a minute entry, no additional memorandum shall be necessary.]


RULE 4 FILING OF CASES 1
CRIMINAL
(ALTERNATIVE 1)

There shall be a central filing room in the office of the circuit clerk where all cases and pleadings, motions and papers related thereto shall be filed, except traffic and municipal ordinance violations. (Refer to conservation and water safety matters if necessary.)
(ALTERNATIVE 2)

The circuit has adopted a decentralized filing system, and the following matters should be filed as designated:
CIVIL
(ALTERNATIVE 1)

There shall be a central filing room in the office of the circuit clerk where all cases and pleadings, motions, and papers related thereto shall be filed, except small claims.
(ALTERNATIVE 2)

All civil cases to be initially heard on the record, including a) uncontested dissolution of marriage, legal separation or separate maintenance proceedings; b) uncontested motions to modify decrees of dissolution of marriage, legal separation, separate maintenance, child custody and child support; c) proceedings for change of name; d) juvenile proceedings [in counties of less than 70,000 inhabitants]; e) uncontested proceedings for the approval of settlement of suits involving claims by persons under 18 years of age; f) uncontested actions involving the title to real estate; and g) all civil actions where the sum demanded, exclusive of interest and costs, does not exceed $5,000; and all actions against any railroad company to recover damages for killing or injuring animals, where the plaintiff at the time of filing so designates in writing, shall be filed with the circuit clerk of the appropriate county.

All civil cases to be heard initially not on the record, including a) all civil actions where the sum demanded, exclusive of interest and costs, does not exceed $5,000 and all actions against any railroad company to recover damages for killing or injuring animals, unless the plaintiff designated in writing at the time of filing, that the case is to be heard on the record; b) all cases of misdemeanor or infraction, except as otherwise provided by law; c) felony cases prior to the filing of the information; d) municipal ordinance violation cases of a municipality which has not provided for a municipal judge; e) "small claims" cases; f) other cases that could be heard and determined by a magistrate judge without assignment as an active circuit judge under provisions of law and in effect on January 1, 1979, including but not limited to replevin, attachment and mechanic's lien actions where the recovery sum is less than $5,000; g) actions for unlawful detainers authorized by Chapter 534, RSMo; h) actions for rent and possession authorized by Chapter 535, RSMo; i) petitions for review of driver's license revocations and for hardship driving privileges; [j) cases that a circuit judge can hear in chambers when the circuit judge is absent from the county of less than 70,000 inhabitants;] and [k)] other cases as may otherwise specifically be provided by law for associate circuit judges to hear and determine,2 shall be filed with the division clerk of the associate division of the appropriate county.3

[The model rule for 4.3 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether probate matters should be filed with the division clerk or the clerk of the probate division. Similarly, each circuit would need to note which probate cases are heard by which judge.]

[The model rule for 4.4 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether juvenile matters should be filed with the division clerk or the clerk of the juvenile division. Similarly, each circuit would need to note which juvenile cases are heard by which judge.]

[The model rule for 4.5 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether small claims matters should be filed with the division clerk or the clerk of the small claims division. Similarly, each circuit would need to note which small claims cases are heard by which judge.]

Municipal ordinance violation cases shall be filed with the clerk of the appropriate municipal division when that municipality has made provisions for a municipal judge as provided by law. If the municipality has not made such provisions, the filing shall be with the clerk of the appropriate division presided over by the associate circuit judge. (Insert the central filing clerk from the associate division if appropriate.) Municipal traffic violation cases may be disposed of in the Municipal Traffic Violations Bureau in the cities of _____________, in accordance with Section 479.050, RSMo 1978.


RULE 5 FEES AND COSTS:

In all cases filed in this circuit there shall be deposited with the appropriate clerk, for which he shall give his receipt, the following sums:

[No model rule.]


RULE 6. ASSIGNMENT OF JUDGES, CASES AND TRANSFER OF CASES


RULE 7. WITHDRAWALS OF PAPERS FROM CLERK'S OFFICE


RULE 8. PUBLICATION OF DOCKETS


RULE 9. COURTROOMS


RULE 10. REPORTERS AND COMPENSATION FOR SAME

Preparation of any transcript on appeal by an official court reporter shall not begin until the person ordering such transcript makes a cash deposit with the reporter of such amount as the reporter reasonably estimates such transcript will cost. In the event any cash deposit exceeds the cost of the transcript ordered, the excess shall be refunded to the person who ordered the transcript upon its completion. In the event the deposit is insufficient to pay for a transcript, the remaining unpaid portion of the cost shall be due upon the delivery of the transcript to the person who ordered it prepared. Payment will be made to the reporter who prepared it.

