COR 006.01 | Table of Contents

COR 006.02 | Duplication of Local Court Rules

COR 006.03 | Distribution

COR 006.04 | Model Local Court Rules

COR 006.05 | Adoption and Filing of Local Court Rules

Court Operating Rule 06 | Proposed - Model Local Court Rules

RULE 1. DIVISIONS OF COURT

1. DIVISION OF COURT

There shall be __________ divisions of court which shall be divided as follows:

Division One: Circuit
Division Two: Circuit
Division Three: Associate
Division Four: Associate
Division Five: Probate
Division Six: Juvenile
Division Seven: Small Claims
Division Eight: Municipal

There shall be __________ divisions of court which shall be divided as follows:

____________ County:

Division One: Circuit
Division Two: Associate
Division Three: Probate
Division Four: Juvenile
Division Five: Small Claims
Division Six: Municipal

____________ County:

Division One: Circuit
Division Two: Circuit
Division Three: Associate
Division Four: Associate
Division Five: Probate
Division Six: Juvenile
Division Seven: Small Claims
Division Eight: Municipal

RULE 2. HOURS AND TERMS OF COURT

2.1 HOURS OF COURT

All sessions of court shall begin at ________ time, unless noted below:

(Specify starting times for particular functions, i.e. Law Days will begin at 8:30 A.M.)

(Specify time according to geographic location, i.e. court will begin at 9:00 A.M. in Y City.)

The following hours are established for the clerk's office:

_______ A.M. to _______ P.M.

The court is open five days a week, Monday through Friday, for the purpose of filing papers in the clerk's office. The clerk's office is deemed always open.

The court will observe the following holidays:

(Because different circuit courts observe different holidays, please list the holidays that will be observed in your circuit.)

2.2 TERMS OF COURT

1. The circuit court of each county of the circuit shall be in continual session as provided by Section 478.205, RSMo. To the extent that a term of circuit court may be required or specified by these rules or by any provisions of law, the "terms" of court for divisions ________, ________, and ________ shall be considered as commencing on the dates as hereafter stated:

a) in ________ county on the first Monday in the months of ________, ________, ________, ________.*

b) in ________ county on the second Tuesday, the months of ________, ________, ________, ________.*
* (In case any of these days fall on a holiday, court will be held on the day following. For a list of holidays, see Rule 2.1.)

The court shall not be required to convene in any county in the circuit on the first day of any "term" solely because of this rule.

2.3 LAW DAYS

The law day for division _____________ will be held as follows unless otherwise directed by the court:
a) in ________ county on the Tuesday after the second Monday;

b) in ________ county on the Tuesday after the fourth Monday;

[ c) etc. ]

(If the circuit division of the circuit court is the only division which holds a law day, this should be specified. Also, if other divisions of the circuit court hold a law day, either formally or informally, this should be specified.)

To find out what matters are to be heard on law days, see Rule 2.4 "Particular Matters on Particular Days".

2.4 PARTICULAR MATTERS ON PARTICULAR DAYS

[This section should detail the matters to be heard on any term days, law days, motion days, or any other special days established by the local court rules. This rule will include a listing of the matters to be heard, the order established for hearing them, the time they will be heard, and the procedures that must be complied with in order to get a matter heard. This rule should also mention if the clerk will distribute a docket. Finally, the discretion vested in the judge for hearing a matter on another day or calling a matter for hearing on a special day should be mentioned.

Because of the divergence in the local court rules on this topic, no model rule was formulated.]

(See Rules 33, 42, and 51.)

RULE 3. PLEADINGS

3.1 CAPTION

The following caption is required:

In the Circuit Court of ____________ County, at _____________, Missouri

___________ Division

(Name)______________________ )
)
(Address)____________________ )
)
(City)_______________________, )
)
Plaintiff, )
) Case No. __________
vs. )
)
(Name)** ________________, )
)
(Address)*** _____________, )
)
(City) ______________________, )
)
Respondent. )

CAUSE *

Signed (Attorney of Record, or Party)

(Address)_______________
(Telephone Number)_______
(Missouri Bar Number)_____

* If the party is required to state the nature of the action on the pleading, he should be directed to do so under this section.

** If a corporate defendant, also list officer or registered agent in charge with address and telephone number on the petition. If a foreign corporation, also give address of local office and name of officer in charge on the petition.

*** If defendant has a rural route, give directions or a P.O. Box number on the petition.

3.2 STYLE

All pleadings and motions intended for filing in any case shall be legibly written on one side of the paper only, either typewritten or printed, double-spaced, on 8 1/2 by 13 inch paper with a top and left-hand margin of at least one inch; shall be signed by the party or his attorney offering the same for filing together with the address, telephone and bar identification numbers of the trial attorney in the case; shall be captioned with the style and number of the case, the character of the pleadings and motions and, if a petition, the nature of the suit and, if consisting of more than one sheet, shall be securely bound at the top and with page numbers at the bottom. Paragraphs of pleadings shall be numbered consecutively. An attorney offering a paper for filing may sign it on behalf of a law firm or attorney when duly authorized to do so; but he must also subscribe his own signature on said paper. (The attorney whose signature is affixed to the pleading or paper shall be deemed to be the trial attorney in the case.) Where service of summons or other pleading is requested a copy of the pleading for each party to be served shall be filed and shall include the address for each party to be served.

[The following may be added:

All pleadings, motions and papers (except the original petition) offered for filing in any case shall be accompanied by a memorandum setting forth the proposed minute entry to be made by the clerk upon filing. In the event the paper offered consists solely of a minute entry, no additional memorandum shall be necessary.]


RULE 4 FILING OF CASES ¹

4.1 CRIMINAL CASES

There shall be a central filing room in the office of the circuit clerk where all cases and pleadings, motions and papers related thereto shall be filed, except traffic and municipal ordinance violations. (Refer to conservation and water safety matters if necessary.)

The circuit has adopted a decentralized filing system, and the following matters should be filed as designated:

(1) All cases of misdemeanor or infraction should be filed with the division clerk of the associate division.

(2) All complaints charging a felony shall be filed with the division clerk of the associate division of the circuit court.

(3) All indictments shall be filed in the office of the circuit clerk.

4.2 CIVIL CASES

There shall be a central filing room in the office of the circuit clerk where all cases and pleadings, motions, and papers related thereto shall be filed, except small claims.

All civil cases to be initially heard on the record, including a) uncontested dissolution of marriage, legal separation or separate maintenance proceedings; b) uncontested motions to modify decrees of dissolution of marriage, legal separation, separate maintenance, child custody and child support; c) proceedings for change of name; d) juvenile proceedings [in counties of less than 70,000 inhabitants]; e) uncontested proceedings for the approval of settlement of suits involving claims by persons under 18 years of age; f) uncontested actions involving the title to real estate; and g) all civil actions where the sum demanded, exclusive of interest and costs, does not exceed $5,000; and all actions against any railroad company to recover damages for killing or injuring animals, where the plaintiff at the time of filing so designates in writing, shall be filed with the circuit clerk of the appropriate county.

