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Rules Relating to Particular Actions
RULE
61. ADOPTION
Before hearing of a petition for transfer of custody or for adoption, the clerk of the juvenile division shall cause the file to be made available to the judge of the juvenile division to make a determination as to the sufficiency of the jurisdictional requirements. The court, upon request of either party or upon its own motion, may order a pre-trial conference in order to clarify issues and expedite the hearing. Said request for pre-trial hearing shall be made to the clerk of the court. Counsel shall request a time certain for a hearing on said petition from the circuit clerk. 61.1 FILING REQUIREMENTSNo petition for adoption will be accepted by the circuit clerk, unless the information required by section 193.125, RSMo., for the Bureau of Vital Statistics accompanies such petition. 61.2 HOME STUDYUpon the filing of a petition for adoption or for transfer of custody prior thereto, and upon application to the court, the court will appoint a guardian ad litem for the child sought to be adopted. The court will also order the statutory investigation and report when required.RULE
62. APPLICATION FOR LIMITED
DRIVING PRIVILEGES
A. Applications for limited driving privileges, pursuant to the provisions of §302.309 of the Revised Statutes of Missouri, may be made either to the court or the Missouri Department of Revenue.B. Applications for Limited Driving Privileges may be made on the forms provided by the Missouri Department of Revenue. The application shall be accompanied by the forms required to be included when the application is made to the Missouri Department of Revenue.C. Parties filing Petitions for Limited Driving Privileges shall complete a proposed order granting limited driving privileges on the form approved by the Missouri Supreme Court and distributed by the Office of the State Courts Administrator.D. Limited Driving Privileges shall not be granted to any individual who is not eligible for Limited Driving Privileges under Missouri law.RULE
63. ASSOCIATE DIVISION CASES
A. Pursuant to Supreme Court Administrative Rule 5.01, associate circuit judges are authorized to preserve the record by means of any recording devices approved by the State Courts Administrator. B. The following cases are heard on the record, as there is no right to trial de novo and any appeals would be lodged with the Missouri Court of Appeals, Western District: 1. criminal jury trials; 2. civil jury trials; 3. misdemeanor bench trials, including trials for violations of state statutes in traffic court; 4. civil bench trials, except as set out below; 5. ordinance violations from the municipal court of Columbia wherein the defendant has requested a trial de novo; 6. ordinance violations wherein the defendant has requested a jury trial pursuant to Supreme Court Rule 37.61; and 7. administrative review pursuant to Chapter 536, RSMo. C. The following types of cases are not heard on the record: 1. small claims cases heard pursuant to Chapter 482, RSMo;
2. ordinance violations wherein the associate circuit judge is sitting as the municipal division for any cities in the circuit;
3. preliminary hearings (except as provided by Supreme Court Rule 22.10);
4. applications for limited driving privilege; and
5. unlawful detainer actions pursuant to Chapter 534 RSMo., and rent and possession actions pursuant to Chapter 535, RSMo.
(See §512.180, RSMo.) D. Taped Trial Records: 1. When a record is made of a trial by recording devices pursuant to Supreme Court Administrative Rule 5, any interested party may listen to or copy the tape used to record the proceedings. 2. A clerk or deputy clerk must be present to supervise the playing or recording of the tape. 3. Tapes will be available for listening or recording during regular business hours provided that request is made to the Clerk's Office at least twenty-four (24) hours before the tape is to be played or recorded. 4. Parties wishing to record a tape must provide a blank tape and the recording equipment. 5. The cost for listening to or recording a tape shall be ten dollars ($10.00) per hour or fraction thereof, based on the clerk's time. The minimum charge shall be ten dollars ($10.00). The clerk shall maintain a log on a form promulgated by this court of the time spent in each session and shall bill the requesting party after the tape is played or recorded. Payment therefore shall be made forthwith, except as otherwise provided by law. 6. If more than three (3) hours will be required for one playing or recording of tapes, the session may be scheduled on more than one day.
7. Tape or taped
records as used herein shall meet the required specifications
established by the Office of State Courts Administrator, pursuant to
Supreme Court Administrative Rule 5.01. RULE
64. CASES ARISING UNDER CHAPTERS 207
AND 208, RSMo., 1978 (COMMONLY KNOWN AS TITLE IV-D AND H.B. 601 ACTIONS)
(No Local Court Rule) RULE
65. CIVIL COMMITMENT
A. The clerk of the
probate division shall maintain a current list of attorneys who have agreed to
serve as counsel for proposed patients, which shall be designated as the
"Mental Health Register." Any
attorney wishing to be placed on the register may contact the clerk.
