Administration

Administration
1 - Divisions of Court
2 - Hours and Terms of Court
    2.1 - Hours of Court
    2.2 - Terms of Court
    2.3 - Law Days
    2.4 - Particular Matters on Particular Days
    2.5 - Calendar for Uncontested Dissolutions
3 - Pleadings
    3.1 - Caption
    3.2 - Number of Pleadings
4 - Filing of Cases
    4.1 - All Cases other than Probate and Municipal
    4.2 - Municipal Cases
    4.3 - Filings by Facsimile in Criminal and Civil Cases
    4.4 - Emergency Filings with On-Call Judges by Facsimile
5 - Fees and Costs
    5.1 - Filing Fees and Cost Deposits
    5.2 - Costs
    5.3 - Witness Fees
    5.4 - Waiver of Fees
    5.5 - Motion for Security (No Local Court Rule)
    5.6 - Time Payment Fee
6 - Assignment of Judges, Cases and Transfer of Cases
    6.1 - Assignment to Associate Circuit Judges
        6.1.1 - By Local Court Rule or Order
        6.1.2 - Special Assignment
    6.2 - Assignment to Circuit Judges
    6.3 - Certification to Circuit Division
    6.4 - Trial de Novo
    6.5 - Disqualification of Judge
    6.6 - Absence of Judge
    6.7 - Absence of Presiding Judge
    6.8 - Request for Change of Judge
7 - Withdrawals of Papers from Clerk's Office
    7.1 - When Allowed
    7.2 - Duplicating Policy
8 - Publication of Dockets
    8.1 - Trial Docket (No Local Court Rule)
    8.2 - Dismissal Docket
9 - Courtrooms
    9.1 - Assignment to Courtroom
    9.2 - Place of Hearing (No Local Court Rule)
    9.3 - Use of Counsel Table
    9.4 - Courtroom Decorum and Dress
    9.5 - Who is Permitted Within Bar
    9.6 - Cell Phones and Pagers
10 - Court Reporters and Compensation for Same
11 - Recording of Judicial Proceedings
12 - Monies Paid into Court
    12.1 - Bond in Civil Cases (No Local Court Rule)
13 - Oral and Written Communications with the Court

RULE 1. DIVISIONS OF COURT

A. The circuit court of the Thirteenth Judicial Circuit shall consist of a presiding judge and other judges and commissioners assigned to hear civil, criminal, family law, probate, drug court, small claims, and associate circuit judge cases. The assignment of dockets to the various divisions of the court shall be subject to change from time to time, as determined by the presiding judge.

B. Divisions I, II, III and IV shall be presided over by circuit judges; divisions V, IX, X and XI shall be presided over by the Boone County associate circuit judges; divisions VI and VII shall be presided over by Callaway County associate circuit judges; and division VIII shall be the family court commissioner.

C. There shall be municipal divisions of the circuit court in both Boone and Callaway Counties.

RULE 2. HOURS AND TERMS OF COURT

2.1 HOURS OF COURT

All divisions shall open at nine o'clock in the morning on each day of court. Special appointments and settings for any other times shall be made with the judge of the division involved.

2.2 TERMS OF COURT

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 shall be considered as commencing on the dates hereafter stated:

A. Boone County

The terms of court shall commence on the first Monday of January, April, and October and on the third Monday in June. Should said term date fall on a holiday, it will be observed the following day.

B. Callaway County

The terms of court shall commence on the third Monday in February and May and on the first Monday in September and December. Should said term date fall on a holiday, it will be observed the following day.

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

A. Preliminary matters and after trial motions and defaults may be heard on law days in accordance with court schedule, upon five (5) days written notice to adverse parties, or by consent of the parties, provided written notice shall be delivered to the circuit clerk no later than 5:00 p.m. on the Tuesday preceding the law day for civil matters and 5:00 p.m. on the Thursday preceding the law day for criminal matters.

B. The calendar for law days as adopted by this court may be found in the appendix to these local rules.

2.4 PARTICULAR MATTERS ON PARTICULAR DAYS

See Local Court Rule 2.3, Paragraph B

2.5 CALENDAR FOR UNCONTESTED DISSOLUTIONS

The calendar for uncontested dissolutions, as adopted by the court, may be found in the appendix to these local rules..

RULE 3. PLEADINGS

After a case has been set for trial, no pleading may be amended except by leave of court and such leave will be granted only upon written request showing due diligence in requesting such leave at the earliest practicable time. All initial civil pleadings filed shall include the last four digits of the filing party's federal tax identification number.

3.1 CAPTION

The names and addresses of all parties shall be given in the caption of all petitions, followed by a heading giving the nature of the action.