All civil cases to be heard initially not on the record, including a) all civil actions where the sum demanded, exclusive of interest and costs, does not exceed $5,000 and all actions against any railroad company to recover damages for killing or injuring animals, unless the plaintiff designated in writing at the time of filing, that the case is to be heard on the record; b) all cases of misdemeanor or infraction, except as otherwise provided by law; c) felony cases prior to the filing of the information; d) municipal ordinance violation cases of a municipality which has not provided for a municipal judge; e) "small claims" cases; f) other cases that could be heard and determined by a magistrate judge without assignment as an active circuit judge under provisions of law and in effect on January 1, 1979, including but not limited to replevin, attachment and mechanic's lien actions where the recovery sum is less than $5,000; g) actions for unlawful detainers authorized by Chapter 534, RSMo; h) actions for rent and possession authorized by Chapter 535, RSMo; i) petitions for review of driver's license revocations and for hardship driving privileges; [j) cases that a circuit judge can hear in chambers when the circuit judge is absent from the county of less than 70,000 inhabitants;] and [k)] other cases as may otherwise specifically be provided by law for associate circuit judges to hear and determine,² shall be filed with the division clerk of the associate division of the appropriate county.³

4.3 PROBATE CASES

[The model rule for 4.3 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether probate matters should be filed with the division clerk or the clerk of the probate division. Similarly, each circuit would need to note which probate cases are heard by which judge.]

4.4 JUVENILE CASES

[The model rule for 4.4 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether juvenile matters should be filed with the division clerk or the clerk of the juvenile division. Similarly, each circuit would need to note which juvenile cases are heard by which judge.]

4.5 SMALL CLAIMS CASES

[The model rule for 4.5 would follow the pattern established previously. Each circuit would need to modify the rule to reflect whether small claims matters should be filed with the division clerk or the clerk of the small claims division. Similarly, each circuit would need to note which small claims cases are heard by which judge.]

4.6 MUNICIPAL CASES

Municipal ordinance violation cases shall be filed with the clerk of the appropriate municipal division when that municipality has made provisions for a municipal judge as provided by law. If the municipality has not made such provisions, the filing shall be with the clerk of the appropriate division presided over by the associate circuit judge. (Insert the central filing clerk from the associate division if appropriate.) Municipal traffic violation cases may be disposed of in the Municipal Traffic Violations Bureau in the cities of _____________, in accordance with Section 479.050, RSMo 1978.


RULE 5 FEES AND COSTS:
5.1 FILING FEE AND COST DEPOSIT ⁴
In all cases filed in this circuit there shall be deposited with the appropriate clerk, for which he shall give his receipt, the following sums:

Circuit Division

All original civil cases $50.00 ⁵
Each additional defendant $ _________
Publication requirement (additional) $ _________
Guardian Ad Litem (additional) $ _________

Associate Division

All original civil cases $ _________
Each additional defendant $ _________
Small claims by registered mail
Up to $100.00 $5.00
$100.00 to $500.00 $10.00
cost of service shall be paid in advance

Small claims where service by
sheriff requested $ _________
each additional defendant $ _________

5.2 COSTS ⁶

[No model rule.]

5.3 WITNESS FEE

[No model rule.]

5.4 WAIVER OF FEES

[No model rule.]

5.5 MOTION FOR SECURITY

[No model rule.]

RULE 6. ASSIGNMENT OF JUDGES, CASES AND TRANSFER OF CASES

6.1 ASSIGNMENT TO ASSOCIATE CIRCUIT JUDGES

6.1.1 BY LOCAL COURT RULES OR ORDER.

The following cases will be heard by an associate circuit judge not on the record under the procedure applicable under Chapter 517, RSMo:

(1) Civil actions where the sum demanded, exclusive of interest and costs, does not exceed five thousand dollars;

(2) actions against any railroad company to recover damages for killing or injuring animals;

(3) replevin, attachment and mechanic's lien action where the recovery sought is less than five thousand dollars;

(4) actions for unlawful detainer authorized by Chapter 534, RSMo;

(5) actions for rent and possession authorized by Chapter 535, RSMo;

(6) petitions for review of driver's license revocations and for hardship driving privileges;

(7) such other cases that could be heard and determined by an associate circuit judge without assignment as an acting circuit judge under provisions of the law in effect on January 1, 1979.

In addition to the above cases, an associate circuit judge shall hear and determine the following cases:

(1) Cases of misdemeanor or infraction, except as otherwise provided by law;

(2) felony cases prior to the filing of an information;

(3) municipal ordinance violation cases of the following municipalities: (List municipalities) [Only for those cities with a population of under four hundred thousand when provision is not made for a municipal judge];

(4) "small claims" cases as provided in Chapter 482 through Section 482.365, RSMo 1978;

(5) cases that a circuit judge can hear in chambers when a circuit judge is absent from the county [in counties of less than seventy thousand inhabitants.]

The associate circuit judges of this circuit shall hear and determine the following cases on the record under procedures applicable before circuit judges:

(1) Cases arising under the uniform reciprocal enforcement of support act;

(2) cases arising under Chapters 207 and 208, RSMo;

(3) contempt actions for child support enforcement in addition to those arising under paragraphs (1) and (2) above;

(4) approval of settlements in actions involving claims by or on behalf of minors;

(5) change of name proceedings;

(6) appeals from the municipal division;

(7) uncontested dissolutions of marriage, legal separation or separate maintenance proceedings;

(8) uncontested actions involving the title to real estate;

(9) cases assigned to an associate circuit judge by the presiding judge;

(10) adversary proceedings in the probate division.⁷

6.1.2 SPECIAL ASSIGNMENT ⁸
[No model rule.]

6.2 ASSIGNMENT TO CIRCUIT JUDGES

[No model rule.]

6.3 CERTIFICATION TO CIRCUIT DIVISION ⁹

(See Rule 32.1.) [No model rule.]

6.4 TRIAL de NOVO ¹⁰

[No model rule.]

6.5 DISQUALIFICATION OF JUDGE

[No model rule.]

6.6 ABSENCE OF JUDGE

In the absence of the circuit judge of any division, any other circuit judge may sit as the judge of the division in which the judge is absent and perform all the duties of the absent judge. Likewise in the absence of the associate circuit judge of any division, any other associate circuit judge or circuit judge may sit as the judge of the division in which the judge is absent and perform all of the duties of the absent judge.

6.7 ABSENCE OF PRESIDING JUDGE

In the event that the circuit judge who serves as presiding judge pursuant to Rule 100.1.1 is, from time to time, absent from the circuit or is disabled or disqualified from acting in the capacity of presiding circuit judge in any case or matter whatsoever; then, during any such period of absence or disability or as a result of such disqualification, the other circuit judge of this circuit shall be the acting presiding circuit judge and may exercise the responsibilities prescribed by law for presiding circuit judges. Anything herein to the contrary notwithstanding, this rule shall not be interpreted as intending to apply to the type of disqualification referred to in subparagraph 1 of Section 478.240, RSMo 1978, and in Article 5, Section 24, Missouri Constitution.

For a general discussion of the duties of the presiding circuit judge, see Rule 100.1.2.

RULE 7. WITHDRAWALS OF PAPERS FROM CLERK'S OFFICE

7.1 WHEN

No official files of the circuit court or any division thereof shall be removed from the office of the circuit clerk or the office of any division clerk except in the custody of employees of the circuit court ¹¹

7.2 DUPLICATING POLICY

Requests for copies of court records should be directed to __________. No charge shall be made for copies of documents furnished to any city, county, state agency or state department. Parties shall be charged the rate specified below for all other documents requested:

Microfilmed Copies

First page $ ________
Additional pages - per page $ ________

Photocopies

Probate Estate $ ________
All other cases $ ________

Certified and Authenticated Copies

Probate Division $ ________
All other Division $ ________

RULE 8. PUBLICATION OF DOCKETS

8.1 TRIAL DOCKET

The clerk of the court shall prepare a trial docket of all civil and criminal cases that are scheduled to be heard in Division __________. The docket shall be mailed to all attorneys having a case before the court at least five days before the first day of each term or hearing date.