Appointments from the register shall be made on a rotational basis,
provided that counsel is available for the date the hearing is set. B. Mental Health
Coordinator: Pursuant to § 632.005, RSMo., the Mental Health Coordinator shall
be available to evaluate and investigate requests for involuntary
hospitalization for evaluation, treatment, and detention.
No clerk of this court may advise any party in the preparation of such
application. RULE
66. CONDEMNATION
(No Local Court Rule) RULE
67. CRIMINAL CASES
67.1 PRETRIAL RELEASE
67.1.1
BOND AMOUNTS AND CONDITIONS FOR RELEASE
Bond amounts and conditions
for release are to be set by the court in accordance with Supreme Court Rule
33.01. If the court has not set a bond amount and conditions for release of a
defendant, a bond schedule as approved by the circuit court en banc may be used
for the setting of bond. 67.1.2
DEPOSIT OF OPERATOR'S LICENSE
Unless a summons is issued,
an officer may, pursuant to § 544.045, RSMo., accept the chauffeur's or
operator's license, issued by the State of Missouri, of any person arrested and
charged with violation of a traffic law of the State of Missouri or a traffic
ordinance of Boone or Callaway County in lieu of any other security for that
person's appearance in court to answer any such charge, with the
exceptions noted in the statute. The person arrested may decline to deposit the
license as security and may instead deposit a bond in the amount of fifty
dollars ($50) per traffic offense allegedly committed. 67.1.3
CASH BONDS
Clerks shall accept only cash, certified check, business check, money order or equivalent or approved bank cards for cash bonds. Prior to charging to a bank card, proper authorization must be received from the bank card company. Pursuant to Supreme Court Operating Rule 21.01, a $4.00 transaction fee shall be charged for the use of a credit card. Note: "Bank card" can mean credit or debit card. The Callaway County Circuit Clerk does not accept debit cards. The Boone County Circuit Clerk accepts debit cards from Visa or MasterCard. Both counties accept only Visa and MasterCard credit cards.
When a cash bond is
posted, the receipt shall be made in the name of the defendant. Any
money deposited shall be considered by the court as belonging to the
defendant. If the defendant is found guilty, all assessments against
the defendant, such as fines, court costs, and any other related court
costs ordered by the judge may be deducted from the cash bond before any
money is refunded to the defendant. Any excess sums of money may be
applied against prior unpaid assessments. A third party
may claim any refundable money at the conclusion of the charges only if
the defendant has properly assigned the defendant's bond receipt to that
third party. (See appendix to these Local Court Rules.) 67.1.4
MOTIONS TO SET BOND AND FOR BOND REDUCTION
See Local Court Rule 67.7. 67.2 PRELIMINARY HEARING
(No Local Court Rule) 67.3 GRAND JURY
(No Local Court Rule) 67.4 ATTORNEYS
See Local Court Rules 9, 21, and 65. A. If, after appropriate
inquiry, the court determines a criminal defendant is indigent and not
financially able to employ an attorney, counsel shall be appointed pursuant to
Chapter 600, RSMo. 1. If such determination
is based upon the defendant's oral testimony, appointed counsel shall assist the
defendant in completing the Application and Affidavit for Appointment of Counsel
as promulgated by Public Defender Commission and shall file said application
with the court. 2. In misdemeanor cases,
the application shall be filed prior to the trial date.
In felony cases, the application shall be filed prior to the preliminary
hearing or, if appointment occurs thereafter, within ten (10) days of said
appointment. B. The division and
circuit court clerks shall obtain and maintain a sufficient quantity of the
Application and Affidavit for Appointment of Counsel from the Public Defender
Commission for distribution to defendants and attorneys. 67.5 ARRAIGNMENTS67.5.1 Time of Appearance for Felony Arraignments.
