SEVENTEENTH
JUDICIAL CIRCUIT RULES
(CASS AND
{Effective
ADMINISTRATION:
Rule 1 Divisions of Court: The Courts within this circuit shall be
designated as Division I and II (circuit divisions), the Associate Division and
the Probate Division.
Rule 2 Hours and Terms of
Court
2.1 Hours of Court: Each judge shall set
the hours when his or her court shall begin.
2.2 Terms of Court: [No local rule].
2.3 Law Days: In Cass County, Division I’s
law days shall be on the first and third Mondays of each month and Division
II’s law days shall be on the second and fourth Mondays of each month. In
2.4 Particular Matters on Particular Days:
Only uncontested matters, discovery disputes, criminal arraignments, pleas,
sentencings, probation-revocation hearings, pre-trial conferences and orders to
show case regarding child support may be noticed for hearing on law days,
absent the judge’s express permission.
2.5 Weekend “Duty Judge”: At least one
judge shall always be available in each county to sign warrants and juvenile
detention orders and to set bail, which duty, in Johnson County, shall
alternate between the judges of Divisions II, the Associate and Probate
Divisions, and in Cass County, shall alternate between the judges of Divisions
I, the Associate and Probate Divisions.
The “duty judge” shall inform the Sheriff's Office of telephone numbers
and addresses where he or she can be reached.
Rule 3 Pleadings
3.1 Caption: Plaintiffs shall provide
service instructions for defendants living in a rural area (“911” address) and,
for corporate defendants, its agent’s address and telephone number. [See Civil Rule 55.02]
3.2 Style: All pleadings and motions filed
shall be typewritten (double-spaced, not less than ten pitch and ten characters
to the inch in fixed-space type and not less than twelve point font in
proportionally-spaced type) on one side of each 8½” X 11” page, with top and
side margins of at least 1”. Each
document shall be captioned with the style and number of the case,
descriptively titled, securely bound at the top left, display page numbers at
the bottom center, and be filed in sufficient copies for requisite
service. [See Civil Rule 41.07]
Rule 4 Filing of Cases and Service of Process: The clerk shall list the
parties’ names and their respective counsels’ names and telephone numbers on
the docket sheet.
4.1 Criminal Cases: All informations that
charge a misdemeanor or an infraction and all complaints that charge a felony
shall be filed in the Associate Division.
All indictments shall be filed with the circuit clerk.
4.1.1 Criminal Cases
(a) All complaints, informations or indictments
shall be filed in the appropriate office of the Circuit Court. The prosecuting attorney shall provide the
appropriate Missouri Charge Code number (as defined in 43.500 RSMo subsection 6
which includes the requirement for the NCIC modifier) for each count or
alternate count alleged in the pleading.
(b) Offence Cycle Number (OCN)
a. If the defendant is in custody or has been
arrested on the alleged offense, the prosecuting attorney shall provide the OCN
from the state criminal fingerprint card, as defined in 43.500 RSMo subsection
7 on the complaint, information or indictment. (Adopted
4.1.2 Traffic
Cases
The prosecuting attorney
shall provide the appropriate Missouri Charge Code Number (as defined in 43.500
RSMo subsection 6 which includes the requirement for the NCIC modifier) for all
cases filed by the Uniform Citation.. (Adopted
4.1.3
Municipal Cases
(a)
Municipal cases shall be filed in the office of the
Circuit Court. The prosecuting attorney
shall provide the appropriate Missouri Charge Code Number (as defined in 43.500
RSMo subsection 6 which includes the requirement for the NCIC modifier) for all
cases filed by the Uniform Citation. (Adopted
4.2 Civil Cases: Upon application of any
party requesting the appointment of a disinterested and qualified special
process server, any judge of the Circuit or the Circuit Clerk of Cass or
4.3 JIS Party Information Sheet: It is required
that all Petitioners/Plaintiffs shall file with the Circuit/Associate/Probate
Clerk the JIS Party Information Sheet pursuant to Missouri Supreme Court
Operating Rule 4.07 at the time of the
filing of the Petition. JIS Party Information Sheets are available in the
office of the Circuit/Associate/Probate Clerk. The Clerk shall not accept for
filing any new case unless it is accompanied by the mandatory statistical JIS
Party Information Sheet, completed in full (only the last 4 digits of social
security numbers are needed). The Circuit/Associate/Probate Clerk is authorized
to and will destroy the JIS Party Information Sheet immediately after the case
file is entered into JIS. (Adopted
4.4 Juvenile Cases: All juvenile cases
shall be filed with the circuit clerk.