8.2 DISMISSAL DOCKET ¹²

(See Rule 37.) [No model rule.]

RULE 9. COURTROOMS

(See Rule 21.8.)

9.1 ASSIGNMENT OF COURTROOM ¹³

[No model rule.]

9.2 PLACE OF HEARING ¹⁴

[No model rule.]

9.3 USE OF COUNSEL TABLE ¹⁵

[No model rule.]

9.4 COURTROOM DECORUM AND DRESS ¹⁶

[No model rule.]

9.5 WHO IS PERMITTED WITHIN BAR

[No model rule.]

RULE 10. REPORTERS AND COMPENSATION FOR SAME

Preparation of any transcript on appeal by an official court reporter shall not begin until the person ordering such transcript makes a cash deposit with the reporter of such amount as the reporter reasonably estimates such transcript will cost. In the event any cash deposit exceeds the cost of the transcript ordered, the excess shall be refunded to the person who ordered the transcript upon its completion. In the event the deposit is insufficient to pay for a transcript, the remaining unpaid portion of the cost shall be due upon the delivery of the transcript to the person who ordered it prepared. Payment will be made to the reporter who prepared it.

Preparations of a typewritten transcript of a record preserved by electronic recording device shall not begin until the clerk is paid a sum sufficient to cover the estimated cost of this work. The estimated charge will vary depending upon how the typewritten copy is to be prepared.

If the appellant desires the circuit clerk to forward the material to the office of state courts administrator for transcribing, the estimated cost will be based on rates authorized for transcripts prepared by an official court reporter. If the appellant desires to make arrangements for his own typist to prepare the transcript, the deposit required will be based on the estimated cost of having clerk personnel supervise the copying of the tape which was used to electronically record the proceedings. It is the responsibility of the appellant to pay this amount upon being presented with a bill by the circuit clerk. (SeeRules 11 and 23.)


RULE 11. RECORDING OF JUDICIAL PROCEEDINGS

[No model rule.]

RULE 12. MONIES PAID INTO COURT

12.1 BOND IN CIVIL CASES

(See Rule 100.5.1.) [No model rule.]

RULE 13. COMMUNICATIONS WITH COURT

13.1 ORAL COMMUNICATIONS WITH THE COURT

[No model rule.]

13.2 WRITTEN COMMUNICATIONS WITH THE COURT ¹⁷

[No model rule.]

RULE 21. ATTORNEYS

21.1 RESOLUTION OF CONFLICTING TRIAL SETTINGS

[No model rule.]

21.2 ENTRIES OF APPEARANCE

[No model rule.]

21.3 CONDUCT OF ATTORNEYS

[No model rule.]

21.4 WITHDRAWAL OF ATTORNEYS

The conditions under which an attorney is allowed to withdraw from the employ of a client are set out in Supreme Court Rule 4, of Professional Responsibility, Canon 2, Ethical Consideration 2-32 and Disciplinary Rule 2-110. An attorney who desires to withdraw as attorney of record for any party to any action pending in this Court shall comply with the following procedures:

The attorney shall file a written motion requesting leave of court to withdraw. (See Rule 33.) If the case is then set for trial, the reason for the request must be set forth in the motion. Attached to the motion shall be a notice of the date and time at which the moving attorney will call up the motion before the court for hearing

A copy of the motion and the notice shall be served upon all parties, including the client from whose employ the attorney is seeking leave to withdraw, in the manner provided by Supreme Court Rule 43.01. If the case in which the attorney is seeking leave to withdraw is a criminal case, the notice shall instruct the client that the client must appear in person at the hearing.

The last known address of the client from whose employ the attorney is seeking leave to withdraw shall be plainly set out in the motion or the certificate of service thereon.

The attorney seeking leave to withdraw must appear in open court and call up the motion at the time specified in the notice. If the case in which the attorney is seeking leave to withdraw is a criminal case, it shall be the duty of the client to appear in person in compliance with the notice mentioned above.

If the client fails to appear, and if the attorney is granted leave to withdraw, the attorney shall immediately notify his former client by letter of the attorney's withdrawal and shall send a copy of the letter to the clerk. Such letter shall advise the former client of any scheduled court proceedings or pleading deadlines in the case.

21.5 FAILURE OF ATTORNEYS TO ANSWER DOCKET CALL

(See Rule 37.) [No model rule.]

21.6 APPOINTMENT OF ATTORNEYS

[No model rule.]

21.7 AGREEMENT OF ATTORNEYS

No private or prior stipulation or agreement between parties or attorneys in a pending cause will be recognized unless made in writing and filed with the clerk or made orally in open court.

21.8 ADVICE TO CLIENT AND WITNESSES OF COURTROOM PROCEDURE

The attorney is to advise his client and witnesses as to the formality of the court, including proper dress, and seek their cooperation therewith, thereby avoiding embarrassment.

He is to advise his client not to discuss any phase of the case with the court.

When the rule as to witnesses is invoked, each attorney is charged with the duty of seeing that the witnesses comply with that rule. If any witness violates the rule, whether willfully or otherwise, such witness shall not be permitted to testify, except by consent of opposing counsel or unless the court, in its own discretion, rules that justice requires such testimony be received, under all the circumstances to be considered. (See Rule 9.)

RULE 22. APPOINTMENT OF GUARDIAN AD LITEM

[No model rule.]

RULE 23. TRANSCRIPTS

[No model rule.]

RULE 24. EXHIBITS

The attorney is responsible for all exhibits before, during, and after trial. Exhibits should be marked for identification prior to trial.

RULE 32. DISCOVERY

32.1 USE OF DISCOVERY AND CERTIFICATION TO CIRCUIT DIVISION

(See Rule 6.3 Certification to Circuit Division.) [No model rule.]

32.2 INTERROGATORIES

Copies of all interrogatories and answers thereto shall be sent to all parties. Answers and objections to interrogatories shall state the question being answered or objected to immediately before the response.

32.3 DEPOSITIONS

[No model rule.]

32.4 MOTION FOR SANCTIONS
[No model rule.]

32.5 CRIMINAL DISCOVERY

(See Supreme Court Rule 25.) [No model rule.]

RULE 33. PRETRIAL MOTIONS

33.1 HEARING DATES

[No model rule.]

33.2 BRIEFS IN SUPPORT OF MOTIONS, WHEN REQUIRED

All motions shall be in writing and accompanied by a written memorandum setting forth reasons in support thereof with citations and points relied upon. Either party thereafter upon five (5) days notice may call up said motion for hearing. If no memorandum is filed, then upon notice by either party, the court will consider the motion without argument. After submission the court may require such memoranda or briefs as the court may deem advisable. Time to file written memorandum may be extended by the court for good cause shown.

33.3 ORAL ARGUMENTS - WHEN DESIRED AND HOW REQUESTED

[No model rule.]

33.4 MOTIONS IN LIMINE

All motions shall be in writing and accompanied by citations of authority. (See also Rule 33.2).

RULE 34. CONTINUANCES

34.1 CIVIL CASES

An application for continuance shall be made by a written motion accompanied by the affidavit of the applicant of some other credible person setting forth the facts upon which the application is based, unless the adverse party consents that the application for continuance may be made orally. For good cause shown, the court may continue a civil action to a fixed day, or to a day for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court. All applications for continuances shall conform to Supreme Court Rule 65.