67.5.2 Waiver of Appearance
67.5.3 Docket Settings.
Note: The Court has provided the following forms for Written Entry of Appearance and Waiver of Personal Appearance (Word format):
Felony Cases-Associate Circuit
Court 67.6 DISCOVERY
See Local Court Rule 53. 67.7 MOTIONS
Continuances:
See Local Court Rule 34 on continuances, paragraph 34.2, infra. Any defense or objection to be raised by motion
shall be made in writing before the plea is entered or thereafter and within
such time before trial as the court may fix. Also see Local Court Rule 33. 67.8 PLEA BARGAINING
(No Local Court Rule) 67.9 GUILTY PLEA
(No Local Court Rule) 67.9.1
WHERE ENTERED
(No
Local Court Rule) 67.9.2
PETITION TO ENTER PLEA OF GUILTY
(No
Local Court Rule) 67.10
CALENDAR
(No Local Court Rule) 67.11
PROBATION AND PAROLE
A. Upon the arrest of
parolee or probationer made upon the authority of a probation officer for a
probation violation, the probation officer shall immediately notify the
sentencing court by a written report. Notification
shall specify the nature of the charge and the place of confinement. B. Preliminary Hearings
on Probation and Parole Violations: The
Department of Probation and Parole shall conduct such hearings, unless the
sentencing court is immediately available or the sentencing court, by specific
order, directs otherwise. C. If after preliminary
hearing the defendant is ordered held, the probation officer shall, likewise,
notify the sentencing court, who shall forthwith set bail. D. In the absence of a
sentencing court in Paragraphs A and B supra,
bail shall be set by any available circuit judge, for offenses heard by
associate circuit judges. In the
absence of a circuit judge, any judge may set bail. E. When a defendant
being held for a probation or parole violation is released upon the authority of
a probation and parole officer, said officer shall immediately notify the court. 67.12
WAIVER OF JURY TRIAL
After a case is set for jury trial, any defendant
asking to waive the jury trial and requesting a trial by the court shall file
said request in writing and under oath, stating whether there is a factual issue
in dispute in the case. Both the
defendant and his counsel shall sign the request. 67.13
FINES, COSTS, RESTITUTION AND CRIMINAL BONDS
Clerks shall accept only cash, certified check, business check, money order or equivalent or approved bank cards in satisfaction of fines, costs or restitution payments. Prior to charging to a bank card, proper authorization must be received from the bank card company. Pursuant to Supreme Court Operating Rule 21.01, a $4.00 transaction fee shall be charged for the use of a credit card. Note: "Bank card" can mean credit or debit card, as approved by the circuit clerk.67.14 PETITIONS FOR RELEASE FROM CUSTODY PURSUANT TO SECTION 211.170, RSMO Prior to court approval of a request for release from custody pursuant to §211.170, RSMo., the defendant must file with the court a “Petition for Release from Custody.” Said petition shall be on a form approved by the court en banc or in the form of a written motion containing the reason for release; name and address of employer or location upon release; days or dates and time of requested release (including transportation time); verification of employment by the defense attorney; and agreement by the defendant to abide by the terms of release.RULE
68. DISSOLUTION OF MARRIAGE (LEGAL
SEPARATION, CUSTODY OF CHILDREN, MAINTENANCE AND SUPPORT, MOTIONS TO MODIFY, AND
PATERNITY)
68.1
FILING REQUIREMENTS
A. Information necessary
to give notice to the Missouri Department of Public Health and Welfare of the
entry of a judgment of dissolution of marriage or legal separation shall be filed on the forms provided for that
purpose by the circuit clerk at the time of the filing of the petition for
dissolution or legal separation. No petition will be filed by the clerk unless
accompanied by such information. B. Every petition for
dissolution of marriage, legal
separation or paternity, every motion for modification of a judgment respecting
maintenance or support, every petition
or motion for support of a minor child and every responsive pleading thereto
shall contain 1) the name and address of the current employer and social
security number of the party filing such pleading;
2) if known, the name and address of the current employer and the social
security number of the opposite party; and 3) when children are involved, the
social security number of the children. C. If a next friend for a
minor is requested, the person with custody of the child shall be appointed, if
qualified, unless a disclaimer, under oath, is filed by that person.
The requesting party is responsible for filing proper requests and orders
for appointment of a next friend. 68.2 PROPERTY, INCOME AND EXPENSE STATEMENT, FORM 14 AND
PARENTING PLAN
A. A statement under
oath of marital and non-marital property and marital debt of the party making
the same shall be filed in all cases for dissolution of marriage, legal
separation, and motions to modify. Petitioner's or movant's statement shall be
filed within 15 days after the original pleading or motion. The statement shall
include a brief description of the assets, the legal description of real estate,
the estimated fair market value and encumbrances, the name of the party having
possession or control, and a brief description of marital debt.
A statement of income and expenses under oath shall also be filed with
the statement of property in the aforementioned cases.