The circuit clerk shall make copies of all records within the clerk’s
control regarding any juvenile case available to the attorney who has filed an
entry of appearance for a party in a juvenile case, except that no one shall
disclose the identity of any reporter of abuse or neglect.
4.5 Small Claims Cases: All small claims
cases shall be filed in the Associate Division.
4.6
Filing of Pleadings
by Facsimile Transmission Pursuant to Supreme Court Rules 43.02(c) and (d) and
20.04(h): The court shall accept filings by facsimile transmission in all civil
and criminal cases. Further, the court
shall accept filings by facsimile transmission in all Probate Division
proceedings.
The party filing an original pleading
shall submit the appropriate filing fee to the clerk within the ensuing two
business days. If any filing after the
original pleadings is filed by facsimile transmission, such filing shall also
be served by facsimile transmission upon all other parties whose facsimile
number has been set forth in such party’s pleadings. (Amended
Fax
filings shown received by the Clerk of the Court by
4.7 Rescinded
(
4.8 Administrative Review Cases (Chapter 302
RSMo) (Johnson Co.): All Administrative Review cases filed
under 302.750 RSMo. for Refusals to Take Breathalyzer Tests and under 302.309
Requests for Limited Driving Privileges shall be initially filed in the Circuit
Division of the Circuit Court.
(Effective
4.9 Certain
Real Estate Cases (Chapters 534 and 535 RSMo) (Johnson Co.): All Rent and
Possession cases filed under Chapter 535 RSMo; and unlawful detainer cases filed
under Chapter 534 RSMo shall be initially filed in the Circuit Division of the
Circuit Court. (Effective
Rule 5 Filing Fees and Costs (Amended
5.1 Filing Fee and Cost Deposit: The clerk shall
require and receipt for the following sums unless otherwise provided by statute: (Amended
Dissolution/ Modification – Dissolution cases $ 97.00
All other civil cases $ 95.00
Foreign Judgments $ 97.00
Adoptions (Includes GAL deposit) $395.00
All cases requiring Publication deposit – add $150.00
Appeals $ 70.00
NOTE: In all cases requiring service of process,
the party/attorney requesting service shall include with the filing fee a
separate check made payable directly to the Sheriff of the county and state
where service is requested. The
party/attorney requesting service is
responsible for
contacting the Sheriff to determine the amount of the required service fee. (Amended
17th
Circuit - Associate Division
All
original civil cases $43.00
Plus
service to each defendant $20.00 plus mileage
(unless
special-process service is approved by the court)
Small
claims by registered mail $30.00 plus postage
(Cost
of service shall be paid in advance)
Small
claims, where service by sheriff requested:
Each
defendant $20.00 plus mileage
(Amended
5.2 A
fee of $20.00 shall be charged and
collected by the Circuit Clerk in exchange for a copy of a recording of any
court proceeding preserved by sound recording in any division of the
court. Any such request shall be made in
writing, and shall include the style of the case and the date of the hearing. (Adopted
5.2.1. Rescinded
(
5.3 Witness
Fee: [No local rule]
5.4 Waiver
of Fees: [No local rule]
5.5 Motion
for Security: [No local rule]
5.6 Method of payment: Unless otherwise
authorized by the judge or clerk of the division in which payment is to be
made, all costs, fees miscellaneous charges, surcharges, fines and other
amounts payable to the court shall be paid in legal tender or by approved
negotiable instrument.
5.7 Writ of Execution Fee: [No local rule] Amended (
Rule 6 Assignment of Judges, Cases and Transfer of Cases
6.1 Assignment to Associate Circuit Judges
6.1.1 By Local Court Rules or Order: In addition to the types of cases listed within Mo.Rev.Stat. §517.011, the following types of cases may be heard within the Associate and Probate Divisions, under procedures applicable to circuit judges:
(a) Trials de novo from the municipal division;
(b) Uncontested actions involving the title to real estate;
(c) Cases assigned to an associate circuit judge by the presiding circuit judge; and
(d) Adversary proceedings within the probate division.