34.2 CRIMINAL CASES

An application for continuance shall be made by a written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based, unless the adverse party consents that the application for continuance may be made orally. A continuance will be granted in criminal cases only if the court finds the ends of justice served by taking such an action outweighs the benefits of a speedy trial. For good cause shown, the court may continue a criminal proceeding to a fixed day, or to a date to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court. All applications for continuances shall conform to Supreme Court Rule 24.

RULE 35. PRETRIAL CONFERENCE

[No model rule.]

RULE 36. SETTING CASES FOR TRIAL

36.1 REQUEST FOR TRIAL

[No model rule.]

36.2 DATE OF CALENDAR CALL

[No model rule.]

36.3 PREPARATION OF CALENDAR

[No model rule.]

36.4 CALENDAR CALL

[No model rule.]

36.5 INACTIVE CALENDAR

(See Rules 8.2 and 37.1.) [No model rule.]

36.6 REVISION OF AND REMOVAL FROM PREPARED CALENDAR

[No model rule.]

36.7 SPECIAL ASSIGNMENTS

[No model rule.]

RULE 37. DISMISSALS

37.1 DISMISSAL DOCKET

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 of one year. The dismissal docket shall be sent to the attorney of record or to the party if not represented.

The dismissal docket shall 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.

See also, Rule 8.2 on Publication of Dismissal Dockets and Rule 21.5 on Failure of Attorneys to Answer Docket Call.

37.2 REINSTATEMENT OF CAUSE

[No model rule.]

RULE 41. SETTLEMENT

41.1 NOTICE OF SETTLEMENT

The court and the clerk shall be notified promptly if a case is settled after it has been set for trial.

RULE 42. DEFAULT

(See Rules 2.4, 33 and 5.) [No model rule.]



RULE 51. COURT-TRIED CASES

51.1 DEFAULT AND UNCONTESTED MATTERS

(See Rules 2.4, 42 and 54.2.) [No model rule.]

51.2 CONTESTED MATTERS

[No model rule.]

51.3 PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW

In all court-tried cases in which findings of fact and conclusions of law are required or properly requested, the parties, through their attorneys, shall submit proposed findings of fact and conclusions of law at the conclusion of the trial or within a reasonable time as directed by the court.

RULE 52. SELECTION OF JURY

52.1 JURY QUESTIONNAIRES

The jury questionnaire shall be delivered with the summons along with directions to fill it out and return it to the clerk's office within __________ days.

Jury questionnaires shall be available on the day of any jury trial by contacting the bailiff. At the completion of the voir dire examination it is the responsibility of the attorney to return his copy of the jury questionnaires to the bailiff.

The jury questionnaire is also a matter of public record and may be inspected by the attorneys at any time that the court is in session.

Attorneys shall not, as part of the voir dire examination, examine a member of the jury panel as to any matter contained on the jury questionnaire, without the permission of the court, except as to events that have occurred since the signing of the questionnaire.

The jury commissioner shall require all jurors to execute a jury questionnaire. Jurors forming a panel in any case shall give their questionnaire to the bailiff who shall cause the original to be filed in the case file folder and shall give one copy to the attorney representing plaintiff and one copy to the defendant's attorney. The questionnaire (original and both copies) shall be returned by the bailiff to any juror sent back to the jury assembly room for use in another case in the event he is called on another panel.

Upon selection of the jury, the attorneys shall give their copies of the questionnaire to the bailiff who shall retain such copies until the case is concluded. If the jurors are not released when the case is concluded, the bailiff shall return the questionnaires to the jurors for use by them on another panel. Should such a juror be called on another panel, the plaintiff's copy of his questionnaire shall be the file copy in the second case and shall be filed in the case file folder by the bailiff on selection of the jury.

Any juror who loses his questionnaire shall be required to execute another one before he goes to a division on a panel.

Attorneys shall not, as part of the voir dire examination, examine a member of the jury panel as to any matter contained on the jury questionnaire without the permission of the court.

RULE 53. JURY TRIALS

53.1 INSTRUCTIONS

[No model rule.]

53.2 CLOSING ARGUMENTS

An attorney will be given a reasonable time for argument and the court will decide the period of time allowed. Plaintiff may divide his time between opening and closing argument, but not more than one-half of his time may be spent in closing. Time may be extended at the discretion of the court.

The court may, in its discretion, change the order of the arguments. Arguments by multiple parties are made in the order named in the pleading unless otherwise agreed to by the parties or directed by the court.

Plaintiff may decline to make an opening argument and by so doing, waives closing argument. Defendant may nevertheless make his argument.

The attorney is to inform all other attorneys and the court before any argument if he intends to waive argument.

RULE 54. JUDGMENT ENTRY

54.1 CONTESTED CASES

Unless otherwise ordered, the attorney for the prevailing party shall prepare and submit the form of judgment entry to the court for its approval.

54.2 DEFAULT OR UNCONTESTED CASES

In default or uncontested cases counsel for the prevailing parties shall on the day of rendition present to the court for its approval the judgment or decree to be entered in the cause. The court shall then authorize the clerk to enter judgment as provided therein or as modified by the court. If a modification is made affecting the substantial rights of the parties, the parties shall be notified forthwith. (See Rules 42 and 51.1.)

RULES RELATING TO PARTICULAR ACTIONS

RULE 61. ADOPTIONS

61.1 FILING REQUIREMENTS

At the time of filing the petition, counsel for the petitioners shall file a Certificate of Adoption (Vital Statistics Report) on a form to be provided by the clerk, as required by Section 193.125, RSMo, 1978.

61.2 HOME STUDY

Unless waived pursuant to Section 453.070, RSMo, 1978 upon the filing of a petition for adoption, the Division of Family Services or other agency designated by the court, shall initiate an investigation of the suitability of the child for adoption and the suitability of petitioners as parents for said child. The clerk shall notify the appropriate agency to conduct such investigation and file a written report thereof.

RULE 62. DRIVERS' CASES

(See Rule 71.)

62.1 APPLICATION FOR HARDSHIP DRIVING PRIVILEGES

[No model rule.]

62.3 BREATHALYZER TEST

[No model rule.]

62.2 PETITIONS FOR REVIEW

[No model rule.]

RULE 63. ASSOCIATE DIVISION

[No model rule.]

RULE 64. CASES ARISING UNDER CHAPTERS 207 AND 208, RSMO, 1978 (COMMONLY KNOWN AS TITLE IV-D AND H.B. 601 ACTIONS)

[No model rule.]

RULE 65. CIVIL COMMITMENT

[No model rule.]

RULE 66. CONDEMNATION

[No model rule.]

RULE 67. CRIMINAL CASES

67.1 PRE-TRIAL RELEASE

67.1.1 MOTIONS TO SET BOND AND FOR BOND REDUCTION.

Motions to set bond and for bond reduction shall be made in writing addressed to the judge of the division in which the case is pending. Such motions shall be filed with the division clerk where the case is pending. In the event of the absence or unavailability of the judge before whom the case is pending, such motions shall be submitted to the presiding judge.

67.1.2 DEPOSIT OF OPERATOR'S LICENSE. [No model rule.]

67.2 PRELIMINARY HEARING

[No model rule.]

67.3 GRAND JURY

[No model rule.]

67.4 ATTORNEYS

(See Rule 21.) [No model rule.]