Preparations of a typewritten transcript of a record preserved by electronic recording device shall not begin until the clerk is paid a sum sufficient to cover the estimated cost of this work. The estimated charge will vary depending upon how the typewritten copy is to be prepared.

If the appellant desires the circuit clerk to forward the material to the office of state courts administrator for transcribing, the estimated cost will be based on rates authorized for transcripts prepared by an official court reporter. If the appellant desires to make arrangements for his own typist to prepare the transcript, the deposit required will be based on the estimated cost of having clerk personnel supervise the copying of the tape which was used to electronically record the proceedings. It is the responsibility of the appellant to pay this amount upon being presented with a bill by the circuit clerk. (See Rules 11 and 23.)


RULE 11. RECORDING OF JUDICIAL PROCEEDINGS

[No model rule.]

RULE 12. MONIES PAID INTO COURT


RULE 13. COMMUNICATIONS WITH COURT

GENERAL RULES


RULE 21. ATTORNEYS


RULE 22. APPOINTMENT OF GUARDIAN AD LITEM


RULE 23. TRANSCRIPTS


RULE 24. EXHIBITS

PRE-TRIAL MATTERS


RULE 32. DISCOVERY


RULE 33. PRETRIAL MOTIONS


RULE 34. CONTINUANCES


RULE 35. PRETRIAL CONFERENCE


RULE 36. SETTING CASES FOR TRIAL

RULE 37. DISMISSALS

SETTLEMENT AND DEFAULT


RULE 41. SETTLEMENT


RULE 42. DEFAULT

(See Rules 2.4, 33 and 5.) [No model rule.]

TRIALS


RULE 51. COURT-TRIED CASES


RULE 52. SELECTION OF JURY
(ALTERNATIVE 1)
(ALTERNATIVE 2)


RULE 53. JURY TRIALS


RULE 54. JUDGMENT ENTRY

RULES RELATING TO PARTICULAR ACTIONS


RULE 61. ADOPTIONS


RULE 62. DRIVERS' CASES


RULE 63. ASSOCIATE DIVISION


RULE 64. CASES ARISING UNDER CHAPTERS 207 AND 208, RSMO, 1978 (COMMONLY KNOWN AS TITLE IV-D AND H.B. 601 ACTIONS)


RULE 65. CIVIL COMMITMENT


RULE 66. CONDEMNATION


RULE 67. CRIMINAL CASES
(ALTERNATIVE 1A)
(ALTERNATIVE lB)
(ALTERNATIVE 2)


RULE 68. DISSOLUTION OF MARRIAGE


RULE 69. MUNICIPAL DIVISION

(Adopted Sept. 19, 2016, )

RULE 70. PARTITION

[No model rule.]


RULE 71. ADMINISTRATIVE REVIEWS


RULE 72. PROBATE


RULE 73. SMALL CLAIMS


RULE 74. TRUST ESTATES
RULE 75. MEDIATION IN DOMESTIC RELATIONS AND PATERNITY CASES
POST TRIAL


RULE 81. EXECUTION

Executions shall not be issued by the clerk except upon written application therefor verified by the oath of the judgment-creditor or his attorney. The written application shall contain the following:

________ dollars to apply toward sheriffs fees shall be paid to the clerk at the time of filing the application.


RULE 82. GARNISHMENT

[No model rule.]


RULE 83. JUDICIAL SALES

[No model rule.]

INTERNAL ORGANIZATION


RULE 100

100.4 STORAGE OF RECORDS


RULE 100.5 CLERK'S DUTIES


RULE 100.6 SELECTION OF VENIREMEN

Appendix A
STATEMENT OF PROPERTY

In Re The Marriage of:

________________________________
PETITIONER

and No. ______________________

________________________________
RESPONDENT

STATEMENT OF PROPERTY
______________________________
Name
______________________________
Social Security Number
I. Property
Present
Value
How *
Acquired
Date Acquired
Amount
Owed
A Real Estate - list any and all interests held in real estate (include address, legal description and name of mortgagor)
_____________________
_____________________
_____________________
_____________________
_____________________		$$
B. Motor Vehicles (include all automobiles, boats, trailers, aircraft, recreational vehicles and campers and give year, make, model and serial number and name of each mortgagor).
_____________________
_____________________
_____________________
_____________________
_____________________
C. Bank Accounts - list all checking and saving accounts held either in your name alone or in your name and that of another person. Give the name of the institution, the names on the account and the account number. Be sure to include here all time deposits and certificates of deposit, etc.
___________________________
___________________________
___________________________
___________________________
___________________________		$$
D. Household Goods - include all appliances, furniture, silver, antiques, televisions, stereos, etc. Attach list of each item with a value of at least $100 or more showing present value, how acquired, date acquired, and amount owed.

