13th Judicial Circuit - Local Rule 63

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.