478.245. Circuit courts may adopt local court rules--procedure--restrictions--role of associate circuit judges.

MISSOURI STATUTES AND CODES

478.245. Circuit courts may adopt local court rules--procedure--restrictions--role of associate circuit judges.

Circuit courts may adopt local courtrules--procedure--restrictions--role of associate circuit judges.

478.245. 1. Subject to the provisions of article V of theconstitution and authority exercised under such provisions, thecircuit judges of the circuit may adopt local court rules whichprovide:

(1) Cases or classes of cases that may or shall be assignedto particular divisions of the circuit court;

(2) Filing (including the place of filing) and assignmentsystems for the circuit court of each county which may include:(a) centralized filing procedures for cases which are heard bycircuit judges; (b) centralized assignment procedures orindividualized docketing procedures for cases or classes of caseswhich are heard by circuit judges; and (c) filing and assignmentprocedures for cases which are heard by municipal judges.

2. Notwithstanding the provisions of subsection 1 of thissection, no such local circuit court rule:

(1) Shall provide for assignments which a presiding judge isprohibited from making by subdivisions (1), (2) and (4) ofsubsection 2 of section 478.240 or which are contrary toprovisions of supreme court rules;

(2) Shall provide for the maintenance of the permanent caserecords and judgments of the circuit court other than with thecircuit clerk, except records with respect to probate cases,misdemeanor and municipal ordinance violation cases, records infelony cases before the filing of an information, and records incases within the categories of cases specified in subdivisions(1), (2) and (3) of subsection 1 of section 517.011, RSMo; and

(3) Shall provide for the filing of cases or the maintenanceof the permanent records in cases which are heard by municipaljudges outside of the municipality providing the municipal judge,except in those situations where there is a trial de novo or themunicipality consents to such filing or maintenance of records.

3. Local circuit court rules shall be adopted by a majorityof the circuit judges of the circuit. A copy of each circuitcourt rule certified by the presiding judge of the circuit shallbe filed with the circuit clerk and the clerk of the supremecourt, and shall not become effective until so filed. Each localcircuit court rule adopted prior to January 2, 1979, shall ceaseto be effective sixty days after that date if a copy thereofcertified by the presiding judge of the circuit is not filed withthe clerk of the supreme court during that period of time.

4. Subject to the provisions of article V of theconstitution and authority exercised under such provisions, amajority of circuit and associate circuit judges of the circuitby order may provide for: (1) centralized filing or divisionalfiling of cases or classes of cases which are heard by associatecircuit judges; and (2) centralized assignment procedures orindividualized docketing procedures of cases or classes of caseswhich are heard by associate circuit judges. A copy of each suchorder certified by the presiding judge of the circuit shall befiled with the circuit clerk and the clerk of the supreme court,and shall not become effective until so filed.