E. Personal Goods - include jewelry, furs, guns cameras, coin and stamp collections, fishing and camping equipment, etc. Attach a list of each item with a value of at least $100 or more showing present value, how acquired, date acquired, and amount owed.

F. Cash on Hand – list only that in your possession.

G. Securities – list all stocks, bonds, promissory notes, mortgages and all other such property in which you have an interest and give the names in which the securities are held and identification numbers, if any.
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________

H. Life Insurance - list the kind of policy, name of issuing company, policy number, owner of policy, insured, beneficiaries, face value and cash surrender value of the policy, if any (include any policies furnished by your employer)
___________________________
___________________________
___________________________
___________________________
$
XXXXX








XXXXX
XXXXX








XXXXX
XXXXX

















$
I. Retirement, Pension and/or profit Sharing Plans - list name of the company and its present total value and percentage vested.
___________________________
___________________________

J. Any Interest in any trust - give name of the trust, name of the trustee, name of settlor, name of beneficiaries, nature of the interest you have in the trust and attach to this list a copy of the trust instrument.
___________________________

K. Any Interest in a contract mad but not yet performed list the parties to the contract and the expected date of performance, if any.
___________________________

L. Any Interest in any Pending Litigation or Suits yet to be filed.
___________________________

M. Any Interest in any farm equipment, animals, or crops - give the nature of the property and its location.
___________________________

N. Any debt owed to you by others - list the name of the debtor, any security, date of loan and due date, if any, etc.
__________________________

O. Future Interest - list the interest you hold, the property involved and the present owner.
__________________________		$$
P. Partnership Interest - (list the name of partners and percentage interest). Attach a copy of the partnership agreement or set forth its terms with assets and liabilities.
___________________________

Q. List any other asset not already listed herein
___________________________
___________________________
* How acquired - state whether the property was purchased, inherited, etc. See also Section 452.330.2, RSMo, which defines “marital property” and which lists exceptions to the rule that property acquired by either spouse subsequent to the marriage is “marital property.” For example, property acquired by gift or inheritance is excluded.
II DEBTSCurrent BalanceMonthly
Payment
A. List all loans from any bank or lending institution to you. Show who signed the loan, the date of the loan, and give the name and address of the loan and the outstanding balance.
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

B. List all credit card balances and store charges - show the name on the credit card.
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________		$















$		$















$
C. Other Indebtednesses - Show to whom.
_____________________________________________
_____________________________________________
_____________________________________________
_________________________________________

__________________________________________
Statement of Income and Expenses


STATEMENT OF INCOME AND EXPENSES OF

______________________________
Name
______________________________
Social Security Number



______________________________
______________________________


1This section notes the type of filing system adopted by the circuit and delineates where cases should be filed. If the circuit has adopted a centralized filing system, then this should be stated in the local rules with a notation that sets forth where cases should be filed. Also, there should be a specific reference under each heading stating where cases should be filed that will be handled in the associate division, in the probate division, etc.

Similarly, if the circuit has maintained a decentralized filing system, the location for filing each type of case should be noted under the appropriate heading. Again, there should be a specific reference to the associate division under each heading. Finally, it should be noted that the better practice is to detail the location of filing rather than simply referring to where cases were filed before the implementation of the new judicial article.

2A circuit court, if it so desires, may provide that cases which would be heard and determined by a circuit judge that are automatically assigned to an associate circuit judge by local court rule should be filed with the divisional clerk of the appropriate division presided over by the associate circuit judge. However, the mechanics of recording and reporting these types of cases under these circumstances may present problems with Administrative Rule 4. Consequently, the circuit may decide to only have those cases which an associate circuit judge can hear and determine without assignment as provided for in subsection 2 of Section 478.225, RSMo 1978, filed with the division clerk and have the circuit clerk forward those files to an associate circuit judge in other instances.

3 Another alternative is to provide that the case "shall be filed at the central filing desk for the associate circuit judges on the (state location)."

4 These fees are required to be paid into the court upon the filing of an action. They are distinguished from court costs.