67.5 ARRAIGNMENTS

[No model rule.]

67.5.1 IN GENERAL [No model rule.]

67.5.2 DATES

If the plea is not guilty, a date shall be set for the filing and hearing of all pretrial motions. After a hearing on the motions, a date for trial will be set.

If the plea is not guilty, a date shall be set for the filing and hearing of all pretrial motions; the cause may be continued until the next law day for trial setting

If the plea is not guilty, a date shall be set for the filing and hearing of all pretrial motions. Also, the judge will set the case for trial.

67.6 DISCOVERY ¹⁸

[No model rule.]

67.7 MOTIONS

(See Rule 33.) ¹⁹ [No model rule.]

67.8 PLEA BARGAINING

[No model rule.]

67.9 GUILTY PLEA

67.9.1 WHERE ENTERED.

Pleas of guilty may be entered only in the division of the court where the case is originally assigned or in the division where the case is assigned for trial. However, the initial filing of a felony case in the associate division does not allow the defendant to plead guilty in that division.

67.9.2 PETITION TO ENTER A PLEA OF GUILTY

In all felony cases wherein the defendant desires to plead adopted guilty, the defendant and his attorney shall prepare a petition to enter a plea of guilty on a form by this court. The petition to enter a plea of guilty shall be ready to be executed by the defendant and his attorney in open court.

Copies of petitions to enter plea of guilty forms may be secured from the clerk's office.

67.10 CALENDAR

(See Rule 36.) [No model rule.]

67.11 PROBATION AND PAROLE

[No model rule.]

RULE 68. DISSOLUTION OF MARRIAGE

68.1 FILING REQUIREMENTS

At the time of filing the petition, the attorney for the petitioners shall file a Certificate of Dissolution of Marriage (Vital Statistics Report) on a form to be provided by the clerk, as required by Section 193.205, RSMo 1978.

68.2 SEPARATION AGREEMENT

In all cases where written separation agreements are made under the provisions of Section 452.325, RSMo 1978, a copy of such executed agreement shall be submitted to the court prior to the hearing.

68.3 FORMS OF DECREES ²⁰

[No model rule.]

68.4 FILING OF FINANCIAL STATEMENTS

On a form obtained from the clerk, a statement of marital and non-marital property under oath of the party making the same shall be furnished to the court prior to the date of hearing in all cases filed for dissolution of marriage or legal separation. The statement shall include a brief description of the assets, the legal description of real estate, the estimated fair market value less encumbrances and the name of the party having possession or control. Also, on a form obtained from the clerk, a statement of income and expense shall be filed in all dissolution of marriage and legal separation actions, and in all motions to modify child support or maintenance. The statement shall, to the best of the ability of the party, list income of both parties from all sources and the anticipated separate expenses of the party making the statement together with the expenses of dependent children. In all contested dissolution cases a copy of such statement of property, income and expenses shall be supplied to the opposing attorney not less than three (3) days prior to the date of hearing. Also, an income and expense statement shall be filed and supplied to the opposing attorney not less than three (3) days prior to the date of hearing a contested motion to modify child support or maintenance.

68.5 MODIFICATION OF DECREE

(See Rule 68.4) [No model rule.]

RULE 69. MUNICIPAL DIVISION

69.01 DETERMINATION OF INDIGENT STATUS

(a) A person seeking permission to proceed as an indigent in a municipal division case shall submit to the court the following "Statement of Financial Condition."
STATEMENT OF FINANCIAL CONDITION

Name:_______________________Case Number:________________________
Address:______________________
Your Age and Date of Birth:____________
Phone Number:_______________)Is it OK to text you at this number? Yes/No)

1) If you plead guilty or are found guilty, can you pay your fines and costs today? Yes/No
If you answered “No”, why not?_______________________________________________

If you answered "No" to Question #1, or if you want the court to consider your financial situation, please answer the following questions and provide the following information:

2) Are you currently in the custody of the Children's Division or DYS? Yes/No

3) Have you spent a night in jail during the past year because you were unable to post a bond?
Yes/No If "Yes", how much was your bond? $____________
4) Are you receiving public assistance? Yes/No If "Yes", please tell us what type of public assistance you are receiving (for example, food stamps, TANF, Medicaid, housing assistance, other types of public assistance):_________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________

5) Please list the following income from the previous month for your entire household:

Take home pay for the month including overtime and bonuses:_____________________
Social security income (including social security disability): _____________________
Workers' compensation income: ______________________
Unemployment income: ______________________
Retirement income: ______________________
All other income: ______________________

Total: _____________

6) How many people live in your household? ________________

7) Do you have cash, bank accounts, or any other assets, including vehicles or real estate free of debt, that totals more than $5,000? Yes/No If "Yes", what type? __________________________________________________________________________________________
__________________________________________________________________________________________

If you are facing the possibility of jail time and cannot afford to hire a lawyer, you are entitled to have a lawyer appointed by the court to represent you.

Do you want a lawyer to represent you in this case? Yes/No

Can you afford to hire a lawyer to represent you in this case? Yes/No

Are you asking the court to give you some more time to hire a lawyer? Yes/No

Are you asking the court to appoint a lawyer for you today? Yes/No

The above information is true and correct to the best of my knowledge under penalty of law.


___________________________________________________
Applicant

[The above form is for the Judge's use and does not replace the Legal Aid Application.]
(b) A person is presumed indigent if the person:

(1) Is in the custody of the Children's Division or the Division of Youth Services; or (2)(A) Has unencumbered assets totaling under $5,000, and (B) Has total household monthly income below 125% of Federal Poverty Guidelines, which currently are:

1 household person: $1,238
2 household persons: $1,669
3 household persons: $2,100
4 household persons: $2,531
5 household persons: $2,963
6 household persons: $3,394
7 household persons: $4,259
[Add $433 for each additional person]

(Adopted Sept. 19, 2016, )

RULE 70. PARTITION

[No model rule.]


RULE 71. ADMINISTRATIVE REVIEWS

(See Rule 62 Drivers' Cases.) [No model rule.]

RULE 72. PROBATE

[No model rule.]

RULE 73. SMALL CLAIMS

[No model rule.]

RULE 74. TRUST ESTATES

74.1 INVENTORY

Within thirty (30) days after appointment every trustee shall file and present to the division of the circuit court wherein he was appointed, an inventory in writing of the property and effects comprising the trust estate.

74.2 REPORTS

Every trustee shall annually at such time as ordered by the court and at such other times as ordered file and present a report in writing of the condition of the trust.

74.3 RECORD

It shall be the duty of the clerk of the appointing circuit court to maintain a record listing the number of the cause, the style, and the date the proceeding was filed, and the date the appointment was made, so that the circuit court shall be advised of the pendency of proceedings in which trustee's reports are required to be filed.

74.4 AUDIT

Prior to approval of a trustee's report by the court, the report shall be audited by a qualified person appointed by the court.

RULE 75. MEDIATION IN DOMESTIC RELATIONS AND PATERNITY CASES

The following model Local Rule 75, the provisions of which are based on local rules adopted by various Missouri circuit courts, may serve as a model for any circuit wishing to adopt local rules for mediation in domestic relations and paternity cases involving contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division. Some circuits have additional local rules providing more detailed procedures that other circuits may wish to consider. Bracketed alternatives are provided on the issue whether mediation is to be voluntary or mandatory in a particular circuit.

