Rule 41 | General

First Adopted: August 10, 1959

Most Recently Effective: April 01, 1960

Rule 41 | Rules of Civil Procedure | General

41.00 | Committee Notes

Committee Notes

The Supreme Court, in the case of State ex rel. Gray v. Jensen, (Mo. 1965), 395 S.W.2d 143, in discussing Committee Notes, stated: "Our Rules of Civil Procedure were adopted by this court on August 10, 1959, to become effective April 1, 1960. This court had appointed one committee which drafted proposed rules which were then submitted to the bench and bar of the state for comment. Thereafter, this court appointed another committee to revise the proposed rules in the light of the comments and suggestions received. It was the draft of this latter committee which was approved and adopted by the court. The rules as thus drafted and submitted by the committee were accompanied by committee notes following each rule. These were explanatory in nature, giving information as to the source of the proposed rule, any changes made from the language of the statute or rule from which taken, and other explanatory comments. These committee notes are comparable to legislative committee reports which pertain to legislation which is passed and are to be considered in determining the scope and meaning of the rule under consideration, just as the legislative committee reports are considered in construing the legislative enactments."

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2018

Rule 41 | Rules of Civil Procedure | General

41.01 | Rules – When Applicable

(a) Rules 41 through 101 shall govern the following:

(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.)

First Adopted: February 01, 1972

Most Recently Effective: September 01, 1972

Rule 41 | Rules of Civil Procedure | General

41.02 | Rules – Authority for – Statutes Superseded

Rules 41 to 101, inclusive, are promulgated pursuant to authority granted this Court by Section 5 of Article V of the Constitution of Missouri and supersede all statutes and existing court rules inconsistent therewith.

Committee Note – 1974

This is substantially the same as prior Rules 41.03 and 41.04.

(Adopted February 1, 1972, effective September 1, 1972.)

First Adopted: February 01, 1972

Most Recently Effective: September 01, 1972

Rule 41 | Rules of Civil Procedure | General

41.03 | Rules – Construction

Rules 41 to 101, inclusive, shall be construed to secure the just, speedy and inexpensive determination of every action.

Committee Note – 1974

This is substantially the same as the last sentence of prior Rule 41.03. Compare: Rule 1 of the Federal Rules of Civil Procedure.

(Adopted February 1, 1972, effective September 1, 1972.)

First Adopted: February 01, 1972

Most Recently Effective: September 01, 1972

Rule 41 | Rules of Civil Procedure | General

41.04 | Rules – When not Applicable – Procedure

If no procedure is specially provided by rule, the court having jurisdiction shall proceed in a manner consistent with the applicable statute, or statutes, if any, and precedent but not inconsistent with Rules 41 to 101, inclusive.

Committee Note – 1974

This is substantially the same as prior Rule 41.06.

(Adopted February 1, 1972, effective September 1, 1972.)

First Adopted: February 10, 1972

Most Recently Effective: January 01, 1981

Rule 41 | Rules of Civil Procedure | General

41.05 | Rules – Definitions

As used in these Rules the word "law" includes rules, statutes and judicial decisions; the word "oath" includes affirmations; "county" includes the City of St. Louis; and the word "sheriff" includes other officers performing the duties thereof under law, rule or charter.

Committee Note – 1974

This is the same as prior Rule 41.07.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 10, 1980, effective January 1, 1981.)

First Adopted: February 01, 1972

Most Recently Effective: September 01, 1972

Rule 41 | Rules of Civil Procedure | General

41.06 | Rules – Application to Pending Actions

Rules 41 to 101, inclusive, shall govern all proceedings in actions brought after their effective date, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the Rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

Committee Note – 1974

This is substantially the same as prior Rule 41.08. Compare: Rule 86 of the Federal Rules of Civil Procedure.

(Adopted February 1, 1972, effective September 1, 1972.)

First Adopted: August 16, 1983

Most Recently Effective: July 01, 2024

Rule 41 | Rules of Civil Procedure | General

41.07 | [REPEALED]

[Repealed effective July 1, 2024.]

(Adopted August 16, 1983, effective July 1, 1984. Amended June 1, 1993, effective January 1, 1994; amended March 7, 2023, effective January 1, 2024. Repealed August 15, 2023, effective July 1, 2024.)

First Adopted: September 01, 2011

Most Recently Effective: September 01, 2011

Rule 41 | Rules of Civil Procedure | General

41.08 | Signatures of Judicial Officers and Court Officials

(a) Signature of judicial officer. Documents requiring a judge's or commissioner's signature may be signed by an original signature, stamped signature, or an electronic graphic representation of a signature.

(b) Signature of clerk. Documents requiring a clerk's signature may be signed by an original signature, stamped signature, an electronic graphic representation of a signature, or /s/ John or Jane Clerk.

(c) Signature of court reporter and transcriber. Documents requiring a court reporter's or transcriber's signature may be signed by an original signature, stamped signature, an electronic graphic representation of a signature, or /s/ John or Jane Person.

(Adopted September 1, 2011, effective September 1, 2011.)