§ 478.250 — Procedure for filing cases, docketing, assignment, hearing.

Missouri § 478.250

• Jurisdiction: Missouri
• Title XXXII: COURTS
• Ch. 478: Circuit Courts

Text

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

2.  In those counties with centralized filing, if a case is within those categories of cases enumerated in subdivisions (1) and (2) of subsection 1 of section 517.011 , the plaintiff when filing the case may designate at the time of filing that the case shall be heard and determined under the civil practice and procedure applicable before circuit judges, and in such event the case shall be heard and determined by a circuit judge unless an associate circuit judge shall be assigned or transferred to hear and determine the case pursuant to section 478.240 or 478.245 or Section 6 of Article V of the Constitution.  If no such designation is made, the case shall be heard and determined under chapter 517 .

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

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

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

4.  The provisions of subsection 3 of this section shall apply as to assignments made where a centralized docketing procedure has been adopted by local court order under the provisions of subsection 4 * of section 478.245 .

Legislative History

(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.) *The number "4" does not appear in original rolls.