LOCAL COURT RULES. 39th Judicial Circuit

Transcription

1 LOCAL COURT RULES of the 39th Judicial Circuit Barry, Lawrence and Stone Counties Circuit Judge Hon. Jack A. L. Goodman Associate Circuit Judges Hon. Victor W. Head, Barry County, Associate Division I Hon. Robert Foulke, Barry County, Associate Division II Hon. Scott S. Sifferman, Lawrence County, Associate Division I Hon. Samuel C. Jones, Lawrence County, Associate Division II Hon. Alan M. Blankenship, Stone County, Associate Division I Hon. Mark A. Stephens, Stone County, Associate Division II Circuit Clerks J. Craig Williams, Barry County Steven W. Kahre, Lawrence County Deborah J. Scobee, Stone County Effective: December 1, 2013 (Revised: October 1, 2013)

2 TABLE OF CONTENTS OF LOCAL COURT RULES OF THE 39TH JUDICIAL CIRCUIT COURT RULES Rule 1...Divisions of Court 1 Rule 2... Hours and Terms of Court Hours of Court Terms of Court Law Days Criminal and Civil Law Days for Division One Motion Days Particular Matters on Particular Days Pending Motions Announcements Criminal Cases on Law Day or Opening Days Files in Courtroom Motions May Not Be Passed by Agreement Disposition of Felony Cases in Division II Motion for Summary Judgment and Pre-Trial Motions Scheduling Orders and Trial Settings Judicial Availability for Admission to Bail and for Orders of Protection Holiday, Evenings and Weekends Ex Parte Petitions for Order of Protection Fax Transmission or Oral or Written Authorization by Judge Warrant or Ex parte Denied Delivery to Sheriff or Police Department Notice of Court's Availability Posted 5 Rule 3... Pleadings Caption - Civil Cases Caption - Probate Cases Caption - Juvenile Cases Caption - Small Claims Court Style - All Cases Format Attorney Signature Service Copies to Be Provided by Counsel 7 Rule 4... Filing of Cases All Cases Fax Filings Processed Upon Receipt of Filing Fee Proof of Service 7 Rule 5... Fees and Costs Filing Fees Fee Deposit Costs 8

3 Cost Deposit Miscellaneous Administrative Costs Witness Fees Waiver of Fees Motion for Security 9 Rule 6... Assignment of Judges, Cases, and Transfer of Cases Associate Divisions I and II Assignment to Associate Circuit Judges URESA Municipal Division Provision for Municipal Ordinance Violation No Provision for Municipal Ordinance Violation Request for Change of Judge Recording, Associate Division Automatic Assignment to Associate Circuit Judge Associate Circuit Cases Disqualification of an Associate Circuit Judge Trial de novo from Associate & Small Claims Probate Assignment Special Assignment Associate Judge Assignment Bench Copies Assignment Upon Change of Venue (Within 39 th Judicial Circuit) Assignment to Circuit Judges Certification to Circuit Division Trial de novo Disqualification of Judge As provided in Supreme Court Rule Presiding Judge Assignment Notification Absence of Judge Any Judge within 39 th Judicial Circuit 13 Rule 7... Withdrawal of Papers from Clerk's Office When Allowed No files removed Duplicating Policy Requests for Copies of Court Records Redaction 13 Rule 8... Publication of Dockets Trial Docket--Division I Dismissal Docket 14 Rule 9... Courtrooms Assignment of Courtroom Place of Hearing Use of Counsel Table Courtroom Decorum and Dress 15

4 Who Is Permitted Within Bar 16 Rule Court Reporters and Compensation Orders for Transcripts on Appeal Preparation of Transcript on Appeal Typewritten Transcript of Records from Electronic Recording Device Transcription by OSCA 16 Rule Recording of Judicial Proceedings 16 Rule Moneys Paid into Court Bond in Civil Cases 17 Rule Communications with Court Oral Communications with the Court Written Communications with the Court 17 Rule Service of Orders, Judgments and Other Documents by the Court 17 Rule Special Process Servers 17 GENERAL RULES Rule Attorneys Resolution of Conflicting Trial Settings Entries of Appearance Conduct of Attorneys Withdrawal of Attorneys Written Motion and Notice Service of Motion and Notice Last Known Address of Client Appearance of Attorney Attorney to Notify Client Failure of Attorney to Answer Docket Call Appointment of Attorneys Agreement of Attorneys Advice to Clients and Witnesses of Courtroom Procedures 19 Rule Appointment of Guardian Ad Litem When Appointed Cost Deposit 20 Rule Transcripts 20 Rule Exhibits Attorneys Responsible for Exhibits Attorney to Provide Exhibit List to Clerk Making Record 20 PRETRIAL MATTERS Rule Discovery Use of Discovery and Certification to Circuit Division Interrogatories Depositions Motions for Sanctions Criminal Discovery 21 Rule Pretrial Motions Hearing Dates 21