The statement shall list income from all sources and the anticipated
separate expenses of the party making the statement, together with the expenses
of any dependent children. Each
party has a continuing duty to update their property, income and expense
statements. Copies of these
statements may be found in the appendix to these Local Court Rules and are
available in the Circuit Clerk's Office. B. Where child support
is at issue, Civil Procedure Form 14 shall be filed within 15 days after initial
and responsive pleadings or not less than five (5) days prior to hearing on a
motion for support, whichever is earlier. Each
party has a continuing duty to update their Form 14.
(See Local Court Rule 68.11.) C. A proposed parenting plan
shall be filed as required by subsection 7 of section 452.310, RSMo. (1999). D. If property, income and
expense statements, Form 14 and the proposed parenting plan are not filed as
required by this rule, the offending party's pleadings shall be dismissed or
stricken. Such action may be taken on the motion of the opposing party
or on the court's own motion, after notice. 68.3 GUARDIAN AD LITEM
A.
Appointment of Guardian ad Litem 1. Guardian ad litem may
be appointed for any minor if it appears to the court that the best interests of
the minor require such appointment. 2. The guardian ad litem
so appointed shall be an attorney licensed to practice law in this state in a
proceeding governed by the Uniform Child Custody Act. 3. The guardian ad litem
shall be allowed a reasonable fee for his or her services. 4. The guardian ad litem
shall comply with the standards for guardians ad litem approved by the court. B. Joint application for
appointment of a guardian ad litem will be considered by the court. C.
Filings of pleadings which
require the appointment of a guardian ad litem by the court shall be accompanied
by the deposit required by court administrative rule. Should additional
deposits be required after the initial filing, the parties shall pay the
additional cost deposit to the circuit clerk as ordered or pleadings may be
stricken as provided in section 68.2.D of this rule. 68.4 ANSWER
Responding party shall file an answer within the
time allowed by law or rule and cross bills or cross claims and other pleadings
shall also be filed within said times. 68.5 RESPONDING PARTY SHALL FILE PROPERTY, INCOME AND EXPENSE
STATEMENTS, FORM 14 AND PARENTING PLAN - WHEN.
A. A statement under
oath of marital and non-marital property and marital debt of the party making
the same shall be filed in all cases for dissolution of marriage, legal
separation, paternity and motions to modify.
Respondent's statement shall be filed within 15 days after respondent's
first pleading. The statement shall
include a brief description of the assets, the legal description of real estate,
the estimated fair market value and encumbrances, the name of the party having
possession or control, and a brief description of marital debt. A statement of income and expenses under oath shall also be
filed with the statement of property in the aforementioned cases.
The statement shall list income from all sources and the anticipated
separate expenses of the party making the statement, together with the expenses
of any dependent children. Property,
income and expense statements of defaulting respondents who are not requesting
affirmative relief or contesting any relief sought by petitioner at hearing
shall not be required. In the event a responsive pleading is not required prior
to hearing or submission to the court on a motion, respondent shall file the
property, income and expense statements with the clerk five (5) days prior to
hearing or submission and provide copies of same to each opposing counsel and
unrepresented party. Each party has
a continuing duty to update their property, income and expense statements.
Copies of these statements may be found in the appendix to these Local
Court Rules and are available in the Circuit Clerk's Office. B. Where child support
is at issue, Civil Procedure Form 14 shall be filed within 15 days after initial
responsive pleadings or not less than five (5) days prior to hearing on a motion
for support, whichever is earlier. Each
party has a continuing duty to update his or her Form 14.
(See Local Court Rule 68.11.) C. A proposed parenting plan
shall be filed as required by subsection 7 of section 452.310, RSMo. (1999). D. If property, income and
expense statements, Form 14 and the proposed parenting plan are not filed as
required by this rule, the offending party's pleadings shall be dismissed or
stricken. Such action may be taken on the motion of the opposing party
or on the court's own motion, after notice. E. In cases filed by a
state agency in which the state is not representing either the mother or alleged
father, the state is not required to file property, income and expense
statements on behalf of either the mother or alleged father. 68.6
PARENT EDUCATION PROGRAM In a petition for dissolution of marriage or motion
to modify same, or in cases involving paternity or contested custody,
where there is at least one child under the age of seventeen, both parties to
the dissolution, motion, paternity or contested custody case shall attend Focus
on Kids, a court approved educational session to educate parents as to the
possible detrimental effects of divorce on children and how to avoid these
negative effects. (See also §
452.600, RSMo.) In any other case
involving custody or visitation, the court may, at the discretion of the judge,
order one or both parties to attend Focus
on Kids. The petitioner shall attend said program within
thirty (30) days of filing the petition or motion. The respondent shall attend
said program within thirty (30) days of filing responsive pleadings.
