478.250. Procedure for filing cases, docketing, assignment, hearing. - Missouri Statutes

Procedure for filing cases, docketing, assignment, hearing.

478.250. 1. Until otherwise provided by court ruleauthorized by the constitution or by court order authorized bylaw, cases shall continue to be filed in the same places and thesame filing, docketing and assignment of case procedures shallapply as were in effect on January 1, 1979, with respect to thesame categories of cases.

2. In those counties with centralized filing, if a case iswithin those categories of cases enumerated in subdivisions (1)and (2) of subsection 1 of section 517.011, RSMo, the plaintiffwhen filing the case may designate at the time of filing that thecase shall be heard and determined under the civil practice andprocedure applicable before circuit judges, and in such event thecase shall be heard and determined by a circuit judge unless anassociate circuit judge shall be assigned or transferred to hearand determine the case pursuant to section 478.240 or 478.245 orsection 6 of article V of the constitution. If no suchdesignation is made, the case shall be heard and determined underchapter 517, RSMo.

3. In the assignment of cases to associate circuit judges incircuit courts with more than one resident associate circuitjudge, insofar as is reasonably possible and consistent with theproper administration of justice, assignments made eitherpursuant to local circuit court rule or by the presiding judge:

(1) Shall not effect an assignment of the cause from thecourthouse where the case is filed to another courthouse in thecounty for hearing without the consent of the parties shownexcept for good cause shown; and

(2) Shall be made in such manner as will assure that when alitigant or counsel simultaneously file a number of cases of asimilar character to be heard before an associate circuit judge,such cases will be assigned as a group to a single associatecircuit judge or in such other manner as will reasonably assurethat they will be processed and heard without setting or returndate conflicts which would require counsel to appear on multipleoccasions or at conflicting times.

4. The provisions of subsection 3 of this section shallapply as to assignments made where a centralized docketingprocedure has been adopted by local court order under theprovisions of subsection 4** of section 478.245.

(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)

*No continuity with § 478.250 as repealed by L. 1978 H.B. 1634.

**The number "4" was omitted from original rolls, an apparent typographical error.