Municipal Clerk Manual – Courts with JIS - Chapter 1 -Administrative Procedures: Record Keeping Procedures

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	1.2
Subject:	Chapter 1 -Administrative Procedures	Publication / Adopted Date:	September 1995
Topic:	Record Keeping Procedures	Revised / Effective Date:	September 2017

Municipal Clerk Manual
Courts With 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 2017

INTRODUCTION

Section 479.070 RSMo provides that the municipal judge:

"...shall keep a docket in which he shall enter every case commenced before him and the proceeding therein and he shall keep such other records as required. Such docket and records shall be records of the circuit court. The municipal judge shall deliver said docket and records and all books and papers pertaining to his office to his successor in office or to the presiding judge of the circuit."

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.

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

DOCKET/BACKER SHEET (COR 4.08)

Docket sheets or backer sheets are official court records 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. Clerks shall be responsible only for docket entries into the automated system. They shall not be responsible for entries on a manual docket sheet. JIS maintains the clerk’s docket sheet electronically (not necessary to maintain a separate copy) and may be printed as needed. To ensure the proper disposition of all cases 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.

The calendar will also be displayed on Case.net – Scheduled Hearing & Trial Search allowing public and attorney access.

DISMISSAL DOCKET

Establishment of a dismissal docket is a best practice which allows courts to maintain control of inactive cases and establish a process to close them or continue judicial processing. Each circuit court should manage the movement of all cases from the time of filing of the first pleading through final disposition. Each municipality may implement policies and procedures to include:

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:

Time frames for the completion of critical steps in the litigation process, including discovery;

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;

Commencement of trials on a date certain, scheduled with adequate notice to all parties; and

Firm, consistent policies for minimizing continuances.

When so directed by the judge, the clerk shall prepare a dismissal docket, consisting of cases in which the claimants, whether plaintiff or defendant, have taken no action to prosecute their claims for a period as defined by the presiding judge. The dismissal docket should be sent to the attorney of record or to the party if not represented.

The dismissal docket should be sent approximately four weeks in advance of the date on which the dismissal docket will be called.

If the claimant's attorneys do not contact the judge of the appropriate division on or before the call of the dismissal docket and secure an order removing their case from the dismissal docket, the cases on the dismissal docket will be dismissed without prejudice for failure to prosecute.

It is recommended that a schedule be established for monthly dismissal dockets or as specified in Local Court Rules as established by the Circuit.

CLERK’S DUTIES/PROCEDURES

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.)

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD) is used to maintain the case docket record in JIS. Several docket codes have been approved for use in JIS. Codes can be added to CDADOCT in the following ways:

Codes can be added directly on CDADOCT by clicking on the Docket LOV button and selecting the appropriate code.

JIS will automatically add docket codes to CDADOCT as part of the process of completing another form. For example, when recording the outcome of a scheduled event on CDAEVNT, the docket code used to complete the event will appear on CDADOCT.

Depending upon the case type, JIS will also automatically enter docket codes on CDADOCT as part of the case initiation process.

2. Prepare a Court Docket Sheet as Needed (See Procedures: Circuit Court Docket Sheet in GOLD)

Use OSCA reports, Circuit Daily, Circuit Court Docket Sheet to generate docket sheet by case ID.

3. Prepare the judge’s docket or backer sheet(s) when the case is filed. (See Procedures: Generating a Letter through CZRLMRG in GOLD)

Use the Letter Code of JUDKSHT for a Judge’s Docket Sheet

Use the Letter Code of BKRSHT for a backer sheet

Print backer sheet and attach citation.

4. Prepare a Circuit Court Calendar as Needed. (See: Circuit Court Calendar and Procedures: Circuit Court Calendar in GOLD)

Use OSCA reports, Circuit Daily, Circuit Court Calendar to generate the calendar.

Note

: The OSCA Report, Circuit Court Docket Sheet, is the official record of case parties, docket entries, and orders for traffic cases.

Dismissal Docket

1. Use CZADISM – Dismissal Processing (See Procedures: Dismissal Processing CZADISM in Gold) to identify a list of cases that have had no activity and are due for dismissal based on local court rule.

2. Complete the following fields in the control block: (the only required fields are “Filed Before” and “No Activity Since”)

Court Type

Location Type

Date Filed Before (enter a date to limit the report to cases filed before a specific date)

No Activity since (enter a date as defined by local court rule)

Click in the bottom section of the page to activate the search

3. Select the cases that will be set for dismissal or select all in the navigation pane.

Select Event in the navigation pane

Event Code SCDH – Dismissal Hearing

Complete the location code, room code, Judge ID, date and time.

4. Select docket in the navigation pane

Add information regarding why the case has been scheduled for a dismissal hearing, reference local court rule.

5. If there are parties that are not represented by an attorney, they will need to receive a Notice of Hearing by mail. Parties represented by an attorney will receive an enotice of the hearing.

Select CZRLMRG in the navigation pane to create the Notice of Hearing

OSCA Reports
Circuit Court Docket Sheet
Circuit Court Calendar

Forms
COR 4 Backer Sheet