If the petitioner fails to attend said program within thirty (30) days of
the date of filing, the court may dismiss the pending case.
If the respondent fails to attend said program within thirty (30) days
from the date respondent filed responsive pleadings, the court may strike the
responsive pleadings. The court may
impose any other appropriate sanctions provided by law. This rule may be waived by the court upon
application of a party showing good cause.
See also Local Court Rule 68.14 and § 452.605, RSMo. 68.7 PENDENTE LITE ORDERS - HOW SET, WHEN EX PARTE
A. Upon the filing of a
verified application by any party, after reviewing the pleadings, including each
party's property, income and expense statements, Form 14, and each party's
proposed parenting plan, the court may enter an order pendente lite, without the
necessity of a formal hearing, for child support, maintenance, attorney's fees,
and visitation. However, before an
application is filed, the movant or movant's attorney shall first certify and
file proof of service of: (1)
written notice of intent to file the application on a certain day, (2) a copy of
the application, and (3) movant's verified suggestions and affidavits in support
thereof on all other parties at least ten days before the day on which the
movant files the application. Suggestions
and affidavits in opposition to the application shall be filed on the day
specified in the notice as the day on which the application will be filed.
If the notice is given by mail, the provisions of the Missouri rules of
civil procedure pertaining to notice by mail shall apply. B. Pursuant to
subsection 8 of section 452.310, RSMo., if the proposed parenting plans of the
parties differ and the parties cannot resolve the differences or if any party
fails to file a proposed parenting plan, upon motion of either party and an
opportunity for the parties to be heard, the court shall enter a temporary order
containing a parenting plan setting forth the arrangements specified in
subsection 7 of section 452.310, RSMo., which will remain in effect until
further order of the court. The
temporary order entered by the court shall not create a preference by the court
in its adjudication of final custody, child support or visitation. C. An oral hearing shall be
granted, if requested, on the order pendente lite or other relief requested in
the application, but any request will not suspend or delay commencement of the
rights and obligations under the order pendente lite.
Any modification of the order pendente lite after an oral hearing shall
be retroactive to the effective date of the original order. D. Upon ex parte request of
any party, the court may at any time enter an order under which, during the
pendency of the proceeding, all parties are prohibited from transferring,
concealing, encumbering or in any way disposing of any property, marital or
separate, except in the usual course of business or for the necessities of life
and, if so enjoined, are required to notify all parties of any proposed
extraordinary expenditures and account to the court and the parties for all such
expenditures after the date of issuance of the order.
Any order entered hereunder shall remain in full force and effect until
final judgment without the necessity of further order of the court.
A bond is not required unless ordered by the court. 68.8 SETTLEMENT CONFERENCES
68.9 TRIALA. DEFAULTSIf no responsive pleading is filed within 45 days of service, the clerk shall place the case on the next available uncontested docket for hearing and notify counsel or the petitioner, if unrepresented. If the respondent has entered an appearance and has not waived notice of hearing or if there is a custody proceeding pursuant to the UCCJA, counsel for respondent or the respondent, if unrepresented, shall be notified of hearing. B. CONTESTED CASES 1. Within l5 days after the filing of an entry of appearance (not consenting to trial and waiving further notice) or other responsive pleading, the case shall be: a. assigned to a division; b. set for trial; and c. scheduled for a settlement conference before a commissioner or a judge not assigned to try the case (see Rule 68.8). C. USE OF SEPARATION AGREEMENTSIn all cases where written separation agreements are made under the provisions of § 452.325, RSMo., a copy of such executed agreement shall be submitted to the court for approval not less than five (5) days prior to the date set for hearing. WAIVER OF THE DIVISION OF PROPERTY WILL NOT BE ACCEPTED BY THE COURT. D. RESPONDENT NOT SERVEDIf a respondent is not served and does not enter an appearance within 90 days after the original pleading has been filed, a pretrial conference shall be placed on the next available docket to determine the status of service. E. HEARING CONDUCTED OR JUDGMENT ENTERED - WHENNo hearing shall be conducted nor judgment entered in any dissolution case until 1) thirty (30) days after service of process has been obtained; 2) thirty (30) days after entry of appearance filed in this court; or 3) in the case of a joint petition, thirty (30) days after said petition has been filed. 68.10 JUDGMENT - TRIAL, AFFIDAVITA. All judgments shall contain a finding of the court and must include and recite: 1. Full name of attorney or attorneys and party represented. If either party is not represented by counsel, the judgment shall so state. 2. The social security numbers of the parties. 3. The addresses of the parties, and the employers' names, if disclosed in the pleading. 