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Clerk Handbooks

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Court Operating Rules

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		Section/Rule:	COR 6
Subject:	Court Operating Rule 6	Publication / Adopted Date:	July 17, 1980
Topic:	Model Local Court Rules	Revised / Effective Date:	July 1, 2022

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Court Operating Rule 6

6.01 Table of Contents
6.02 Duplication of Local Court Rules
6.03 Distribution
6.04 Model Local Court Rules
6.05 Adoption and Filing of Local Court Rules

6.01 Table of Contents

The organization of the local court rules shall conform to the following table of contents:

ADMINISTRATION

1. Divisions of Court.
2. Hours and Terms of Court.
2.1 Hours of Court.
2.2 Terms of Court.
2.3 Law Days.
2.4 Particular Matters on Particular Days.
3. Pleadings.
3.1 Caption.
3.2 Style.
4. Filing of Cases.
4.1 Criminal Cases.
4.2 Civil Cases.
4.3 Probate Cases.
4.4 Juvenile Cases.
4.5 Small Claims Cases.
4.6 Municipal Cases.
5. Fees and Costs.
5.1 Filing Fee and Cost Deposit.
5.2 Costs.
5.3 Witness Fees.
5.4 Waiver of Fees.
5.5 Motion for Security.
6. Assignment of Judges, Cases, and Transfer of Cases.
6.1 Assignment to Associate Circuit Judges.
6.1.1 By Local Court Rule or Order.
6.1.2 Special Assignment.
6.2 Assignment to Circuit Judges.
6.3 Certification to Circuit Division.
6.4 Trial De Novo.
6.5 Disqualification of Judge.
6.6 Absence of Judge.
6.7 Absence of Presiding Judge.
7. Withdrawals of Papers from Clerk's Office.
7.1 When Allowed.
7.2 Duplicating Policy.
8. Publication of Dockets.
8.1 Trial Docket.
8.2 Dismissal Docket.
9. Courtrooms.
9.1 Assignment of Courtroom.
9.2 Place of Hearing.
9.3 Use of Counsel Table.
9.4 Courtroom Decorum and Dress.
9.5 Who Is Permitted Within Bar.
10. Court Reporters and Compensation for Same.
11. Recording of Judicial Proceedings.
12. Monies Paid Into Court.
12.1 Bond in Civil Cases.
13. Communications With Court.
13.1 Oral Communications with the Court.
13.2 Written Communications with the Court.

GENERAL RULES

21. Attorneys.
21.1 Resolution of Conflicting Trial Settings.
21.2 Entries of Appearance.
21.3 Conduct of Attorneys.
21.4 Withdrawal of Attorneys.
21.5 Failure of Attorney to Answer Docket Call.
21.6 Appointment of Attorneys.
21.7 Agreement of Attorneys.
21.8 Advice to Clients and Witnesses of Courtroom Procedures.
22. Appointment of Guardian Ad Litem.
23. Transcripts.
24. Exhibits.

PRETRIAL MATTERS

32. Discovery.
32.1 Use of Discovery and Certification to Circuit Division.
32.2 Interrogatories.
32.3 Depositions.
32.4 Motions for Sanctions.
32.5 Criminal Discovery.
33. Pretrial Motions.
33.1 Hearing Dates.
33.2 Briefs in Support of Motions, When Required.
33.3 Oral Arguments - When Desired and How Requested.
33.4 Motions In Limine.
34. Continuances.
34.1 Civil Cases.
34.2 Criminal Cases.
35. Pretrial Conferences.
36. Setting Cases for Trial (See Rule 67.10).
36.1 Request for Trial.
36.2 Date of Calendar Call.
36.3 Preparation of Calendar.
36.4 Calendar Call.
36.5 Removal and Inactive Calendar.
36.6 Revision of and Removal from Prepared Calendar.
36.7 Special Assignments.
37. Dismissals.
37.1 Dismissal Docket.
37.2 Reinstatement of Cause.

SETTLEMENT AND DEFAULT

41. Settlement.
41.1 Notice of Settlement.
42. Default.

TRIALS

51. Court-Tried Cases.
51.1 Default and Uncontested Matters.
51.2 Contested Matters.
51.3 Preparation of Findings of Fact and Conclusions of Law.
52. Selection of Jury.
52.1 Jury Questionnaires.
53. Jury Trials.
53.1 Instructions.
53.2 Closing Arguments.
54. Judgment Entry.
54.1 Contested Cases.
54.2 Default or Uncontested Cases.

