Local Rule 68.3 is titled “Automatic Family Court Order.” It goes into effect immediately upon the filing of the petition that begins the case and restricts the parties' behavior as a means of minimizing conflict and describing expectations for the parties in how they treat each other and their children.
(A) Neither party shall harass, abuse, threaten to abuse, stalk, molest or disturb the peace of the other party or any of the parties' minor children, wherever they may be found. (B) Neither party shall conceal or damage any property, real or personal, owned solely by the other party or jointly with the other party.
complied with Rule 68.14.
Mediation is a confidential process during which an impartial third party helps the parties discuss their parenting plan or other terms of a settlement in the case. The mediator cannot make a decision or impose a settlement upon the parties.
[2-6680] The slip rule
The court may, on application or of its own motion, correct a clerical mistake or an error arising from an accidental slip in a judgment, order or certificate: r 36.17.
68.03.
(a) Appointment and Compensation. Each appellate court in which any action is pending may appoint a master therein.
68.01 Masters in Circuit Courts
(a) Appointment and Compensation. Each circuit court in which any action is pending may appoint a master therein.
Every civil action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another and a party authorized by statute may sue in their own names in such ...
In addition to Rule 29.15, Missouri Supreme Court Rule 91 gives prisoners a right to file a petition for a writ of habeas corpus before the state courts.
Rule 30.01 - Right to and Manner of Appeal (a) Right to Appeal. After the rendition of final judgment in a criminal case, every party shall be entitled to any appeal permitted by law. Appeals may be taken as provided in Rule 81.04 and Rule 81.08. (b) Jointly or Separately.
Supreme Court of Missouri Rule 17 permits a judge or judicial circuit to encourage litigants to consider alternative dispute resolution procedures to settle cases. The Missouri Bar maintains a list of neutrals.
Rule 67.01, as amended, effective 1973 and 1981, establishes that the voluntary dismissal is a matter of right and that such can be taken "without order of court." Thus defendants' injuries are no longer a sufficient reason to overrule plaintiffs' dismissal motion.
Rule 67.02 - Voluntary Dismissal-Effect of (a) Except as provided in Rule 52, a civil action may be dismissed by the plaintiff without order of the court anytime: (1) Prior to the swearing of the jury panel for the voir dire examination, or (2) In cases tried without a jury, prior to the introduction of evidence at the ...
Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time.
In Missouri, however, summary judgment is governed under Rule 74.04. Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.
Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
Rule 67.06 provides the following: On sustaining a motion to dismiss a claim, counterclaim or cross- claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed.
Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.
Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application – the “one strike” rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
Rule 56.01(c): The Order specifically includes a reference to e-discovery as subject matter eligible for inclusion in a protective order. Rule 56.01(c)(2): Language added allowing protective order for allocation of expenses.
No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.
Under Rule 13.01, an eligible student may appear in court or before an administrative tribunal in Missouri on behalf of any person who is: (1) Indigent, or (2) a client represented by a clinic chartered by an American Bar Association approved law school, if the person on whose behalf the student is appearing has ...
Under Missouri Supreme Court Rule 33.05, the Court MUST review your detention or conditions of release as soon as possible but no later than seven days after your initial arraignment.
To obtain a continuance and/or delay of a trial setting in Missouri, a party needs to comply with Rule 65.03. This requires, among other things, that the request be accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the request for continuance is based.