3.2 NUMBER OF PLEADINGS

The original of the pleadings and such additional copies as there are case numbers shall be filed whenever more than one case number appears on the pleading. The clerk shall file the original of such pleading in the case file of the first action number listed and shall file a copy of the pleading in the case file of each additional action listed.

RULE 4. FILING OF CASES

4.1 ALL CASES OTHER THAN PROBATE AND MUNICIPAL

All cases and pleadings, motions and papers related thereto shall be filed in an area designated by the circuit clerk.

The original of the petition or other pleadings and such additional copies as there are defendants or parties named therein to be served with process shall be filed. The copies so filed shall be used for service with summons. Only the original of subsequent pleadings shall be filed.

4.2 MUNICIPAL CASES

Cases that are heard by municipal judges shall be governed by the provisions of Section 478.245.2(3), RSMo. Municipal ordinance violations that are heard by an associate circuit judge, where the municipality has made provisions for local staff, shall be filed with the municipal division clerk. Other municipal ordinance violations that are heard by an associate circuit judge shall be filed with the circuit clerk.

4.3 FILINGS BY FACSIMILE IN CIVIL AND CRIMINAL CASES

Facsimile pleadings in criminal and civil cases are authorized in accordance with the Supreme Court Rules 20.04(h) and 43.02(c), provided that appropriate filing fees, if any, are received the same working day. If required fees have not been received, the facsimile transmission is deemed not filed.

Facsimile pleadings shall be deemed filed on the date and at the time the last page of the documents is accepted at the office of the circuit clerk. If the entire document is not received by the clerk, or if it is illegible, it is deemed not filed. Risk of loss in transmission, receipt, or illegibility is upon the party transmitting and filing the facsimile transmission.

The facsimile transmission shall have the same effect as the filing of the original document. Any person using this method of filing shall keep the original in his or her possession, as well as documentation of the transmission, and shall provide the same upon order of the court for inspection.

Facsimile filings received at the court before 5:00 p.m. on a regular workday are deemed filed as of that day. Facsimile filings received after 5:00 p.m. are deemed filed on the next regular court workday. Time of receipt is determined by the court's facsimile machine.

If the facsimile document is to be filed in multiple cases, the document must be transmitted once for each case file.

If the facsimile transmission is a civil petition, the clerk will not issue summons until additional copies equal to the number of defendants to be served are filed with the court. The copies so filed shall be used for service with the summons.

If multiple copies of a pleading other than the original petition are required by local court rule, the document must be transmitted the number of times equal to the original and number of required copies.

4.4 EMERGENCY FILINGS WITH ON-CALL JUDGES BY FACSIMILE

Pursuant to Missouri Supreme Court Rule 20.04(h), search warrants and complaints and affidavits in support thereof; arrest warrants and affidavits, complaints and indictments in support thereof; ex parte orders and petitions and affidavits in support thereof; mental health/drug and alcohol commitments and petitions in support thereof; and detention and protective custody orders and petitions in support thereof may be filed with on-call judges by facsimile transmission on weekends, holidays, after 5:00 p.m. on weekdays and at other times when a judge is unavailable.

RULE 5. FEES AND COSTS

5.1 FILING FEES AND COST DEPOSITS

The circuit court en banc shall set forth, by administrative rules, the filing fees and cost deposits required for actions filed in divisions of the circuit court. Said fee structure shall be published in the attachments of the Local Court Rules.

5.2 COSTS

The circuit clerk shall be responsible for the collection of all costs after the initial filing fee except fees in a case pending in the municipal division having its own staff.

5.3 WITNESS FEES

Witness fees shall not be allowed, unless claim therefore shall be made to the clerk. The attorney causing any witness to be subpoenaed shall be responsible for seeing that proper claim is made.

5.4 WAIVER OF FEES

Persons requesting permission to proceed in forma pauperis shall complete and submit to the clerk the form entitled "Affidavit and Petition for Permission to Prosecute Cause of Action as a Poor Person." (See appendix)

5.5 MOTION FOR SECURITY

5.6 TIME PAYMENT FEE

Pursuant to Section 488.5025.1, a time payment fee in the sum of Twenty-five Dollars ($25.00) shall be assessed against any person who does not pay a court ordered judgment, penalty, fine, sanctions, restitution, juvenile monetary assessments or court costs in full within thirty (30) days of the date the court imposed the judgment, penalty, fine, sanctions, restitution, juvenile monetary assessments or court costs.

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

There shall be a centralized assignment procedure for all cases filed in the circuit. The presiding judge of the circuit shall have the authority to assign judges to hear such cases or classes of cases as the presiding judge may determine, and to assign judges to dockets, except as otherwise provided by law.

