Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Continuance

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	2.9
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	November 2009
Topic:	Continuance	Revised / Effective Date:	October 2017

Municipal Clerk Handbook
Courts with JIS
Chapter Two - Pre-Trial/Trial Procedures

2.9 – Continuance

References
Statutes: 545.710, 545.720, 545.730 and 545.740 RSMo
Supreme Court Rules 37.56 and 43.02(b)
Court Operating Rules: N/A
Publication Date: November 2009
Revised Date: October 2017

Introduction

A continuance is the delay and rescheduling of a court proceeding.

An application for continuance in an ordinance case is made by a written motion. However, in some instances the request may be made orally.

Local court rules and/or policies should be consulted regarding continuance procedures. It is the responsibility of the Court to notify parties of the continuance.

Clerk’s Duties/Procedures

Courts Accepting Paper Filings

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Filing the Request for Continuance

1. Date file stamp any written application, agreement or motion for a continuance when received. See Court Clerk Handbook section 100.02, Date File Stamp

Note:

If the continuance application is made orally by the defendant or attorney for the defendant, proceed to

step 5.

2. CDADOCT - Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 Use the following docket code:

MCONT – Motion for Continuance, to indicate the request for continuance is in writing by application, agreement or motion.

2.2. Associate the filing party to the docket code.

3. If the continuance is denied, notify the parties that the case is set for the originally scheduled court date.

3.1 Use the following docket code:

MDENY – Motion Denied

4. If the continuance is granted.

4.1 Use the following docket code:

MGRAN – Motion Granted/Sustained

4.2. Associate the ruling docket code to the original motion code.

(See Procedures:

Docket Association in GOLD

)

5. CDAEVNT - Custom Event Docketing (See Procedures: Reschedule Events in GOLD)

5.1

Use the following docket code:

HRCN – Hearing Continued/Rescheduled, to indicate the event is continued.

Enter the appropriate site defined information.

Schedule the continued event.

Note:

Entering site defined information will allow the court to track the number of continuances granted, including requestor and reason for continuance by displaying the information on the OSCA Reports Circuit Court Calendar.

6. Notify the parties of the new court date.

ote: If the parties are not in the courtroom generate a Notice of Entry in

OSCA Reports

(

See

Procedures:

Notice of Entry in GOLD

)

2.9 – Continuance
Page 4 of 4

Courts Accepting eFiled Documents

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Note: Multiple submissions for a single case may be pending in the case import queue. If there are multiple subsequent (non-initiating) submissions to be processed for a single case, the message will read, “There are multiple records associated to this filing. Do you want to see all related records?” Respond either by choosing “Yes,” to display all filings or “No” to process only this filing.

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note:

If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1 Verify the document was submitted on the correct case.

1.5.2 Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

2. If the document meets your local court standards, access CWACTRI by double clicking on the selected record or by clicking on Details in the navigation pane of CWICTCQ.

3. CWACTRI – Case Import (See Electronic Case Import: Case Import (CWACTRI) – Procedures: Accepting an eFiled Case in GOLD)

Note:

A Save must be performed following each step below:

3.1 Verify and accept the following docket codes as appropriate:

MCONT – Motion for Continuance

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

3.4 Accept Dockets

3.5 Accept Submission in the Navigation pane.

4. CWACTDE – Complete Submission (See Electronic Case Import: Case Import Event (CWACTDE) Procedures in GOLD)

4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to

CWACTDE

before your submission is successfully completed.

Note:

Once case processing is completed, save and select the Red Door Icon to exit

CWACTDE

at which point the case number will pop up in a notification box stating the case has been accepted.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 If the continuance is denied, notify the parties that the case is set for the originally scheduled court date.

5.2 Use the following docket code:

MDENY – Motion Denied

6. If the continuance is granted;

6.1 Use the following docket code:

MGRAN – Motion Granted

6.2 Associate the ruling docket code to the original motion code.

(See Procedures: Docket Association in GOLD)

7. CDAEVNT – Custom Event Docketing (See Procedures: Reschedule Events in GOLD)

7.1

Use the following docket code:

HRCN – Hearing Continued/Rescheduled, to indicate the event is continued.

Enter the appropriate site defined information.

Schedule the continued event.

Note:

Entering site defined information will allow the court to track the number of continuances granted, including requestor and reason for continuance, by displaying the information on the OSCA Reports Circuit Court Calendar.

8. Notify the parties of the new court date and time

Note:

If the parties are not in the courtroom generate a Notice of Entry in OSCA Reports and send to the appropriate parties.

(See Procedures: Notice of Entry in GOLD)