RULES RELATING TO PARTICULAR ACTIONS

61. Adoption.
61.1 Filing Requirements.
61.2 Home Study.
62. Drivers' Cases.
62.1 Applications for Hardship Driving Privileges.
62.2 Petitions for Review.
62.3 Breathalyzer Test.
63. Associate Division Cases.
64. Cases Arising under Chapters 207 and 208, RSMo 1978 (Commonly Known as Title IV-D and H.B. 601 Actions).
65. Civil Commitment.
66. Condemnation.
67. Criminal Cases.
67.1 Pretrial Release.
67.1.1 Motions to Set Bond and for Bond Reduction.
67.1.2 Deposit of Operator's License.
67.2 Preliminary Hearing.
67.3 Grand Jury.
67.4 Attorneys.
67.5 Arraignments.
67.5.1 In General.
67.5.2 Dates.
67.6 Discovery.
67.7 Motions.
67.8 Plea Bargaining.
67.9 Guilty Plea.
67.9.1 Where Entered.
67.9.2 Petition to Enter a Plea of Guilty.
67.10 Calendar.
67.11 Probation and Parole.
68. Dissolution of Marriage.
68.1 Filing Requirements.
68.2 Separation Agreement.
68.3 Forms of Decree.
68.4 Filing of Financial Statements.
68.5 Modification of Decree.
69. Municipal Division.
69.01 Determining Indigent Status in Municipal Division Cases (Adopted Sept. 19, 2016)
70. Partition.
71. Administrative Reviews.
72. Probate.
73. Small Claims.
74. Trust Estates.
74.1 Inventory.
74.2 Reports.
74.3 Record.
74.4 Audit.
75. Mediation in Domestic Relations and Paternity Cases

75.1 Mediation Program.
75.2(A) Voluntary Election to Mediate Contested Issues in Domestic Relations and Paternity Cases.

75.2(B) Mandatory Mediation of Contested Issues in Domestic Relations and Paternity Cases.
75.3 Appointment of Mediators.
75.4 Qualifications of Mediators.
75.5 Duties of Mediators.
75.6 Termination of Mediation.
75.7 Confidentiality of Mediation.
75.8 Representation by Counsel and Attendance of Counsel.
75.9 Costs.
75.10 Failure to Appear.

POST TRIAL

81. Execution.
82. Garnishment.
83. Judicial Sales.

INTERNAL ORGANIZATION

100.
100.1 Presiding Judge.
100.1.1 Election.
100.1.2 Duties of Presiding Judge.
100.1.3 Dispute Resolution - Procedure.
100.2 Local Court Rules.
100.2.1 Formulation.
100.2.2 Publication.
100.3 Library Fund.

RECORDS AND FILES

100.4 Storage of Records.
100.4.1 Reproduction, Preservation, Archival Storage and Disposal of Original Circuit Court Files (and Their Contents).
100.4.2 Reproduction and Preservation of Court Records Other than Files (and Their Contents).
100.4.3 Responsibility for Indexing and Preserving Court Reporter Notes.
100.4.4 Identification of Reporter's Notes.
100.4.5 Index.
100.4.6 Storage of Notes.
100.4.7 Notes of Substitute Reporters.
100.4.8 Storage of Notes upon Retirement, Termination or Death of Court Reporter.
100.4.9 Boxing and Storing of Old Notes.
100.4.10 Responsibility for Furnishing Materials and Space for Storage of Court Reporter Notes.
100.4.11 Procedure for Examination of Criminal Records.
100.4.12 Procedure for Expunging and Closing Criminal Records.
100.5 Clerk's Duties.
100.5.1 Monies Paid Into Court.
100.6 Selection of Veniremen.

This table of contents must be reproduced at the beginning of the local court rules and then repeated in the body of the rules. For example, the body of the rules would read as follows:

74. Trust Estates
(No local rule.)
74.1 Inventory
(No local rule.)

6.02 Duplication of Local Court Rules

Local court rules shall be duplicated on 8 1/2 by 11 paper with three holes punched in the left margin. The holes shall be 1/4" in diameter and shall be spaced 4 4/14" on center in order to allow the local court rules to be filed in a standard 3-ring binder. The left margin shall be 1 1/2". The rules may be printed or typed. If the rules are typewritten, the table of contents shall be double-spaced and the text of the rules shall be single-spaced. The date of the rule also shall be typed four lines up from the bottom of the page, on the right-hand side.

6.03 Distribution

The presiding judge of the circuit is responsible for printing, assembling, distributing, and making the local court rules available, including advising attorneys of their availability. The presiding judge shall see that copies of the rules are distributed to all attorneys within the circuit and are available in the circuit clerk's office in each county for other attorneys who request them.

6.04 Model Local Court Rules

Included in this order are proposed model local court rules. These materials are for informational purposes only and their adoption as local court rules is not mandatory.

6.05 Adoption and Filing of Local Court Rules

All local circuit court rules shall be approved both by the presiding circuit judge and a majority of the circuit court, en banc, consisting of all circuit and associate circuit judges of the circuit. Except as provided in Administrative Rule No. 14, no local circuit court rule shall require a circuit judge to hear cases governed by Supreme Court Rule 37 or chapters 479, 482, 517, 534, 535 or 543, RSMo, other than upon trial de novo, unless the circuit judge consents to hear such cases. The clerk of the Supreme Court shall not file any local circuit court rule failing to comply with the provisions of this Administrative Rule No. 6.05.

(Adopted effective July 1, 1996; Amended May 29, 2018, effective July 1, 2018.)