6.1 ASSIGNMENT TO ASSOCIATE CIRCUIT JUDGES

6.1.1    BY LOCAL COURT RULE OR ORDER

Misdemeanors and civil cases of limited jurisdiction shall be immediately docketed for hearing before an associate circuit judge, unless otherwise ordered by the presiding judge. Whenever a request is made for a jury trial in any case pending before an associate circuit judge, such case shall be forwarded to the Presiding Judge for assignment.

6.1.2    SPECIAL ASSIGNMENT

The presiding judge shall have the authority to assign judges as provided by law.

6.1.3        TRANSFER OF ASSIGNMENT FOR ADMINISTRATIVE PURPOSES [Adopted 11/14/06, effective 1/16/07]

A. Except when the associate circuit judge has been disqualified under Local Court Rule 6.3, an associate circuit judge may, for purposes of administrative convenience and efficiency, transfer a criminal case to another associate circuit judge or to a circuit judge whenever:

(1)               The defendant has additional charges pending before the receiving judge; and

(2)               The judge to which the cases are being transferred accepts   transfer of the cases being transferred; and

(3)               The parties to the cases agree to the transfer.

B. The receiving judge shall be authorized to and shall proceed to hear said cases as if initially assigned.

C. Any case transferred to a circuit judge under this rule may be reassigned to an associate circuit judge only by order of the presiding judge.

6.2 ASSIGNMENT TO CIRCUIT JUDGES

Once a case is assigned to a division for trial, it shall remain in that division until further order.

6.3 CERTIFICATION TO CIRCUIT DIVISION

See Local Court Rule 63.

6.4 TRIAL DE NOVO

See Local Court Rule 63.

6.5 DISQUALIFICATION OF JUDGE (amended effective 8/28/06)

Whenever a judge is disqualified, whether sua sponte or upon motion of a party, unless otherwise provided by specific order:

A. The disqualified judge shall certify the case to the presiding judge for reassignment.

B. If the judge disqualified is the presiding judge, that judge shall certify the case to the circuit judge having the greatest seniority on the bench for reassignment.

C. When a change of judge has been ordered, the trial setting will be maintained, if possible. If a change of judge is ordered 30 days or more before the date of trial, the parties will be notified within 10 days as to whether the setting date will be maintained. If a change of judge is ordered less than 30 days before the date of trial, the clerk will notify the parties forthwith as to whether the setting date will be maintained.�

6.6 ABSENCE OF JUDGE

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

6.7 ABSENCE OF PRESIDING JUDGE

In the absence of the presiding judge, the acting presiding judge, appointed by the presiding judge, shall perform the duties of the presiding judge. In the absence of both the presiding judge and the acting presiding judge, the judge of the division with the lowest division number shall have the authority to perform the duties of the presiding judge.

6.8 REQUEST FOR CHANGE OF JUDGE

Any request for a change of judge shall specify the division from which the change is being requested.

RULE 7. WITHDRAWALS OF PAPERS FROM CLERK'S OFFICE

7.1 WHEN ALLOWED

A. No official files of the circuit court or any divisions thereof shall leave the Office of the Circuit Clerk or the office of any division clerk except in the custody of employees of the clerks or employees of the circuit court.

B. All files of cases assigned to the various divisions of this court shall remain in the central filing room until the cause is set for hearing, at which time the circuit clerk shall deliver the original papers to the assigned division, except that pending probate files may be kept in the probate division.

C. After a case has been finally determined, the file shall be returned to the central filing room for permanent storage.

7.2 DUPLICATING POLICY

No charge shall be made for copies of documents furnished to any city or county office or to any state agency or department. There shall be no charge assessed for copies of the judgment for any party in the case. All other duplicating fees shall be as specified in the local administrative order on filing fees and costs, as published in the appendices to these Local Court Rules.

RULE 8. PUBLICATION OF DOCKETS

8.1 TRIAL DOCKET

(No Local Court Rule)

8.2 DISMISSAL DOCKET

See Local Court Rule 37.

RULE 9. COURTROOMS

9.1 ASSIGNMENT OF COURTROOM

9.2 PLACE OF HEARING

9.3 USE OF COUNSEL TABLE

While examining a witness, counsel shall stand or sit at the counsel table in such manner that all attorneys engaged in the trial as well as the court and the jury may have a full view of the witness.

In case of disagreement as to the location of counsel at the table, counsel for the plaintiff or for the state shall take the side more remote from the jury.

9.4 COURTROOM DECORUM AND DRESS

Counsel shall be expected to dress appropriately and shall inform the parties and any prospective witness that appropriate dress shall be required.