Rule 74 | Judgments Orders and Proceedings Thereon

First Adopted: May 22, 1987

Most Recently Effective: January 01, 2001

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.01 | Judgment

(a) Included Matters. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment is rendered when entered. A judgment is entered when a writing signed by the judge and denominated "judgment" or "decree" is filed. The judgment may be a separate document or entry on the docket sheet of the case. A docket sheet entry complying with these requirements is a judgment unless the docket sheet entry indicates that the court will enter the judgment in a separate document. The separate document shall be the judgment when entered.

(b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may enter a judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay. In the absence of such determination, any order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.

(Adopted May 22, 1987, effective January 1, 1988. Amended February 22, 1994, effective January 1, 1995; amended September 10, 1997, effective July 1, 1998; amended May 26, 2000, effective January 1, 2001.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.02 | Order

Every direction of a court made or entered in writing and not included in a judgment is an order.

Committee Note – 1959

This Rule is the same as Section 506.050, RSMo 1959.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: July 01, 1996

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.03 | Notice of Entry of Orders and Judgments

Immediately upon the entry of an order or judgment, the clerk shall serve a notice of the entry by mail in the manner provided for in Rule 43.01 upon each party who is not in default for failure to appear and who was not present in court in person or by attorney at the time of the entry of such order or judgment. If such notice is not given, the order or judgment shall be set aside for good cause shown upon written motion filed within six months from the entry of the order or judgment. This Rule 74.03 shall not preclude relief under Rule 74.06.

(Adopted May 22, 1987, effective January 1, 1988. Amended September 26, 1995, effective July 1, 1996.)

First Adopted: May 22, 1987

Most Recently Effective: July 01, 2008

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.04 | Summary Judgment

(a) For Claimant. At any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, a party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment upon all or any part of the pending issues.

(b) For Defending Party. At any time, a party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment as to all or any part of the pending issues.

(1) Motions for Summary Judgment. A motion for summary judgment shall summarily state the legal basis for the motion.

A statement of uncontroverted material facts shall be attached to the motion. The statement shall state with particularity in separately numbered paragraphs each material fact as to which movant claims there is no genuine issue, with specific references to the pleadings, discovery, exhibits or affidavits that demonstrate the lack of a genuine issue as to such facts. An electronic copy of the statement of uncontroverted material facts in a commonly used medium, such as a diskette, CD-ROM or e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher, shall be served on the party to whom the motion for summary judgment is directed. In addition to the information normally in a certificate of service, the certificate of service shall also state the format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

Attached to the statement shall be a copy of all discovery, exhibits or affidavits on which the motion relies.

Movant shall file a separate legal memorandum explaining why summary judgment should be granted.

(2) Responses to Motions for Summary Judgment. Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall set forth each statement of fact in its original paragraph number and immediately thereunder admit or deny each of movant's factual statements.

A denial may not rest upon the mere allegations or denials of the party's pleading. Rather, the response shall support each denial with specific references to the discovery, exhibits or affidavits that demonstrate specific facts showing that there is a genuine issue for trial.

Attached to the response shall be a copy of all discovery, exhibits or affidavits on which the response relies.

A response that does not comply with this Rule 74.04(c)(2) with respect to any numbered paragraph in movant's statement is an admission of the truth of that numbered paragraph.

The response may also set forth additional material facts that remain in dispute, which shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1).

An electronic copy of the response shall be served as provided in Rule 74.04(c)(1).

The response may include a legal memorandum explaining the legal or factual reasons why summary judgment should not be granted.

(3) Replies in Support of Motions for Summary Judgment. Within 15 days after service of the response, the movant may file a reply memorandum of law explaining why summary judgment should be granted.

Within the same time, if the adverse party's response sets forth additional material facts that remain in dispute, movant shall set forth each additional statement of fact in its original paragraph number and immediately thereunder admit or deny each such factual statement. Denials shall be supported in the manner prescribed by Rule 74.04(c)(2).

Within the same time, the movant may file a statement of additional material facts as to which movant claims there is no genuine issue. The statement shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1).

An electronic copy of the reply shall be served as provided in Rule 74.04(c)(1).

Attached to the supplemental statement shall be a copy of any additional discovery, exhibits or affidavits on which the supplemental statement relies.

