Pretrial Matters
31 - Service of Process
    31.1 - Special Process Server
    31.2 - Out of County Service
32 - Discovery 
    32.1 - Use of Discovery and Certification to Circuit Division (No Local Court Rule)
    32.2 - Interrogatories 
    32.3 - Depositions 
    32.4 - Motions for Sanctions 
    32.5 - Criminal Discovery 
33 - Pretrial Motions 
    33.1 - Hearing Dates 
    33.2 - Brief in Support of Motions 
    33.3 - Oral Arguments 
    33.4 - Motions in Limine 
    33.5 - Ruling on Motions in Chambers 
34 - Continuances 
    34.1 - Civil Cases 
    34.2 - Criminal Cases 
35 - Pretrial Conferences 
36 - Setting Cases for Trial 
    36.1 - Request for Trial 
    36.2 - Date of Calendar Call 
    36.3 - Preparation of Calendar (No Local Court Rule) 
    36.4 - Calendar Call 
    37.5 - Inactive Calendar (No Local Court Rule) 
    37.6 - Revision of and Removal from Prepared Calendar 
    36.7 - Special Assignments 
37 - Dismissals 
    37.1 - Dismissal Docket 
    37.2 - Scheduling of Dismissal Dockets  

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RULE 32. DISCOVERY

32.1   USE OF DISCOVERY AND CERTIFICATION TO CIRCUIT  DIVISION

(No Local Court Rule)

32.2   INTERROGATORIES

A.         Each party shall be limited to propounding a total of thirty (30) interrogatories, including sub-parts thereof, except as provided in paragraph F, herein. With leave of the court, upon good cause shown, additional interrogatories may be propounded.

B.         The interrogatories shall be served upon adverse counsel in writing and shall, when possible, be accompanied by the computer disk producing them.  The interrogatories are not to be filed with the court, except as provided by paragraph D herein.  The interrogating party shall show on the interrogatories the "Certificate of Mailing" and shall file with the court at the time they are mailed a "Certificate of Mailing" of the interrogatories, which shall include the following:

1.         the party to whom mailed;

2.         the date of mailing;

3.         designation of pleading as first interrogatories, second interrogatories, etc; and

4.         the signature of attorney or party mailing the interrogatories.

C.        The interrogated party shall reproduce the interrogatory before each answer, using the same interrogatory number as in the interrogatories propounded by the opponent, or respond in the space provided on the interrogatories from the interrogating party.

D.        If a motion placing the interrogatory in issue is filed, the movant shall contemporaneously file each interrogatory and answer that is the subject of the motion.

E.         Where a party files objections to any interrogatories, the interrogatory objected to shall be set out in full before the stated objection.

F.         Any party propounding interrogatories in medical negligence, auto accident, premises liability and products liability cases shall use pattern interrogatories approved by the court.  No objection to the pattern interrogatories will be entertained by the court, unless the objecting party simultaneously requests leave of court to so object, because of some unusual and/or exceptional reason.  After receiving answers to the pattern interrogatories, any party that requires further information may propound up to five additional interrogatories without leave of court.  If further information is required after these interrogatories have been answered, additional interrogatories may be propounded only after the party desiring additional information obtains leave of court.  Any interrogatories that are propounded in addition to the pattern interrogatories may be objected to as appropriate.

G.        Copies of court approved pattern interrogatories are included in the appendix to these local court rules.

32.3   DEPOSITIONS

Any deposition or portion thereof, which shall be offered into evidence pursuant to Local Court Rule 53.A.8 and 53.B.3, shall be filed with the court at the time the disclosure is filed with the court.

At the conclusion of the hearing or trial the clerk shall return the deposition to the party that filed or delivered the deposition, who shall retain it until the case is finally disposed.

32.4   MOTIONS FOR SANCTIONS

See Local Court Rules 32.2 E and 53.

32.5   CRIMINAL DISCOVERY

See Local Court Rule 53.

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RULE 33. PRE-TRIAL MOTIONS

33.1   HEARING DATES

All pre-trial motions shall be filed no later than five (5) days before the law day immediately preceding the trial date and shall be heard no later than the law day immediately preceding the trial date.  (Also see Local Court Rule 2.3.)

