Rule 113 | Petition

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 113 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Petition

113.01 | Style and Content of Petition

a. The petition shall be entitled, "In the Interest of ____, (Male) (Female), Date of Birth ____."

b. The petition may be filed upon information and belief and shall set forth plainly, concisely, and with reasonable particularity:

(1) the full name, birth date, and residence of the juvenile in whose interest the petition is filed;

(2) the name and residence of:

(A) the juvenile’s parents;

(B) the juvenile’s legal guardian, if there is one;

(C) any person or agency with custody of the juvenile;

(D) the juvenile’s nearest known relative, if no parent or guardian can be found; and

(E) the juvenile’s spouse, if there is one;

(3) the facts that bring the juvenile within the jurisdiction of the court, including the date, place and manner of the acts alleged, and the law or standard of conduct, if any, allegedly violated by the acts; and

(4) any other pertinent data or information.

c. The petition shall be filed with the clerk.

Comment

This Rule 113.01 generally follows section 211.091, RSMo, in specifying the form and content of the petition. However, the rule requires that the date of birth and sex of the juvenile appear in the caption and that the facts bringing the juvenile within the jurisdiction of the court be more clearly specified than required in section 211.091, RSMo. Additionally, the rule provides that the petition may be filed upon the information and belief of the juvenile officer.

A petition alleging a violation of subdivision (3) of subsection 1 of section 211.031, RSMo, shall state the alleged offense substantially in the form of the Missouri Approved Charges-Criminal. If there is no applicable approved charge, the juvenile officer shall make certain that, in stating the alleged offense, the petition includes all elements of the offense charged.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2011

Rule 113 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Petition

113.02 | Amendment of Petition

a. The petition may be amended by leave of court at any time.

b. When the petition is amended, the court shall grant the parties such additional time to prepare as may be necessary to ensure a full and fair hearing.

Comment

If filing an amended petition in a proceeding under subdivision (1) of subsection 1 of 211.031, RSMo, necessitates a continuance of a scheduled hearing on the petition, the judicial officer must consider the requirement in Rule 124.04a(2) that a hearing may be continued outside the time frames in Rule 124.01 only for compelling extenuating circumstances.

When the petition alleges violation by the juvenile of a state statute or municipal ordinance, care must be taken to comply with the requirements of due process if the petition is amended after the hearing on the petition has commenced.

Cross-reference: Supreme Court Rules 55.33.


(Adopted May 20, 2009, effective January 1, 2010. Amended May 19, 2010, effective January 1, 2011.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 113 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Petition

113.03 | Responsive Pleadings and Motions

No party is required to file a responsive pleading. A party may file a response to any pleading or motion at any time prior to, or at commencement of, the hearing on the pleading or motion.

Comment

A party filing a response to a pleading or motion must effect service of the response upon all parties pursuant to Rule 114.05.


(Adopted May 20, 2009, effective January 1, 2010.)