Section 478.245

Title XXXII COURTS

Chapter 478

Effective - 28 Aug 1989, 2 histories   

  478.245.  Circuit courts may adopt local court rules — procedure — restrictions — role of associate circuit judges. — 1.  Subject to the provisions of Article V of the Constitution and authority exercised under such provisions, the circuit judges of the circuit may adopt local court rules which provide:

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

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

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

  (1)  Shall provide for assignments which a presiding judge is prohibited from making by subdivisions (1), (2) and (4) of subsection 2 of section 478.240 or which are contrary to provisions of supreme court rules;

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

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

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

  4.  Subject to the provisions of Article V of the Constitution and authority exercised under such provisions, a majority of circuit and associate circuit judges of the circuit by order may provide for: (1) centralized filing or divisional filing of cases or classes of cases which are heard by associate circuit judges; and (2) centralized assignment procedures or individualized docketing procedures of cases or classes of cases which are heard by associate circuit judges.  A copy of each such order certified by the presiding judge of the circuit shall be filed with the circuit clerk and the clerk of the supreme court, and shall not become effective until so filed.

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(L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1989 S.B. 127, et al.)