75.1 MEDIATION PROGRAM

Missouri Supreme Court Rule 88.02 provides: "As provided in this Rule 88, any judicial circuit may elect to establish a mediation program for contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, and property division, in domestic relations and paternity cases." This Circuit chooses to establish a mediation program, as defined in Rule 88.03, that will operate as provided by Rule 88 as supplemented by this circuit's local rules set out below.

75.2(A) [VOLUNTARY ELECTION TO MEDIATE CONTESTED ISSUES IN DOMESTIC RELATIONS AND PATERNITY CASES
Pursuant to Rule 88.04(a), "The court may order mediation of any contested issue, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, in domestic relations and paternity cases at any time upon the motion of a party or the court's own motion." In addition, in this circuit, without court order, in every domestic relations or paternity case involving contested issues, including, but not limited to, child custody, parenting plans, parenting time, child support, maintenance, and/or property division, the parties may elect to participate in mediation as an alternative dispute resolution method.]

75.2(B) [MANDATORY MEDIATION OF CONTESTED ISSUES IN DOMESTIC RELATIONS AND PATERNITY CASES

Pursuant to Rule 88.04(a), "The court may order mediation of any contested issue, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, in domestic relations and paternity cases at any time upon the motion of a party or the court's own motion." Pursuant to that authority, this Circuit requires that, in every domestic relations and paternity case involving contested issues, including, but not limited to, child custody, parenting time, parenting plans, child support, maintenance, or property division, the parties shall be required to participate in mediation as an alternative dispute resolution method, unless the mediator or the parties show good cause why or the court, on its own motion, determines that mediation should not occur. Upon referral to mediation, the mediator shall screen the parties to determine whether mediation is inappropriate due to domestic violence, abuse, or a significant imbalance of negotiating power.]

75.3 APPOINTMENT OF MEDIATORS

Pursuant to Rule 88.04(d), "The court may appoint a mediator agreed upon by the parties. If the parties cannot agree or the court does not approve of the agreed-upon mediator, the court may select the mediator." Pursuant to Rule 88.05(b), the circuit clerk of each county shall maintain a master list for the county of qualified mediators available for appointment. The circuit clerk's master list is not exhaustive of qualified mediators and does not prevent appointment by the court of other qualified mediators under this Rule.
The master list shall indicate the name, office address, mailing address, telephone number, e-mail address, qualifications, and current hourly rates of each mediator listed. The circuit clerk shall update such list as needed.
Pursuant to Rule 84.04(e), "At any time following assignment of a mediator, a party may file a written application to disqualify the mediator for cause. A service copy of the application and a notice of the time when it will be presented to the court must be provided to all interested parties." An adverse party has 10 days in which to file a denial of the cause or causes alleged in the application. Upon the filing of a denial, the court may hear evidence and determine the issue. If the court finds in the applicant's favor or no denial is filed, reassignment of a mediator shall be done in accordance with the procedures for appointment of a mediator as set out in Rule 84.04(d).

75.4 QUALIFICATIONS OF MEDIATORS
Mediator qualifications shall be as set out in Rule 88.05.
75.5 DUTIES OF MEDIATORS
Mediator duties shall be as set out in Rule 88.06.

75.6 TERMINATION OF MEDIATION
Termination of mediation shall be as set out in Rule 88.07.
75.7 CONFIDENTIALITY OF MEDIATION
Mediation confidentiality shall be as set out in Rule 88.08.
75.8 REPRESENTATION BY COUNSEL AND ATTENDANCE OF COUNSEL
With the consent of both parties, counsel for each party can be excluded from participation in the mediation process. Counsel for each party shall at any time be permitted to privately communicate with their client concerning the mediation process. Mediation by parties not represented by counsel shall be governed by Rule 88.09.
75.9 COSTS
Where the parties cannot agree upon the method or allocation of the mediator's payment, the court retains the authority to determine a final, equitable allocation of the costs of the mediation process. If a party fails to pay for the mediator, the court may, upon motion, issue an order for the payment of such costs and impose appropriate sanctions. If a party is determined indigent by the court and free or low-cost mediation services are not available, the court may waive the mediation requirement, and the case shall proceed otherwise.

75.10 FAILURE TO APPEAR
If either party fails to appear for any scheduled mediation session without reasonable notice, the court may, on its own motion or motion of a party, award mediator's fees and/or costs or impose any other appropriate sanction provided by law.

RULE 81. EXECUTION

Executions shall not be issued by the clerk except upon written application therefor verified by the oath of the judgment-creditor or his attorney. The written application shall contain the following:

(1) Style and number of case in which judgment was obtained;

(2) date judgment entered or last revived;

(3) the amount of the original judgment, the amount of accrued interest on the original judgment, and the amount of the judgment and interest still unsatisfied;

(4) the full name and current address, if known, of the judgment-debtor;

(5) a full description of the property to be executed on;

(6) the return date on the execution (30, 60, or 90 days);

(7) any special instructions to be provided the sheriff performing the execution.
________ dollars to apply toward sheriffs fees shall be paid to the clerk at the time of filing the application.


RULE 82. GARNISHMENT

[No model rule.]


RULE 83. JUDICIAL SALES

[No model rule.]



RULE 100

100.1 PRESIDING JUDGE

100.1.1 ELECTION

This circuit is to elect a presiding judge. He is to be elected each (even) (odd) numbered year to serve a two year term beginning in January. He is to be elected from among the circuit judges within the circuit by a majority of the circuit and associate circuit judges. The voting will be at a meeting of the court en banc called for this purpose and will be by secret written ballot. The meeting will be held in the month of __________ in the year preceding (2 years preceding) his service. The presiding judge may succeed himself, if he so desires, and if he is confirmed by a (2/3) (3/4) vote of all the circuit and associate circuit judges under the procedure set forth above. The presiding judge shall not vote on his succession. The presiding judge may be removed by a (2/3) (3/4) vote of all the circuit and associate circuit judges under the same procedure set forth above. In case of any inability to serve the presiding judge may appoint another circuit judge to be the temporary presiding judge. If the presiding judge is unable to appoint, the circuit and associate circuit judges shall elect an acting presiding judge under the procedure set out above, to act until the presiding judge is available or until the term expires. In case the presiding judge and the acting presiding judge are unavailable the other circuit judges are appointed to act as follows: (set forth list here.) Where no other circuit judge is eligible to serve as presiding judge the Chief Justice of the Supreme Court will appoint a judge to serve. (See Rule 6.7.)

100.1.2 DUTIES OF PRESIDING JUDGE

The presiding judge is the general administrative authority of the court. In this function he shall 1) preside at all court en banc meetings, 2) supervise and appoint any needed committees, 3) supervise preparation of the budget, 4) coordinate all duties and vacations of personnel, 5) handle media and government contacts, 6) standardize procedures between divisions [and 7) ______________.]

The presiding judge has the authority to assign cases to judges and judges to division, but he is not to assign 1) a municipal judge to hear any case other than to initially hear municipal ordinance violation cases, 2) a judge to try a felony case when he has conducted the preliminary hearing, 3) a case to a judge contrary to Supreme Court Rule or local circuit court rules, 4) a case to a probate judge if case is not within § 472.020, RSMo 1978, unless the probate judge consents and he was a probate judge on January 1, 1979.

The meetings of the court en banc may be called by the presiding judge or by two judges giving written notice. If any judge so requests the meeting will be on the record. The presiding judge has one vote and a majority vote rules. The presiding judge may call a special term of court. The presiding judge may appoint a secretary and any additional personnel to aid in the judicial business of the circuit.