4. Manner of service and when accomplished or entry of appearance, if one has been filed, showing date of filing. 5. Date and place of marriage, place of registration of marriage, and date of separation. 6. Residence of not less than ninety (90) days. 7. Statement that at least thirty (30) days have elapsed since the filing of the petition. 8. Statement regarding children born of the marriage (or if none so state), names and ages of children, in whose custody they are, and whether wife is pregnant. 9. That neither petitioner nor respondent is a member of the armed forces. If either party is a member of the armed forces, a statement that the member waives the Soldiers and Sailors Relief Act. 10. Whether or not there is marital property or marital debt to be divided or a written separation agreement entered into by the parties. The separation agreement shall be set forth in full, unless there is provision otherwise in the agreement. (Separation agreements may not be incorporated by reference.) Provisions in settlement pertaining to custody and child support must be included in the judgment, along with a statement that the court has examined the separation agreement and found it fair and not unconscionable. If the parties own personal or real property, the judgment of dissolution MUST provide for the disposition of all property, and if there is not real or personal property, the judgment shall so state. 11. A specific written parenting plan, setting forth the terms of such parenting plan arrangements specified in subsection 7 of section 452.310, RSMo. Such a plan may be a parenting plan submitted by the parties pursuant to section 452.310, RSMo., or, in the absence thereof, a plan determined by the court. 12. If there is a request that the wife's maiden name or former name be restored, the findings shall so state and set out in full the requested name to be restored. 13. In a proceeding for dissolution of marriage, that the marriage is irretrievably broken and that, therefore, there remains no reasonable likelihood that the marriage can be preserved; in a proceeding for legal separation, that the marriage is not irretrievably broken and that, therefore, there remains a reasonable likelihood that the marriage can be preserved. B. The judgment of the court shall contain the following provisions: 1. In a proceeding for dissolution of marriage, that the marriage between [name parties] is dissolved; in a proceeding for legal separation, a judgment of legal separation. 2. An award as to the custody of the children, if any minor children, support and maintenance payments, including payments through the clerk of the court, visitation rights and date payments are to begin. Upon application by the obligee or the Missouri Division of Child Support Enforcement of the Department of Social Services, the obligor's wages or other income shall be subject to withholding without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation. The order shall also contain provisions notifying the obligor that: a. the withholding shall be for the current month's maintenance and support; and b. the withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray delinquent support and maintenance, which additional withholding shall continue until the delinquency is paid in full. 3. Pursuant to subsection 11 of section 452.377, every judgment establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information: a. the intended new residence, including the specific address and mailing address, if known, and if not known, the city; b. the home telephone number of the new residence, if known; c. the date of the intended move or proposed relocation; d. a brief statement of the specific reasons for the proposed relocation of the child; and e. a proposal for a revised schedule of custody or visitation with the child. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice." 4. That the terms of the parenting plan shall be performed. 5. That the terms of the separation agreement (if one has been entered into) shall be performed. 6. Divide marital property and marital debt and set aside separate property, if appropriate. 7. Counseling for minor children as ordered by the court. 8. The wife's restored name shall be specified in full if restoration is requested. 9. That costs be taxed to one or both parties. In all cases an original and two (2) copies of the judgment shall be submitted to the court, plus one (1) copy if child support is to be paid through the clerk of the court, plus one (1) copy for each county in which there is real estate, title to which is transferred by the judgment of the court. C. JUDGMENTS AFFECTING REAL ESTATE. Counsel shall make written request to the circuit clerk that all judgments of dissolution of marriage or legal separation affecting title to real estate shall upon entry thereof be filed in the Office of the Recorder of Deeds in the county where the real estate is located. Said request shall specify the office of the recorder where the filing is to be made, and if other than in Boone or Callaway County, Missouri, the mailing address. Such expense of recording the judgment shall be taxed as costs in the case. D. ENTRY OF JUDGMENT UPON AFFIDAVIT-REQUIREMENTS. Final Orders Entered -- When. Final orders in a proceeding for dissolution of marriage or legal separation, motions to modify and actions for declaration of paternity may be entered upon the affidavit of either or both