(4) Sur-replies in Opposition to Motions for Summary Judgment. Within 15 days of service, if movant files a statement of additional material facts pursuant to Rule 74.04(c)(3), the adverse party shall file a sur-reply. The sur-reply shall set forth each additional statement of fact in its original paragraph number and immediately thereunder admit or deny each such factual statement. The sur-reply shall be in the form and shall be supported in the manner prescribed by Rule 74.04(c)(2).

An electronic copy of the sur-reply shall be served as provided in Rule 74.04(c)(1).

Attached to the sur-reply shall be a copy of any additional discovery, exhibits or affidavits on which the sur-reply relies.

A sur-reply that does not comply with Rule 74.04(c)(2) with respect to any numbered paragraph in movant's statement of additional material facts is an admission of the truth of that numbered paragraph.

If the movant files a statement of additional material facts, the adverse party may file within the same time a sur-reply memorandum of law explaining the legal or factual reasons why summary judgment should not be granted.

(5) Additional papers. No other papers with respect to the motion for summary judgment shall be filed without leave of court.

(6) Rulings on Motions for Summary Judgment. After the response, reply and any sur-reply have been filed or the deadlines therefor have expired, the court shall decide the motion.

If the motion, the response, the reply and the sur-reply show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, the court shall enter summary judgment forthwith.

A summary judgment, interlocutory in character, may be entered on any issue, including the issue of liability alone, although there is a genuine issue as to the amount of the damages.

(d) Case Not Fully Adjudicated on Motion. If on motion under this Rule 74.04 judgment is not entered upon the whole case or for all the relief asked and a trial is necessary, the court by examining the pleadings and the evidence before it, by interrogating counsel, and by conducting a hearing, if necessary, shall ascertain, if practicable, what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The court shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

(e) Form of Affidavit. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.

(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that for reasons stated in the affidavits facts essential to justify opposition to the motion cannot be presented in the affidavits, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

(g) Affidavit Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any affidavit presented pursuant to this Rule 74.04 is presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party presenting it to pay to the other party the amount of the reasonable expenses that the filing of the affidavit caused the other party to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

Committee Note – 1959

This rule is the same as Rule 56 of the Federal Rules of Civil Procedure with the amendments to paragraphs (c) and (e) recommended by the Federal Advisory Committee in 1955; and with the addition of paragraph (h) to make clear that the procedure is not applicable where there is a factual issue to be determined by the court or jury. The reasons for the amendments to paragraphs (c) and (e) are stated by the Federal Advisory Committee as follows:

"Subdivision (c). The specific provision, made by the amendment, allowing summary judgment to be granted against the party who has moved therefore, is in accord with N.Y.C.P. Rule 113 and Wis. Stat. Sec. 270.635(3) (1951), as well as the urging of commentators. McDonald, Summary Judgments, 30 Tex. L. Rev. 285, 303 (1952); Clark, The Summary Judgment, 36 Minn. L. Rev. 567, 570-571 (1952); Comment, Summary Judgment, 25 Wash. L. Rev. 71, 76-77 (1950). It codifies a result already achieved by most federal courts. See 6 Moore's Federal Practice Par. 56.12 (2d ed. 1953); 3 Barron & Holtzoff, Fed. Prac. & Proc. § 1235 (1950) [See now, Wright, Federal Practice and Procedure: Civil].