100.1.3 DISPUTE RESOLUTION - PROCEDURE.

[No model rule.]

100.2 LOCAL COURT RULES

100.2.1 Formulation.

[No model rule.]

100.2.2 Publication.

[No model rule.]

100.3 LIBRARY FUND ²¹

[No model rule.]

100.4 STORAGE OF RECORDS

100.4.1 Reproduction, Preservation, Archival Storage and Disposal of Original Circuit Court Files (and) Their Contents.

[No model rule.]

100.4.2 Reproduction and Preservation of Court Records Other Than Files (and Their Contents).

[No model rule.]

100.4.3 Responsibility for Indexing and Preserving Court Reporter Notes.

[No model rule.]

100.4.4 Identification of Reporters' Notes.

[No model rule.]

100.45 Index.

[No model rule.]

100.4.6 Storage of Notes.

[No model rule.]

100.4.7 Notes of Substitute Reporters.

[No model rule.]

100.4.8 Storage of Notes Upon Retirement, Termination or Death of Court Reporter.

[No model rule.]

100.4.9 Boxing and Storing of Old Notes.

[No model rule.]

100.4.10 Responsibility for Furnishing Materials and Space for Storage of Court Reporter Notes.

[No model rule.]

100.4.11 Procedure for Examination of Criminal Records.

[No model rule.]

100.4.12 Procedure for Expunging and Closing Criminal Records.

[No model rule.]

RULE 100.5 CLERK'S DUTIES

100.5.1 Monies Paid Into Court.

[No model rule.]

RULE 100.6 SELECTION OF VENIREMEN

[No model rule.]

In Re The Marriage of:

________________________________
PETITIONER

and No. ______________________

________________________________
RESPONDENT

I. Property	Present Value	How * Acquired	Date Acquired	Amount Owed
A Real Estate - list any and all interests held in real estate (include address, legal description and name of mortgagor) _____________________ _____________________ _____________________ _____________________ _____________________	$			$
B. Motor Vehicles (include all automobiles, boats, trailers, aircraft, recreational vehicles and campers and give year, make, model and serial number and name of each mortgagor). _____________________ _____________________ _____________________ _____________________ _____________________

C. Bank Accounts - list all checking and saving accounts held either in your name alone or in your name and that of another person. Give the name of the institution, the names on the account and the account number. Be sure to include here all time deposits and certificates of deposit, etc. ___________________________ ___________________________ ___________________________ ___________________________ ___________________________	$			$
D. Household Goods - include all appliances, furniture, silver, antiques, televisions, stereos, etc. Attach list of each item with a value of at least $100 or more showing present value, how acquired, date acquired, and amount owed. E. Personal Goods - include jewelry, furs, guns cameras, coin and stamp collections, fishing and camping equipment, etc. Attach a list of each item with a value of at least $100 or more showing present value, how acquired, date acquired, and amount owed. F. Cash on Hand – list only that in your possession. G. Securities – list all stocks, bonds, promissory notes, mortgages and all other such property in which you have an interest and give the names in which the securities are held and identification numbers, if any. __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ H. Life Insurance - list the kind of policy, name of issuing company, policy number, owner of policy, insured, beneficiaries, face value and cash surrender value of the policy, if any (include any policies furnished by your employer) ___________________________ ___________________________ ___________________________ ___________________________	$	XXXXX XXXXX	XXXXX XXXXX	XXXXX $
I. Retirement, Pension and/or profit Sharing Plans - list name of the company and its present total value and percentage vested. ___________________________ ___________________________ J. Any Interest in any trust - give name of the trust, name of the trustee, name of settlor, name of beneficiaries, nature of the interest you have in the trust and attach to this list a copy of the trust instrument. ___________________________ K. Any Interest in a contract mad but not yet performed list the parties to the contract and the expected date of performance, if any. ___________________________ L. Any Interest in any Pending Litigation or Suits yet to be filed. ___________________________ M. Any Interest in any farm equipment, animals, or crops - give the nature of the property and its location. ___________________________ N. Any debt owed to you by others - list the name of the debtor, any security, date of loan and due date, if any, etc. __________________________ O. Future Interest - list the interest you hold, the property involved and the present owner. __________________________	$			$
P. Partnership Interest - (list the name of partners and percentage interest). Attach a copy of the partnership agreement or set forth its terms with assets and liabilities. ___________________________ Q. List any other asset not already listed herein ___________________________ ___________________________
* How acquired - state whether the property was purchased, inherited, etc. See also Section 452.330.2, RSMo, which defines “marital property” and which lists exceptions to the rule that property acquired by either spouse subsequent to the marriage is “marital property.” For example, property acquired by gift or inheritance is excluded.

II DEBTS	Current Balance	Monthly Payment
A. List all loans from any bank or lending institution to you. Show who signed the loan, the date of the loan, and give the name and address of the loan and the outstanding balance. _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ B. List all credit card balances and store charges - show the name on the credit card. _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________	$ $	$ $
C. Other Indebtednesses - Show to whom. _____________________________________________ _____________________________________________ _____________________________________________

STATE OF MISSOURI,
ss.
County of ,

Comes now ______________________, being of lawful age and after being duly sworn, states that affiant has read the foregoing statement of Property and that the facts therein are true and correct according to the affiant’s best knowledge and belief.

Affiant

Subscribed and sworn to before me the undersigned Notary Public, on this ________ day of _______________, 19 ____.

My commission expires: ___________________

Notary Public

Statement of Income and Expenses

In Re the Marriage of:

_________________________________
PETITIONER

AND NO. __________________________

_________________________________
RESPONDENT

STATEMENT OF INCOME AND EXPENSES OF

I Income

A. Gross Wages or Salary and Commissions each Pay Period, $_____________

Paid: ______ Weekly ______ Bi-Weekly ______ Semi –Monthly ______ Monthly

Payroll Deductions:
F.I.C.A. (Social Security Tax) $ _________________
Federal Withholding Tax _________________
State Withholding Tax _________________
City Earnings Tax _________________
Union Dues _________________
Others: _________________
____________________________________ _________________
____________________________________ _________________

Total Deductions each Pay Period $ _________________

Net Take Home Pay each Pay Period $ _________________

B. Additional Income from Rentals, Dividends, and Business Enterprises (give monthly average and list sources of income).