33.2   BRIEF IN SUPPORT OF MOTIONS

All motions shall be in writing and may be accompanied by a written memorandum or brief setting forth reasons in support thereof with citations and points relied upon.  Adverse parties may, within ten (10) days, file written memoranda in opposition to said motion with citations and points relied upon. If argument or the presentation of evidence is requested, the motion should be accompanied by a notice of hearing on an appropriate docket.  If no memoranda be filed, the court will consider the motion without argument.  Upon submission, the court may require such memoranda or briefs as the court may deem advisable.  Time to file written memoranda may be extended by the court for good cause shown.

33.3   ORAL ARGUMENTS

If the moving party desires oral argument, the request for argument shall be filed with the motion and accompanying memorandum or brief.  The responding party may request oral argument, if not requested by the movant, with the filing of a responsive memorandum.

Oral argument shall be ten (10) minutes for each party with moving party permitted to divide the total time with not more than four (4) minutes for rebuttal.  On application by either party the court may grant additional time.

33.4   MOTIONS IN LIMINE

See Local Court Rule 33.1 supra.

33.5   RULING ON MOTIONS IN CHAMBERS

Motions which do not require the introduction of evidence and where argument is not requested, shall be submitted to the court for ruling in chambers fifteen (15) days after service has been accomplished on adverse parties.

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RULE 34. CONTINUANCES

34.1   CIVIL CASES

Motions for continuances are to be filed within thirty (30) days after the trial is set.  Continuances shall be granted only upon a showing of good cause.  The party requesting the continuance shall sign the motion for continuance or shall appear personally in court, unless excused by the judge hearing the motion.

In the associate divisions, requests for continuance shall be filed in writing at least seven days prior to the scheduled court hearing.  If said motion is not filed within seven days, the parties must appear in court to argue the motion.

When a continuance is granted in a case, said case shall forthwith be restored to the next trial setting docket, unless the court shall direct otherwise.

When a continuance is granted in a hearing on a guardianship/conservatorship estate or mental heath case, hearing on said case shall be reset to a date certain at the time the continuance is granted.

Continuances due to engagement of counsel - See Local Court Rule 21.1.C.

34.2   CRIMINAL CASES

In criminal cases, no continuances shall be granted unless the court finds the ends of justice served by taking such action outweigh the benefits of a speedy trial.  The defendant shall be present for hearing on the request for continuance unless excused by the court.  When a criminal case is continued, it shall be forthwith restored to the trial setting docket or continued to a date certain.

Continuances due to engagement of counsel - See Local Court Rule 21.1.C.

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RULE 35. PRE-TRIAL CONFERENCES

All criminal cases scheduled for jury trial in Boone County shall be set for a pre-trial hearing on the law day no less than one week preceding the trial date. Any preliminary matters, including pleas of guilty and pre-trial motions, shall be noticed up and heard as provided in Local Court Rules 2.3, 33.1, and 34.2. The defendant shall be required to be present for the pre-trial hearing. 

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RULE 36. SETTING CASES FOR TRIAL

36.1   REQUEST FOR TRIAL

No case will be placed on the trial docket until the case is at issue, except as otherwise provided in these rules.

A.         Written request for trial setting shall be received by the clerk of the civil division not less than ten (10) days before the date on which the docket is called, the copy of request simultaneously furnished opposing counsel.  The request shall be in the following form:

RE:      _______________

vs.                   Case No. _____________

_______________

The above case is at issue.  All discovery has been or will be completed by   [date]   on behalf of __________________ and request is hereby made that it be placed on the trial docket.  Jury requested/waived [strike inapplicable]. Estimated time of trial [ ____ day(s) or ____ hour(s)].

_____________________

Attorney for ___________

B.         After a civil case has been set for trial by jury, if the parties thereafter waive jury trial, the case shall thereupon be continued to a non-jury trial period.

C.        Cases heard before associate circuit judges may be set for trial by request made in open court on the return date.

36.2   DATE OF CALENDAR CALL

Docket call shall be promulgated by administrative rule.