parties when: 1. there are no minor children born of husband and wife and the wife is not pregnant, or the parties are represented by counsel and have entered into a written agreement as to custody and child support; and 2. the parties are represented by counsel and have entered into a written agreement as to custody and child support and the affidavit establishes sufficient evidence that the court can find the custody arrangement is in the best interest of the minor children; and 3. the adverse party has been served in a manner provided by the Missouri Rules of Civil Procedure or has formally filed a verified entry of appearance or responsive pleading; and 4. there is no genuine issue as to any material fact; and 5. there is no marital property to be divided or the parties have entered into a written agreement for the division of their marital property. E. AFFIDAVIT - FILING. If one party desires to submit the matter for entry of final orders upon an affidavit, the submitting party shall file an affidavit setting forth sworn testimony showing the court's jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed judgment or order, a copy of any written agreement proposed for adoption by the court, a completed Form 14, and any other supporting evidence. The filing of such affidavit shall not be deemed to shorten any statutory waiting period required for entry of a judgment of dissolution or judgment of legal separation. F. HEARING REQUIRED - WHEN. The court shall not be bound to enter a judgment or order upon the affidavits of either or both parties, but the court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings. 68.11 CHILD SUPPORTA. FORM 141. The party requesting child support or modification thereof shall complete Civil Procedure Form 14 and shall file said form within 15 days after filing the initial pleadings and shall serve same upon the respondent to the action. The responding party shall likewise file a completed Form 14 within 15 days after filing any responsive pleadings if respondent contests any figures used by the opposing party in his/her Form 14. If no responsive pleadings are filed and the responding party contests the figures used on the opposing party's Form 14, the respondent's Form 14 shall be filed and served upon opposing counsel or party, if unrepresented, no less than five (5) days prior to hearing or submission if there is no hearing. Each party has a continuing duty to update their Form 14. B. RETROACTIVE PAYMENT OF CHILD SUPPORT 1. In all proceedings to modify any provision for support of a minor child or children in a judgment of dissolution or order of paternity, there shall exist a presumption that any modification (increase or decrease) of the obligation for payment of support for a minor child shall be retroactive to the date of filing of movant's statement of income and expenses or the date of service of movant's motion to modify, whichever shall occur later. 2. Any amounts paid by a party in excess of the then existing support obligation under the judgment of dissolution or order of paternity after the date of filing of movant's statement of income and expenses or the date of service of movant's motion to modify, whichever is later, shall be credited against the amount of any retroactive award. When the court reduces the child support retroactively, any amount paid by a party in excess of the support obligation as modified shall be credited toward any arrearage and the balance, if any, applied to future support. C. ASSIGNMENT OF WAGES1. Effective January 3, 1994, income withholding shall be initiated on the effective date of every order for child support or maintenance entered or modified except as provided by section 452.350.2(1) or (2), RSMo., 1993. The custodial parent shall file one of the following documents with the judge at the time the support is ordered, or with the Circuit Clerk on the date the support is ordered: a. The Notice of Income Withholding approved by the Missouri Supreme Court and distributed by the Office of the State Courts Administrator; or b. The parties’ written agreement to an alternate form of payment. 2. The party obligated to pay child support or maintenance with respect to orders entered prior to January 3, 1994, may execute a voluntary income assignment at any time, which assignment shall be filed with the court and shall take effect after service on the employer or payor D. PAYMENTS TO CIRCUIT CLERK FOR MAINTENANCE AND SUPPORT1. The clerk shall accept only cash, certified check, business check, money order or the equivalent in satisfaction of maintenance or support payments. Tender of or attempt to satisfy a support obligation by personal check shall be ineffective and shall not constitute a defense to contempt proceedings initiated under Section 452.345, RSMo. 2. The circuit clerk may set more restrictive policies with respect to payments in accordance with law. E. WAGE WITHHOLDING Upon application by the obligee or the Missouri Division of Child Support Enforcement of the Department of Social Services, the obligor's wages or other income shall be subject to withholding, without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation: 1. The withholding shall be for the current month's maintenance and support; and 2. The withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray delinquent support and maintenance, which additional withholding shall continue until the delinquency is paid in full. 68.12 MEDIATION OF CHILD