First Adopted: February 01, 1972
Most Recently Effective: January 01, 2018
Rule 41 | Rules of Civil Procedure | General
41.01 | Rules – When Applicable
(1) Civil actions pending in this Court and court of appeals;
(2) Civil actions pending before a circuit judge except those actions governed by the probate code;
(3) Civil actions pending before an associate circuit judge sitting as a circuit judge.
(b) Rules 41, 54.18, 55.03, 56, 57, 58, 59, 60, 61, 62, and 67.03 apply to proceedings in the probate division of the circuit court. The judge of the probate division may order that any or all of the other Rules 41 through 101 or specified subdivisions of the rules shall be applicable in a particular matter. Any such order shall specify the rules or subdivisions to be applied and a time for compliance with the order. The order shall be served upon all of the parties.
(c) The transfer of an action from the probate division to the circuit division shall not make subdivisions of Rule 55, except Rule 55.03, applicable unless ordered by the circuit division. Any such order shall specify the subdivisions of Rule 55 to be applied and a time for compliance with the order. The order shall be served upon all of the parties.
(d) Civil actions pending in the associate circuit division shall be governed by Rules 41 through 101 except where otherwise provided by law. No such law shall affect the application of Rule 55.03 or 55.22. When portions of Rule 55 do not apply to an action originally filed in the associate circuit division, the subsequent transfer of the action to the circuit division shall not make those portions of Rule 55 applicable unless ordered by the circuit division. Any such order shall specify the subdivisions of Rule 55 to be applied and a time for compliance with the order. The order shall be served upon all of the parties.
(e) Rule 103 and Court Operating Rule 27 shall apply to all matters subject to electronic filing. To the extent there is a conflict between Rule 103 and Rules 41 through 101, Rule 103 shall apply.
(Adopted February 1, 1972, effective September 1, 1972. Amended May 18, 1973, effective January 1, 1974; amended September 21, 1979, effective March 1, 1980; amended January 25, 1984, effective August 1, 1984; amended January 15, 1987, effective August 1, 1987; amended June 1, 1993, effective January 1, 1994; amended June 21, 2002, effective January 21, 2003; amended January 27, 2011, effective September 1, 2011; amended June 28, 2017, effective January 1, 2018.)