"Subdivision (e). Some recent cases, particularly in the Third Circuit, have held that a mere allegation in the pleading is sufficient to create a genuine issue as to a material fact, and thus prevent summary judgment, even though the pleader has made no attempt to controvert affidavits and other evidentiary matter presented by his opponent; e. g., Frederick Hart & Co. v. Recordgraph Corp., 169 F.2d 580, 581 (3d Cir. 1948); Reynolds Metals Co. v. Metals Disintegrating Co., 8 F.R.D. 349 (D.N.J.1948), aff'd 176 F.2d 90 (3d Cir. 1949); Chappell v. Goltsman, 186 F.2d 215, 218 (5th Cir. 1950); and cases cited in 6 Moore's Federal Practice Par. 56.11[3], n. 16 (2d ed. 1953). This line of cases is termed "patently erroneous" in Note, 99 U. of Pa. L. Rev. 212, 214-215 (1950), citing many contrary authorities. The purpose of Rule 56 is to pierce the formal allegations of the pleadings and reach immediately the merits of the controversy. If pleading allegations are sufficient to raise a genuine issue as against uncontradicted evidentiary matter, this remedy then becomes substantially without utility. Engl v. Aetna Life Ins. Co., 139 F.2d 469, 473 (2d Cir. 1943). The view of most cases and commentators is that, where the motion for summary judgment is supported by depositions or affidavits, the opposing party must make a similar presentation to show the existence of a genuine issue of fact, or suffer judgment to be entered. 3 Barron & Holtzoff, Fed. Prac. & Proc. § 1235 (1950) [See, now, Wright Federal Practice and Procedure: Civil]. 6 Moore's Federal Practice 56.11[??], n. 21 (2d ed. 1953), and cases there cited; id. at 56.15[??]; Asbill & Snell, Summary Judgment Under the Federal Rules--When An Issue of Fact Is Presented, 51 Mich. L. Rev. 1143, 1159-1165 (1953); Shientag, The Summary Judgment 24 (1941); Kennedy, The Federal Summary Judgment Rule, 13 Brooklyn L. Rev. 5 (1947); Comm., "Genuineness" of Issues on Summary Judgment, 4 Fed. Rules Serv. 940.

"The amendment to subdivision (e) states this last principle and thus makes it clear that pleading allegations cannot, in themselves, create a genuine issue of material fact when summary judgment is sought. By emphasizing the function of the motion for summary judgment, the amendment may stimulate more frequent and effective use of this device, as urged by the Judicial Conference of the United States, in its Report of Sept.1948, pp. 36-37, and by commentators. Yankwich, Summary Judgment under Federal Practice, 40 Calif. L. Rev. 204 (1952); Clark, Special Problems in Drafting and Interpreting Procedural Codes and Rules, 3 Vand. L. Rev. 493, 502-505 (1950); Clark, The Summary Judgment, 36 Minn. L. Rev. 567 (1952); Wright, Modern Pleading and the Pennsylvania Rules, 101 U. of Pa. L. Rev. 909, 936-937 (1953); Comment, Summary Judgment, 25 Wash. L. Rev. 71 (1950); Note, The Scope of Summary Judgment Under the Federal Rules, 5 Vand. L. Rev. 607 (1952); Note, Summary Judgments in the Federal Courts, 99 U. of Pa. L. Rev. 212 (1950); see McAllister, Pre-Trial Practice in the Southern District of New York, 12 F.R.D. 373, 378. Compare the holding that summary judgment granting specific performance can never be proper, for a party cannot be entitled to equitable relief as a matter of law, Seaboard Surety Co. v. Racine Screw Co., 203 F.2d 532 (7th Cir. 1953), with the grant of summary judgment of specific performance in Dale v. Preg, 204 F.2d 434 (9th Cir. 1953), and Palmer v. Chamberlin, 191 F.2d 532, 27 A.L.R.2d 416 (5th Cir. 1951), and as expressly authorized in N.Y.C.P. Rule 113. See also the grant of summary judgment of injunction in United States v. W. T. Grant Co., 345 U.S. 629, 73 S.Ct. 894, 97 L.Ed. 1303 (1953), and Houghton, Mifflin Co. v. Stackpole Sons, 113 F.2d 627 (2d Cir. 1940).

"The amended rule does not, of course, require the grant of summary judgment in a case where such judgment is not proper even though the facts be taken as in the moving party's affidavit.

"The court may deny the motion if for any reason summary judgment would be inappropriate, even though the opposite party has not submitted an affidavit. The court may order a continuance in accordance with the provisions of Rule 56(f) where a party makes a substantial showing by affidavit that he cannot then present the facts essential to justify his opposition to judgment."

(Adopted May 22, 1987, effective January 1, 1988. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended February 27, 2002, effective January 1, 2003; amended December 18, 2007, effective July 1, 2008.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 2016

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.05 | Entry of Default Judgment

(a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.

(b) Entry of Interlocutory Order of Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, an interlocutory order of default may be entered against that party. After entry of an interlocutory order of default, a default judgment may be entered. Any party may demand a jury to assess damages. If a jury is not demanded, the court shall assess any damages.

