Supreme Court of Missouri
en banc
October 1, 2024
Effective July 1, 2025
In re:
(1) Repeal of subdivision 2.-2.1, entitled "Giving Precedence to the Duties of Judicial Office," of Rule 2, entitled "Code of Judicial Conduct," and, in lieu thereof, adoption of a new subdivision 2-2.1, entitled "Giving Precedence to the Duties of Judicial Office," and a new paragraph [5] of the Comment to subdivision 2-2.5, entitled "Competence, Diligence, and Cooperation."
(2) Repeal of the title and subdivision 55.30, "Times and Places for Hearings to Be Established – Use of Telephone or Video Conferencing – Oral Hearing – Submission on Written Statements Without Oral Hearing," of Rule 55, entitled "Pleadings, Motions, and Hearings;" and, in lieu thereof, adoption of a new Comment to subdivision 55.29, entitled "Place of Hearing and Acts in Chambers," and a new title, a new Comment, and a new subdivision 55.30, entitled "Times and Places for Hearings to Be Established – Use of Telephone or Video Conferencing – Submission on Written Statements Without Oral Hearing."
ORDER
1. It is ordered that, effective July 1, 2025, subdivision 2-2.1 of Rule 2 be and the same is hereby repealed and a new subdivision 2-2.1 and a new paragraph [5] of the Comment to subdivision 2-2.5 are adopted in lieu thereof to read as follows:
2-2.1 GIVING PRECEDENCE TO THE DUTIES OF JUDICIAL OFFICE
(A) The duties of judicial office, as prescribed by law, shall take precedence over a judge's personal and extrajudicial activities.
(B) Absent exigent circumstances documented in the case record, judges shall be present at a courthouse or court facility when conducting hearings during which the parties are participating by telephone or video conference as permitted under Rule 55.30(b) or other applicable rule or statute.
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2-2.5 COMPETENCE, DILIGENCE, AND COOPERATION
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COMMENT
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[5] Absent exigent circumstances documented in the case record, judges shall be present at a courthouse or court facility when conducting hearings during which the parties are participating by telephone or video conference as permitted under Rule 55.30(b) or other applicable rule or statute.
2. It is ordered that, effective July 1, 2025, the title and subdivision of 55.30 of Rule 55 be and the same are hereby repealed and a new Comment to subdivision 55.29, and a new title, a new Comment, and a new subdivision 55.30 are adopted in lieu thereof to read as follows:
55.29 PLACE OF HEARING AND ACTS IN CHAMBERS
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COMMENT
[1] Nothing in this Rule affects a judge's duty to conduct hearings at a courthouse or court facility under Rule 2-2.1 absent exigent circumstances.
55.30 TIMES AND PLACES FOR HEARINGS TO BE ESTABLISHED – USE OF TELEPHONE OR VIDEO CONFERENCE – SUBMISSION ON WRITTEN STATEMENTS WITHOUT ORAL HEARING
(a) Times and Places. Each court shall establish regular times at a courthouse or court facility, at intervals sufficiently frequent for the prompt dispatch of business, at which the court will hear and dispose of any motions and other matters requiring notice and hearing. The court at any time and on such notice, if any, as it considers reasonable may make orders to advance or hear motions and other matters.
(b) Use of Telephone or Video Conferencing. The court may allow the parties to participate by telephone or video conferencing at hearings on matters that do not require testimony. Only by agreement of the parties or by order of the court on good cause shown may the court allow the parties to participate by telephone or video conferencing at hearings on matters that require testimony.
(c) Submission Without Oral Argument. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and in opposition.
COMMENT
[1] Nothing in this Rule affects a judge's duty to conduct hearings at a courthouse or court facility under Rule 2-2.1 absent exigent circumstances.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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MARY R. RUSSELL
Chief Justice