36.3   PREPARATION OF CALENDAR

(No Local Court Rule)

36.4   CALENDAR CALL

Counsel who are not present at docket call, in person or by local counsel, or who do not provide conflicts in writing prior to docket call, will be deemed to have consented to such settings.  IF MORE THAN TEN (10) DAYS ARE SHOWN AS CONFLICTS IN ANY CALENDAR MONTH, ALL CONFLICTS SHALL BE SPECIFIED WITH PARTICULARITY.

NOTE: The following indented and italicized information is not a part of the official rules. It sets out a policy change on submission of trial-setting conflict dates and is presented here for the convenience of the bar.

Effective immediately, all trial-setting conflict dates for Boone and Callaway counties are to be submitted to Marla Gunn in the Circuit Judges' Office at the Boone County Courthouse, Presiding Judge Gene Hamilton announced at the Bench-Bar Dinner on April 29, 2003.

The new policy was announced in response to a question submitted to the court by the bar concerning procedures for submitting conflicts. The bar's question noted that under former procedures, conflicts had to be submitted to different people for different types of cases, which resulted in confusion.

Under the new policy, conflicts submitted to Marla will be distributed by her to the personnel who set various types of cases. To facilitate this process, submissions should note:

(a) Whether the conflict dates are for particular types of cases;

(b) Whether they relate to a specific case; and

(c) Whether they are for Boone County, Callaway County, or both.

Conflicts should be submitted IN WRITING to Marla either by letter (mailed or delivered), fax or email, as follows:

Marla Gunn
Circuit Judges' Office
Boone County Courthouse
705 E. Walnut St.
Columbia, MO 65201-4448
Fax: 573-886-4070
Email: marla_gunn@osca.state.mo.us

Because there are at least two Circuit Civil, Family Court and Felony Criminal setting dockets each month, lawyers should plan to submit conflicts ON OR BEFORE the first Monday and ON OR BEFORE the third Monday. Weekly submissions are appropriate for lawyers who frequently practice before the Associate Circuit Judges because their dockets are set on a weekly basis.

Judge Hamilton reminded bar members of the requirements of Local Rule 36.4 (see above).

36.5   INACTIVE CALENDAR

(No Local Court Rule)

36.6   REVISION OF AND REMOVAL FROM PREPARED CALENDAR

A.         Application by adverse parties to remove a case from the trial request docket shall require a showing of good cause and shall be made in writing to the court with a copy of such request to opposing counsel within ten (10) days of receipt by the circuit clerk of the request for trial setting.  Upon said application being granted, the case will be placed on the trial docket for the next succeeding docket call.

B.         Additional discovery in a case placed on the trial docket shall not be precluded by that fact.

36.7   SPECIAL ASSIGNMENTS

A.         Extraordinary legal remedies and other matters entitled to priority setting by statute or rule may be set at the discretion of the court without being placed on the trial setting docket.

B.         The court may set more than one case for trial on any given day, and all cases so set shall be ready for trial and may be assigned for hearing to any division.

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RULE 37. DISMISSALS

37.1   DISMISSAL DOCKET

A.         CIRCUIT CIVIL

All cases remaining inactive and on file for a period of six (6) months shall, upon 30 days written notice to the parties or their attorney, be dismissed without prejudice for failure to prosecute, except for good cause shown.  Further, a request for a case on the dismissal docket to be placed on the trial request docket shall not be made or granted except for good cause shown and upon written motion submitted with notice to all parties.  Adverse parties shall have at least ten (10) days notice within which to file written memoranda in opposition to said motion.

B.        DOMESTIC RELATIONS AND ASSOCIATE CIVIL

All cases remaining inactive and on file for a period of two (2) months shall, upon 30 days written notice to the parties or their attorneys, be dismissed without prejudice for failure to prosecute, except for good cause shown.

C.        SUMMARY CIVIL

All cases remaining inactive and on file for a period of thirty (30) days shall, upon 15 days written notice to the parties or their attorneys, be dismissed without prejudice for failure to prosecute, except for good cause shown.

37.2   SCHEDULING OF DISMISSAL DOCKETS

Dismissal dockets shall be scheduled monthly.

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Last modified: January 09, 2008