(e)
Any default or uncontested domestic relations
matters pending before any judge of any division of this court may, by
agreement of all parties not in default, be heard by any judge of any division
of this court who agrees to hear the matter.
For purposes of any subsequently filed modification motion, the case is
automatically re-assigned to the judge assigned by these rules to the case.
(Adopted
6.1.2 Rescinded (
6.1.3 Special Assignment: All special assignments shall be by written order of the presiding judge, as modified from to time to time and as attached to the set of rules maintained by the Circuit Clerk.
(Amended
6.2 Rescinded
(
6.3 Rescinded
(
6.4 Trial De Novo: Matters certified for trial de novo from matters originally heard by the judge of the Associate Division shall be heard by the judge of the Probate Division and all such de novo matters originally heard by the judge of Probate Division shall be heard by the judge of the Associate Division.
6.5 Disqualification, Recusal, etc., of Judge: [No local rule]
6.6 Absence of Judge: Any judge within the circuit may act in the stead of an unavailable associate judge, an unavailable judge in any ex-parte matter and, upon the parties’ agreement, in any matter.
6.7 Absence of Presiding Judge: If the presiding judge is unavailable to act, the other circuit judge shall act as the presiding judge. If both circuit judges are unavailable to act, the associate circuit judge with seniority on the bench and who is available to act, shall act as the presiding judge.
6.8 Juvenile Proceedings: Any judge of Divisions I, II, the Associate or Probate Divisions may sign 72-hour juvenile detention orders, protective-custody orders or other orders, whenever presented by the juvenile officer or a deputy juvenile officer and may hear and determine proceedings for the detention of juveniles, whether or not the judge having responsibility for juvenile cases is within the circuit.
6.9 Municipal Division Cases: At any time a judge presiding over a case pending in a municipal division is disqualified or a change of judge is requested, the presiding circuit judge shall appoint any other municipal judge within the Circuit whose municipality has made a provision under Mo.Rev.Stat. §478.240 for the payment of a substitute judge, said appointment to be done by application to the presiding circuit judge or by standing order.
Rule 7 Withdrawal of Filed Documents From Clerks’ Offices:
7.1 When Allowed: No file may be removed
from the clerk’s office nor may any paper be removed from any file by anyone
other than court personnel.
7.2 Duplicating Policy: [No
local rule] (Amended
7.3 Sound Recording Policy: Should a party
to a matter that is not required to be heard on the record request that the
proceedings be recorded (and, if the court grants that request), the party
shall first deposit a fee of $10.00 per estimated tape, which shall not entitle him or her to the original
or a copy of the tape. Should a party
desire to listen to the tape from any tape-recorded proceeding, he or she shall
schedule the time for doing the same with the clerk.
7.4 Fax Transmission Fees: Facsimile
transmission charges shall be $3.00 for the first page and $1.00 for each
subsequent page, plus the actual cost of long distance charges.
Rule 8 Publication of Dockets
8.1 Trial
Docket: [No local rule]
8.2 Dismissal
Docket: [No local rule]
Rule 9 Courtrooms
9.1 Assignment: [No local rule] (Amended
9.2 Place
of Hearing: [No local rule]
9.3 Use
of Counsel Table: [No local rule]
9.4 Courtroom Decorum and Dress: [No local rule]
9.5 Who
is Permitted Within Bar: [No local
rule]
Rule 10 Court
Reporters and Compensation for Same: [No
local rule]
Rule 11 Recording
and Electronic Coverage of Judicial Proceedings by the Media: All electronic
coverage of judicial proceedings by the media shall be subject to and in
accordance with Supreme Court Administrative Rule 16.
Rule 12 Monies Paid Into Court: [No local rule]
Rule 13 Communications with Court: [No local rule]
GENERAL RULES:
Rule 21 Attorneys
21.1 Resolution of Conflicting Trial Settings:
Should more than one case in which the same attorney appears as counsel be set
for trial at the same time in different divisions within this circuit, the
trial of the earliest-filed case shall take precedence and the later-filed case
shall be reset for trial at the earliest possible time.
21.2