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Chapter 478

previous next Effective - 02 Jan 1979, see footnotebottom

  478.720.  Districts of Marion County circuit court — where court held — jurisdiction transfers. — 1.  Within Marion County there shall be two geographical districts of the circuit courts   one at the county seat in Palmyra which shall be known as "District Number 1" and the other in Hannibal which shall be known as "District Number 2".  Said districts may also be known as the "Circuit Court of Marion County at Palmyra" and the "Circuit Court at Marion County at Hannibal", respectively.  Both the circuit and associate circuit judges shall regularly hold court at both Palmyra and Hannibal.

  2.  District number 2 of the Marion County circuit court shall have within the limits of Mason and Miller townships of the county of Marion exclusive original jurisdiction in all civil and criminal actions except as may otherwise herein be specifically provided.  Municipal ordinance violations of the city of Hannibal shall be prosecuted originally and on application for trial de novo within district number 2, and any municipal judge for which the city of Hannibal determines to make provisions shall be a municipal judge of district number 2.

  3.  District number 1 of the Marion County circuit court shall have within all of Marion County except in Mason and Miller townships exclusive original jurisdiction in all civil and criminal actions except as may otherwise herein be specifically provided.

  4.  No person residing within the limits of Marion County, and beyond the limits of Mason and Miller townships, shall be sued in district number 2 of the Marion County circuit court, nor shall any person residing within the limits of said townships be sued in district number 1 of the circuit court for the county of Marion, except in cases where there are more defendants than one in the county of Marion, some of whom reside within and some of whom reside without the limits of Mason and Miller townships; in which event suit may be brought in either district of the circuit court of Marion County, except as herein provided.

  5.  When an offense shall be committed on the boundaries of the said Mason or Miller townships, or within five hundred yards of said boundaries, or where the person committing the offense shall be on one side and the injury be done on the other side of said boundaries, an examination thereof may be made and an indictment may be found and a trial and conviction thereon had either in the said district number 2 or in district number 1 of the circuit court of Marion County or the circuit court of Ralls County.

  6.  If a cause be filed in district number 1 of the circuit court of Marion County when it should have been filed in district number 2 of said court, or if a cause be filed in district number 2 of said court when it should have been filed in district number 1 of said court, upon motion of any party, the cause shall be transferred to the proper district and proceedings thereafter had in that district as if the case was originally filed in that district.  The matter of the filing of the action in the improper district shall be deemed waived in the following situations:

  (1)  In a civil action where procedures applicable before circuit judges apply, such matter must be raised by motion or responsive pleading in the same manner and within the same time as those defenses specified in supreme court rule 55.27(g)(1) or it will be deemed waived;

  (2)  In a civil action where procedures under chapter 517 or small claim procedures are applicable, such matter must be raised prior to the commencement of the trial or it will be deemed waived;

  (3)  In a felony case, such matter must be raised within the time permitted to file motions directed to the information or it will be deemed waived; and

  (4)  In a misdemeanor case or municipal ordinance violation case, such matter must be raised prior to the commencement of the trial or it will be deemed waived.  When a cause is filed in an improper district, all proceedings had in the cause until a proper motion or application is filed raising the matter of filing in the improper district shall be considered lawful and proper, and unless such a timely motion or application be made, the matter of filing in the improper district shall be of no effect.

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(L. 1978 H.B. 1634)

Effective 1-02-79


---- end of effective   02 Jan 1979 ----

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