CUSTODY AND VISITATION DISPUTESA. In every case involving contested issues of custody and/or visitation, the parties shall participate in a minimum of two (2) hours of mediation pursuant to Missouri Supreme Court Rule 88.02 through 88.08 and this local court rule unless waived by the court as hereinafter set forth. Any mediation beyond the initial two hours shall proceed by mutual agreement of the parties and the mediator. B. The petitioner shall file Circuit Court Form 15 in all domestic relations matters in which there are minor children. Form 15 shall be filed no later than 60 days from the date of service. The Court may dismiss the case if Form 15 is not filed in a timely manner, unless good cause is shown. C. If Form 15 is not filed within 60 days, or the parties have not selected a mutually agreeable mediator, the Court shall appoint a mediator from the court-approved list to conduct mediation pursuant to this rule. The court administrator shall maintain a list of persons qualified under this local court rule and Missouri Supreme Court Rule to act as mediators of child custody or visitation disputes. The training, qualifications and hourly rates of each mediator shall be included on the list. This list shall constitute the "court-approved list" of mediators referred to in Missouri Supreme Court Rule 88.05(a), and shall be updated as deemed appropriate by the court administrator. Annually, mediators who wish to remain on the list shall update the court administrator regarding any continuing education completed during the year. It is expected that mediators will maintain and develop mediation skills by attending a minimum of six hours of mediation related training annually. The court administrator shall accept applications for inclusion on the list and make recommendations to the presiding judge as to which applicants meet the requirements of this rule. Where appropriate the court may order mediation through the MARCH program. In all cases where the parties have agreed upon a mediator, the Court will appoint said mediator for the purposes of this rule. D. The mediator shall inform the Court of his/her acceptance of appointment within 10 days of said appointment and file a Notice of Mandatory Mediation Compliance form within 20 days of acceptance of appointment. E. The mediator and the parties will determine the fee. Where the parties cannot agree upon the method or allocation of the mediator's payment, the court retains the authority to determine a final, equitable allocation of the costs of the mediation process. If a party fails to pay for the mediator, the court may, upon motion, issue an order for the payment of such costs and impose appropriate sanctions. If a party is determined indigent by the court and free or low-cost mediation services are not available, the court may waive the mediation requirement and the case shall proceed otherwise. F. If either party fails to appear for any mediation session without reasonable notice, the court may, on motion, award mediator’s fees and/or costs or impose any other appropriate sanction provided by law. G. Some cases may be inappropriate for mediation. The mediator shall complete a thorough screening for domestic violence. If the case is deemed inappropriate for mediation due to domestic violence, or for any other reason determined by the mediator, the mediator shall immediately file the Notice of Mandatory Mediation Compliance Form with the Court. H. Any party may petition the Court to disqualify a court appointed mediator for good cause. A mediator who has been appointed shall advise the Court of any fact bearing on their qualifications, including any fact which would be reason for their disqualification. If the Court disqualifies a mediator an order shall be entered naming a qualified replacement. Nothing shall limit the mediator’s ability to refuse assignment of any mediation under this rule. I. No case shall be set for trial until the Notice of Mandatory Mediation Compliance form is filed with the Court, unless waived by the Court upon a showing of good cause.
WEBMASTER'S NOTE: Form 15, the Order for Mediation and Appointment of Mediator, and Notice of Mandatory Mediation Compliance appear below in browser-readable format. Right-click here to download Microsoft Word versions of these forms. Right-click here to download WordPerfect versions of these forms. Both versions also are accessible from the Forms page on this web site. Form 15IN THE THIRTEENTH JUDICIAL CIRCUIT COURT OF MISSOURI In re the Matter of ____________________ and Case No.: ____________________ PETITIONER/RESPONDENT'S RESPONSE TO RULE 68.12 Form 15 must be completed by Petitioner and filed no later than 60 days from the date of service, when a dissolution or motion to modify involves children. Check all that apply: 1. __ The parties have completed two hours of Rule 68.16 mediation as verified by theNotice of Mandatory Mediation Compliance. 2. __ The parties have no disputes regarding parenting issues regarding the children. 3. __ The required mediation under Rule 68.16 has been waived by order of the Court. IF YOU HAVE SELECTED 1, 2, OR 3 ABOVE, YOU NEED ONLY SIGN THE AFFIDAVIT BELOW AND FILE FORM 15. IF YOU CANNOT SELECT 1, 2 OR 3 ABOVE, PLEASE CONTINUE. 4. __ The parties have a dispute regarding parenting issues and have not been to a mediator:
5. __ There has been or there is a current Restraining Order or Protection From Abuse Order involving the parties or the child. |