5 Briefs in Support of Motions, When Required Oral Arguments Motions in Limine 21 Rule Continuances Civil Cases Criminal Cases 22 Rule Pretrial Conference 23 Rule Setting Cases for Trial Requests for Trial Settings Civil Circuit Jury Case Civil Circuit Non-Jury Case Civil Scheduling Order and Mediation Criminal Cases Jury and Non-Jury Cases Date of Docket Call Preparation of Docket Docket Call Inactive Docket Revision of and Removal from Prepared Docket Special Assignments 24 Rule Dismissals Dismissal Docket Reinstatement of Cause 25 Rule Settlement Notice of Settlement 25 Rule Defaults 25 TRIALS Rule Court Tried Cases Default and Uncontested Matters Contested Matters Preparation of Findings of Fact And Conclusions of Law 25 Rule Selection of Jury Jury Questionnaires Circuit Clerk's Duties 26 Rule Jury Trials Instructions Closing Arguments Unless Necessary, No Jury Trials Held in December 27 Rule Judgment Entry Contested Cases Default or Uncontested Cases 27 RULES RELATING TO PARTICULAR ACTIONS Rule Adoption Filing Requirements Home Study 27 Rule Drivers' Cases Applications for Hardship Driving Privileges 28

6 Petitions for Review Breathalyzer Test 28 Rule Associate Division Cases 28 Rule :Cases Arising under Chapters 207 and 208 Rsmo Rule Civil Commitment 28 Rule Condemnation 29 Rule Criminal Cases Pretrial Release Qualifications of Bail Bondsmen Motions to Set Bond and for Bond Reduction Deposit of Operator's License Preliminary Hearing Grand Jury Attorneys Arraignments In General Dates Discovery Motions Plea Bargaining Guilty Plea Where Entered Petition to Enter a Plea of Guilty Docket Probation and Parole 31 Rule Dissolution of Marriage and Child Custody Proceedings Filing Requirements Pursuant to Chapter Missouri Department of Health Certificate of Dissolution Temporary Custody and Visitation Interrogatories Separation Agreement Proposed Judgment Filing of Form Dr-1 and Form 14 Required Prior to Trial Educational Sessions Modification of Decree Entry of Judgment Upon Affidavit - Requirements Final Orders Entered - When Affidavit - Filing Interim Family Law Order 33 Rule Municipal Division 33 Rule Partition 33 Rule Administrative Reviews 33 Rule Probate 34 Rule Small Claims 34 Rule Trust Estates 34

7 Inventory Reports Record Audit 34 Rule Execution 34 Rule Garnishment 34 Rule Judicial Sales 34 Rule Presiding Judge Local Court Rules Library Fund Storage of Records Reproduction, Preservation, Archival Storage and Disposal of Original Circuit Court Files and Their Contents Reproduction and Preservation of Court Records Other than Filed And Their Contents Responsibility for Indexing and Preserving Court Reporter Notes Identification of Reporters' Notes Index Storage of Notes Notes of Substitute Reporters Storage of Notes upon Retirement, Termination or Death of Court Reporter Boxing and Storing of Old Notes Responsibility for Furnishing Material And Space for Storage of Court Reporter Notes Procedure for Examination of Criminal Records Procedure for Expunging and Closing Criminal Records Clerk's Duties Moneys Paid into Court Returned Fee Selection of Veniremen 36 MISCELLANEOUS RULES Rule Presence of Sheriff and Clerk Required 37 ELECTRONIC FILING (Lawrence County Only) Rule Electronic Filing Registration Files of the Court Format of Electronically Filed Documents Electronic Filing with the Court Electronic Filing Deadlines Verified Documents and Affidavits Service Notice of Entry of Orders and Judgments Issuance of Summons 40