(d) When Set Aside. Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside.

The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment.

"Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process.

An order setting aside an interlocutory order of default or a default judgment may be conditioned on such terms as are just, including a requirement that the party in default pay reasonable attorney fees and expenses incurred as a result of the default by the party who requested the default.

A motion filed under this Rule 74.05(d), even if filed within 30 days after judgment, is an independent action and not an authorized after-trial motion subject to Rule 78.04, 78.06, or 81.05.

(Adopted May 22, 1987, effective January 1, 1988. Amended June 1, 1993, effective January 1, 1994; amended June 27, 2006, effective January 1, 2007; amended June 10, 2015, effective January 1, 2016.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.06 | Relief From Judgment or Order

(a) Clerical Mistakes – Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court.

(b) Excusable Neglect – Fraud – Irregular, Void, or Satisfied Judgment. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(3) the judgment is irregular;

(4) the judgment is void; or

(5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment remain in force.

(c) Motion Under Subdivision (b) – Affect on Judgment – Time for Filing – Notice of Hearing – Service. A motion under subdivision (b) does not affect the finality of a judgment or suspend its operation. The motion shall be made within a reasonable time and for reasons (1) and (2) and (3) of subdivision (b) not more than one year after the judgment or order was entered. The motion and a notice of a time and place for hearing on the motion shall be served upon the parties to the judgment pursuant to Rule 54.

(d) Power of Court to Entertain Independent Action – Certain Writs Abolished. This Rule 74.06 does not limit the power of the court to entertain an independent action to relieve a party from a judgment or order or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these Rules or by an independent action.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.07 | Judgment for Specific Acts – Vesting Title – Delivery of Possession

If a judgment directs a party to execute or deliver a deed or other document or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court, and the act when so done has like effect as if done by the party. On application of the party entitled to performance, a writ of attachment or sequestration shall issue against the property of the disobedient party to compel obedience to the judgment. The court may also adjudge the party in contempt. If real or personal property is within the state, the court may enter a judgment divesting the title of any party and vesting it in others in lieu of directing a conveyance thereof, and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, a writ of possession may issue to put the party entitled into possession, or attachment or sequestration may issue.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 2003

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.08 | Judgment Lien

Except as provided in Chapter 454, RSMo, or Chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.

(Adopted May 22, 1987, effective January 1, 1988. Amended May 15, 1998, effective January 1, 1999; amended February 27, 2002, effective January 1, 2003.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 2020

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.09 | Revival of Judgment

(a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment.

(b) Order to Show Cause. Upon the filing of a motion of revival of a judgment, an order shall issue to the judgment debtor to show cause on a day certain why such judgment should not be revived. The order to show cause shall be served pursuant to Rule 54 on the judgment debtor, his successors in interest, or his legal representatives.

(c) Judgment of Revival. If the judgment debtor, his successors in interest, or legal representatives fail to appear and show cause why the judgment should not be revived, the court shall enter an order reviving the judgment.

(Adopted May 22, 1987, effective January 1, 1988; Amended June 25, 2019, effective January 1, 2020.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.10 | Revival of Lien of Judgment – Intermediate Encumbrances

If the order to show cause is issued before the lien expires but the judgment of revival is entered after the lien has expired, the revived lien prevails over intermediate encumbrances. If the order is issued after the expiration of the lien and a judgment of revival is afterward entered, such revival shall take effect from the entry thereof and shall not prevail over intermediate encumbrances.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: July 01, 2019

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.11 | Satisfaction of Judgment

(a) Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.

(b) Who May Enter Satisfaction. Satisfaction may be entered by the judgment creditor, his attorney of record, or an agent; if entered by an agent who is not the attorney of record, his authority shall be filed.

(c) Satisfaction of Judgment Entered by the Court. If a judgment creditor who has received satisfaction of a judgment fails to acknowledge such satisfaction immediately, any interested person may apply to the court where the judgment was entered for an order showing satisfaction.