____________________________________ $ _________________
____________________________________ _________________
____________________________________ _________________
____________________________________ _________________

Average Monthly Total $ _________________

C. Any other Income - (from social security, AFDC, V.A. benefits, pensions, annuities, bonuses, commissions and all other sources; list the source and MONTHLY average)

____________________________________ $ _________________
____________________________________ _________________
____________________________________ _________________

Average Monthly Total: $ _________________

D. Total Average Monthly Income $ _________________

E. Your share of the gross income Shown on last
year’s Federal Income Tax Return $ _________________

II. EXPENSES (Give all expenses on a Monthly average)

A. Rent or mortgage payments $ _________________

B. Utilities
1. Gas $ __________
2. Water __________
3. Electricity __________
4. Telephone __________
5. Trash Service __________ $ _________________

C. Automobile
1. Gas and oil $ __________
2. Maintenance (routine) __________
3. Taxes and Licenses __________
4. Payment on the Auto Loan __________ $ _________________

D. Insurance
1. Life $ __________
2. Health and Accident __________
3. Disability __________
4. Homeowners (if not included in mortgage payment) __________
5. Automobile __________ $ _________________

E. Total payment on Installment Contracts $ __________________

F. Child Support Paid to Others for Children not in your
Custody $ _________________

G. Maintenance or Alimony $ _________________

H. Church and Charitable Contributions $ _________________

I. Other Living Expenses
Children in
Yours your custody
1. Food $ __________ $ __________
2. Clothing __________ __________
3. Medical Care __________ __________
4. Prescription Drugs __________ __________
5. Dental Care __________ __________
6. Recreation __________ __________
7. Laundry and Cleaning __________ __________
8. Barber Shop __________ __________
9. Beauty Shop __________ __________
10.School and Books __________ __________


$ __________ $ __________

J. Day Care Center or Babysitter $ _________________


K. All other Expenses Not Presently Identified - (give as a monthly average)
___________________ __________
___________________ __________
___________________ __________
___________________ __________
$ _________________

L. TOTAL AVERAGE MONTHLY EXPENSES $ _________________

STATE OF MISSOURI
ss.
COUNTY OF,

Comes now ______________________, being of lawful age and after being duly sworn, states that affiant has read the foregoing Statement of Income and Expenses, and that the facts therein are true and correct according to the affiant’s best knowledge and belief.

Affiant

Subscribed and sworn to before me, the undersigned Notary Public, on this ________day of ___________. 19____.

Notary Public

My Commission Expires:
______________________________

¹This section notes the type of filing system adopted by the circuit and delineates where cases should be filed. If the circuit has adopted a centralized filing system, then this should be stated in the local rules with a notation that sets forth where cases should be filed. Also, there should be a specific reference under each heading stating where cases should be filed that will be handled in the associate division, in the probate division, etc.

Similarly, if the circuit has maintained a decentralized filing system, the location for filing each type of case should be noted under the appropriate heading. Again, there should be a specific reference to the associate division under each heading. Finally, it should be noted that the better practice is to detail the location of filing rather than simply referring to where cases were filed before the implementation of the new judicial article.

²A circuit court, if it so desires, may provide that cases which would be heard and determined by a circuit judge that are automatically assigned to an associate circuit judge by local court rule should be filed with the divisional clerk of the appropriate division presided over by the associate circuit judge. However, the mechanics of recording and reporting these types of cases under these circumstances may present problems with Administrative Rule 4. Consequently, the circuit may decide to only have those cases which an associate circuit judge can hear and determine without assignment as provided for in subsection 2 of Section 478.225, RSMo 1978, filed with the division clerk and have the circuit clerk forward those files to an associate circuit judge in other instances.

³ Another alternative is to provide that the case "shall be filed at the central filing desk for the associate circuit judges on the (state location)."

⁴ These fees are required to be paid into the court upon the filing of an action. They are distinguished from court costs.

⁵ The Presiding Judges' Committee, in consultation with other presiding judges at the June 10, 1980 meeting of the presiding judge in Kansas City, discussed the value to practicing lawyers of having a uniform filing fee in every circuit throughout the state which would assure the commencement of the action and the issuance of summons. If such a uniform filing fee were to be mandated, individual circuits could always require an additional deposit before further proceedings would take place, if desired. However, the uniformity would assure that no statute of limitations would expire because of the inadequacy of a fee mailed to a clerk.

⁶ Generally, costs represent an assessment by the court in return for a party's use of court services and therefore will differ from case to case and party to party, based upon the use made of the court's services.

⁷This section is designed to inform the reader of those cases which will be heard by the associate circuit judge regardless of where the cases will be filed. The structure of this section should work regardless of whether the circuit has a centralized or decentralized filing system. See Rule 4. Part 3 of the proposed rule can be lengthened or shortened depending upon the type of "circuit court" cases to be heard by associate circuit judges.

⁸ If the circuit wishes to incorporate the authority given the presiding judge under Section 478.240, RSMo into the local court rules, § 478.240, RSMo 1978 should be copied here. However, because of a desire to avoid duplicity no model rule was drafted. Also, a rule requiring that a method for recording the proceeding must be established prior to a special assignment is found in some circuits. This is covered by § 478.072, RSMo 1978 which provides that "the method of preserving the record in each such assigned case (to the associate circuit judge to be heard on the record) shall be specified by the assigning judge at the time his order of assignment is entered."

⁹ Sections 517.0202(2)(3)(4), 517.240, 517.330, 517.340, and 517.063, RSMo 1978 delineate when a case must be certified to the circuit division from the associate division. If a circuit chooses to duplicate these statutes this section would be the appropriate place to include a rule to that effect. However, the committee has determined that no rule is required. If this rule is designed to limit the presiding judges assignment of cases to an associate circuit judge, it should be so stated.

¹⁰ Section 512.180 to 512.320, RSMo 1978 generally discuss the right to trial de novo. Sections 543.290 and 548.330, RSMo 1978 also discuss the right to trial de novo in misdemeanor and infraction cases. Unless the circuit wishes to adopt a local rule duplicating these statutes, no rule should be included within this section. However, it should be noted that a circuit cannot abolish the "right" to trial de novo by providing that all cases will be heard on the record, that all cases will be appealed to the appropriate appellate court, or that all cases filed in the associate division are specially assigned to the associate judges for a hearing on the record.

¹¹ If the circuit wishes to delineate the system established for court personnel to check out files, then it should be explained at this point.

¹² This section should inform the reader of the type of case that is subject to being placed on the dismissal docket. As written, the model rule is designed to cover all cases pending in the circuit court. However, if a circuit chooses to only consider for inactivity dismissal of those cases pending in the circuit division the rule could read as follows: "The clerk shall each six months, on or about June 1 and December 1 of each year, prepare a dismissal docket of all civil cases pending in the circuit division in which no activity has been noted on the docket sheet for (Specify time)."

¹³ If there is more than one courtroom, indicate to which courtroom the attorney is to report.

¹⁴ Indicate whether hearings will be in chambers or in open court.

¹⁵ If there is specific designation for where the parties should sit, specify this fact at this point. Also, mention who is permitted to sit at the counsel table.

¹⁶ This rule is designed to delineate any local customs on courtroom decorum and dress. Thus, if local practice requires counsel to remain at the counsel table while questioning a witness, this rule should be stated under this section. Similarly, if local custom dictates a particular mode of dress for men or women, this should be stated. Further, any other rules related to this topic should be included at this point.

¹⁷ Under this section, the circuit may want to consider drafting a rule which states that an attorney or party who sends a written communication to the court is responsible for sending a copy to the opposing counsel. However, no rule was proposed on this topic because of the lack of uniformity in the circuits.

¹⁸ Any time limitation established for criminal discovery should be stated in this section. (See also, Rule 32).

¹⁹ The cross-reference to Rule 33 should be adequate unless the circuit establishes specific time limitations for criminal motions that it does not have for civil motions. If there are time limitations peculiar to criminal cases, these should be set out under Rule 33 and this section. For example, if all motions in criminal cases must be filed within ten days after arraignment, this time limitation should be discussed under Rule 33 and Rule 67.7.

²⁰ Some circuits specify in great detail the requirements for a dissolution decree. If the circuit desires such a rule, it should be set forth under this section. ²¹Section 514.470, RSMo 1978 provides that by rule of court a law library fee may be required. Consequently, any local provision requiring the payment of the fee should be contained in the local rule. But, the committee thought this "cost" should be set forth under Rule 100 rather than Rule 5 because other costs were not listed under Rule 5.