5 The Presiding Judges' Committee, in consultation with other presiding judges at the June 10, 1980 meeting of the presiding judge in Kansas City, discussed the value to practicing lawyers of having a uniform filing fee in every circuit throughout the state which would assure the commencement of the action and the issuance of summons. If such a uniform filing fee were to be mandated, individual circuits could always require an additional deposit before further proceedings would take place, if desired. However, the uniformity would assure that no statute of limitations would expire because of the inadequacy of a fee mailed to a clerk.

6 Generally, costs represent an assessment by the court in return for a party's use of court services and therefore will differ from case to case and party to party, based upon the use made of the court's services.

7This section is designed to inform the reader of those cases which will be heard by the associate circuit judge regardless of where the cases will be filed. The structure of this section should work regardless of whether the circuit has a centralized or decentralized filing system. See Rule 4. Part 3 of the proposed rule can be lengthened or shortened depending upon the type of "circuit court" cases to be heard by associate circuit judges.

8 If the circuit wishes to incorporate the authority given the presiding judge under Section 478.240, RSMo into the local court rules, § 478.240, RSMo 1978 should be copied here. However, because of a desire to avoid duplicity no model rule was drafted. Also, a rule requiring that a method for recording the proceeding must be established prior to a special assignment is found in some circuits. This is covered by § 478.072, RSMo 1978 which provides that "the method of preserving the record in each such assigned case (to the associate circuit judge to be heard on the record) shall be specified by the assigning judge at the time his order of assignment is entered."

9 Sections 517.0202(2)(3)(4), 517.240, 517.330, 517.340, and 517.063, RSMo 1978 delineate when a case must be certified to the circuit division from the associate division. If a circuit chooses to duplicate these statutes this section would be the appropriate place to include a rule to that effect. However, the committee has determined that no rule is required. If this rule is designed to limit the presiding judges assignment of cases to an associate circuit judge, it should be so stated.

10 Section 512.180 to 512.320, RSMo 1978 generally discuss the right to trial de novo. Sections 543.290 and 548.330, RSMo 1978 also discuss the right to trial de novo in misdemeanor and infraction cases. Unless the circuit wishes to adopt a local rule duplicating these statutes, no rule should be included within this section. However, it should be noted that a circuit cannot abolish the "right" to trial de novo by providing that all cases will be heard on the record, that all cases will be appealed to the appropriate appellate court, or that all cases filed in the associate division are specially assigned to the associate judges for a hearing on the record.

11 If the circuit wishes to delineate the system established for court personnel to check out files, then it should be explained at this point.

12 This section should inform the reader of the type of case that is subject to being placed on the dismissal docket. As written, the model rule is designed to cover all cases pending in the circuit court. However, if a circuit chooses to only consider for inactivity dismissal of those cases pending in the circuit division the rule could read as follows: "The clerk shall each six months, on or about June 1 and December 1 of each year, prepare a dismissal docket of all civil cases pending in the circuit division in which no activity has been noted on the docket sheet for (Specify time)."

13 If there is more than one courtroom, indicate to which courtroom the attorney is to report.

14 Indicate whether hearings will be in chambers or in open court.

15 If there is specific designation for where the parties should sit, specify this fact at this point. Also, mention who is permitted to sit at the counsel table.

16 This rule is designed to delineate any local customs on courtroom decorum and dress. Thus, if local practice requires counsel to remain at the counsel table while questioning a witness, this rule should be stated under this section. Similarly, if local custom dictates a particular mode of dress for men or women, this should be stated. Further, any other rules related to this topic should be included at this point.

17 Under this section, the circuit may want to consider drafting a rule which states that an attorney or party who sends a written communication to the court is responsible for sending a copy to the opposing counsel. However, no rule was proposed on this topic because of the lack of uniformity in the circuits.

18 Any time limitation established for criminal discovery should be stated in this section. (See also, Rule 32).

19 The cross-reference to Rule 33 should be adequate unless the circuit establishes specific time limitations for criminal motions that it does not have for civil motions. If there are time limitations peculiar to criminal cases, these should be set out under Rule 33 and this section. For example, if all motions in criminal cases must be filed within ten days after arraignment, this time limitation should be discussed under Rule 33 and Rule 67.7.

20 Some circuits specify in great detail the requirements for a dissolution decree. If the circuit desires such a rule, it should be set forth under this section. 21Section 514.470, RSMo 1978 provides that by rule of court a law library fee may be required. Consequently, any local provision requiring the payment of the fee should be contained in the local rule. But, the committee thought this "cost" should be set forth under Rule 100 rather than Rule 5 because other costs were not listed under Rule 5.