(Adopted May 22, 1987, effective January 1, 1988. Amended December 3, 2019, effective July 1, 2019.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.12 | Assignment of Judgment

(a) Assignment – Form – Filing. An assignment of a judgment may be made by a writing executed and acknowledged by the assignor. Such assignment shall be filed with the clerk of the court in which the judgment was entered, and a copy of the assignment shall be filed with the clerk of each court in which a transcript of the judgment has been filed.

(b) Form of Execution. An execution on an assigned judgment shall issue in the name of the original assignor but shall be endorsed by the judge or clerk to be for the use of the assignee.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.13 | Transcript of Judgment – When Lien in Another County

(a) Filing – Lien. A judgment entered or registered in any United States court in this state or in any court of record of this state, upon the filing of a transcript thereof in the office of the clerk of the circuit court of any county other than the one in which the judgment was obtained, shall be a lien on the real estate that belongs to the person against whom such judgment is entered and that is situated in the county in which such transcript is filed.

(b) Entry of Time of Filing. The clerk shall enter on the judgment records the time of the filing of the transcript.

(c) Extent and Duration of Lien. The lien created by the filing of a transcript shall exist to the same extent and for the same time only as the lien of the judgment in the county where the same was entered. A transcript of a judgment reviving a judgment may be filed in the same manner as a transcript of an original judgment.

(d) Execution and Revival. Executions may be issued and judgments or liens may be revived only by the circuit court where the judgment was entered.

(Adopted May 22, 1987, effective January 1, 1988.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 2023

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.14 | Uniform Enforcement of Foreign Judgments

(a) Definition. In this Rule 74.14 "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.

(b) Filing and Status of Foreign Judgments. A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.

(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.

(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(d) Stay.

(1) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was entered.

(2) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of the judgment that is required in this state.

(e) Optional Procedure. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Rule 74.14 remains unimpaired.

(f) Uniformity of Interpretation. This Rule 74.14 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that adopt the "Uniform Enforcement of Foreign Judgments Law."

(Adopted May 22, 1987, effective January 1, 1988. Amended March 1, 2022, effective January 1, 2023.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.15 | [REPEALED]

[Repealed by order dated May 22, 1987, effective January 1, 1988.]

(Adopted May 22, 1987, effective January 1, 1988. Repealed May 22, 1987, effective January 1, 1988.)

First Adopted: October 26, 2021

Most Recently Effective: July 01, 2022

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.16 | Attorney Fees

(a) Claim to be made by motion. A claim for attorney fees and related nontaxable expenses must be made by motion filed under this Rule 74.16, unless the substantive law requires those fees to be proved at trial as an element of damages.

(b) Motions and proceedings thereon.

(1) Time for filing. A motion seeking attorney fees under this Rule 74.16 must be filed no later than 30 days after the entry of judgment on the underlying claim.

(2) Contents of the motion. The motion must specify the statute, rule, or other ground entitling the movant to the award and state the amount sought.

(3) Nature of the motion. Except for purposes of Rule 51.05(a), a motion filed under this Rule 74.16 is an independent action and not an authorized after-trial motion subject to Rules 78.04, 78.06, or 81.05.

(Adopted October 26, 2021, effective July 1, 2022.)

First Adopted: May 22, 1987

Most Recently Effective: January 01, 1988

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.17 to 74.79 | [REPEALED]

[Repealed by order dated May 22, 1987, effective January 1, 1988.]

First Adopted: December 31, 2019

Most Recently Effective: July 01, 2020

Rule 74 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Judgments Orders and Proceedings Thereon

74.80 | Actions Filed Pursuant to Chapter 535 – Itemization of Damages in Judgment

(a) In any action filed pursuant to Chapter 535, a judgment or proposed judgment, whether taken by consent, default, or on the merits, shall itemize the award of all rent, interest, late fees, attorney fees, and any other monetary amounts awarded by the judgment. The itemization of judgment must be set forth in the form appended to this rule, or in a substantially similar form.

(b) No execution shall issue on a judgment that does not comply with this rule.

FORM – ITEMIZATION OF JUDGMENT

DESCRIPTION	AMOUNT
Rent
Interest
Late Fees Set Out in Lease
Any Other Amounts Due Under the Lease
Attorney Fees (If Applicable)
Court Costs to Date
Other (Describe):

TOTAL

(Adopted December 31, 2019; effective July 1, 2020.)