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Municipal Clerk Manual – Courts without JIS



Section/Rule:
1.2

Subject:
Chapter 1 -Administrative Procedures
Publication / Adopted Date:
September 1995

Topic:
Record Keeping Procedures
Revised / Effective Date:
September 2020
Municipal Clerk Manual
Courts Without JIS
Chapter One - Administrative Procedures


1.2 – Record Keeping Procedures

References
Statutes: 479.070, RSMo
Supreme Court Rules: N/A
Court Operating Rules: 4 and 8
Publication Date: September 1995
Revised: September 2020

Introduction

The following sections cover recommended record keeping procedures for municipal divisions. These recommendations are generally consistent with record keeping practices recommended for the circuit and associate circuit divisions.

Section 479.070, RSMo provides the municipal judge:

Court Operating Rule 4.08 requires the municipal division to prepare a docket sheet or a backer sheet for all cases in the municipal division.

Court Operating Rule 4.11 requires courts to maintain a calendar system to facilitate compliance with time requirements established by statute or rule.

Docket/Backer Sheet (COR 4.03 and 4.08)

Docket sheets or backer sheets are official court records for manual case processing divisions, and contain a complete summary of all events in a case including traffic, municipal, conservation and watercraft cases. A backer sheet may be used for cases initiated by uniform citation. All case activity, such as filings of pleadings and any entries of orders and judgments are recorded on the docket or backer sheet by the clerk or the judge.

Note: Orders or judgments entered on the docket sheet(s) or calendar by the judge or by the clerk must be signed by the judge or, if entered by the clerk, supported by a memorandum in the case file signed by the judge. All other entries (i.e., papers filed, notification made, etc.) must be signed or initialed by the clerk.

Divisions with automated case processing systems shall be responsible only for docket entries into the automated system. They shall not be responsible for entries on a manual docket sheet. The docket sheet may be printed as needed, by courts with an automated case management system. To ensure the proper disposition of all cases entered in the municipal division records, the municipal judge should sign the final docket to indicate approval of the recorded disposition.

Note: Orders or judgments entered on the docket sheet(s) or calendar by the judge or by the clerk must be signed by the judge or, if entered by the clerk, supported by a memorandum in the case file signed by the judge. All other entries (i.e., papers filed, notification made, etc.) must be signed or initialed by the clerk.

Court Calendar/Court Docket (COR 4.11)

Pursuant to Court Operating Rule 4.11, the court is to create and maintain a court calendar. The court calendar provides a listing of all events scheduled for a specific date, time, judge, and/or location. The court can list events by calendar type or those scheduled for review or follow-up action. If the calendar is produced for public posting, confidential cases should be excluded from the report. The calendar is often referred to as the court docket.

The calendar is typically prepared a day or two before court and includes information such as the defendant's name, the date of the offense, the charge, and name(s) of the arresting officer(s). In some courts, the judge and the clerk use a copy of the calendar as a worksheet to record the activity in each case during the court hearing. Many courts place all violations bureau (VB) cases on the docket for assistance with case tracking. This practice aids the court with case record keeping after the hearings on the docket are complete.

Clerk's Duties/Procedures

1. Prepare the docket or backer sheet(s) as needed when the case is filed. (See Forms at the end of this section) Include the following information:

2. Prepare a court calendar/court docket with all necessary information.

Forms
COR 4 Backer Sheet