Don't Backdate Judgments for Civil, Probate and Juvenile Cases
Don't Backdate Judgments for Civil, Probate and Juvenile Cases (Criminal Cases Can be Backdated)
Under Supreme Court rules 74.01 (civil and probate case types) and 119.01 (juvenile case types) a judgment is rendered when entered. This means when judgments are entered into the case management system, the docket entry filing date should be the current date and never backdated.
The docket entry filing date of the judgment is important for appeal purposes. When judgments are backdated to a date prior to the actual date of entry in the case management system, the amount of time litigants have to appeal the judgment is reduced by the number of days the judgment is backdated. For example, if a judgment is entered into the case management system today but a clerk backdates the entry three days, the litigant's 10-day period to file an appeal has been reduced to seven days.
Below is additional information:
Under Supreme Court rules 74.01 (civil and probate case types) and 119.01 (juvenile case types) a judgment is rendered when entered. This means when judgments are entered into the case management system, the docket entry filing date should be the current date and never backdated.
The docket entry filing date of the judgment is important for appeal purposes. When judgments are backdated to a date prior to the actual date of entry in the case management system, the amount of time litigants have to appeal the judgment is reduced by the number of days the judgment is backdated. For example, if a judgment is entered into the case management system today but a clerk backdates the entry three days, the litigant's 10-day period to file an appeal has been reduced to seven days.
Below is additional information:
- Courts can backdate other docket entries for these case types as needed. (Criminal cases can be backdated.)
- Courts will use the date the judgment is entered into the case management system as the docket entry filing date even if the date is different than the judge's signed date and/or file stamp date.
- File stamp the day the clerk receives the judgment from the judge. It is best to enter it the same day so there is no confusion about the date. But a judgment has three components under rule 74.01: A judgment is rendered when entered, a judgment is entered when a writing signed by the judge and denominated “judgment,” or “decree” is filed.
- Provide attorneys a file stamped copy of the signed judgment in court if requested, even if it will not get entered in Show-Me Courts the same day.
- Courts should not change entries for previous or existing judgments.