Rule 4.FILING OF CASES (Amended 5/1/03)
The Division Clerk for the Circuit Division, Associate Division, Probate Division, Small Claims Division and Municipal Division of the Circuit Court of St. Clair County, Missouri means the Circuit Clerk of St. Clair County, Missouri.
4.1 CRIMINAL CASES (Amended 5/1/03)
(1) In Bates County, the following cases shall be filed in the office of the Division of the Associate Circuit Judge, and shall be heard and determined in that division by its Associate Circuit Judge.
(a) All cases of misdemeanor or infraction, except as otherwise provided by law.
(b) Felony cases by complaint.
(2) All other criminal filings shall be in the office of the Circuit Clerk for the county, and misdemeanors, infractions and felony preliminary hearings shall be heard by the Associate Circuit Judge.
4.2 CIVIL CASES ( Amended 5/1/03)
Civil cases, other than those specified hereafter as required or permitted to be filed in another division, shall be filed with the office of the Circuit Clerk and shall be heard and determined by a Circuit Judge, or by an Associate Circuit Judge upon assignment as provided herein, Missouri Supreme Court Rule, Statute, or the Constitution.
(2) The filing party shall present with the initial pleading complete Circuit Civil Court Party Information Sheet or Associate Division Party Information Sheet for the case type.
(3) Division Clerk for Associate Division (Amended 5/1/03)
(a) The following civil cases shall be filed in the Associate Division for Bates County and the Circuit Clerk in Henry and St. Clair County for the appropriate county in this Circuit, and be heard and determined in the Associate Division by the county's Associate Circuit Judge:
(i) Petitions for review of driver's license revocations under Section 577.041, or Section 302.535.1 RSMo. 1986.
(ii) All actions seeking restricted driving privileges under Section 302.309.2 RSMo. 1986.
(iii) All actions for judicial review of child abuse or neglect determinations filed uder Section 210.152, RSMo. 1986, as amended.
(b) The following civil cases may be filed in the Associate Division for the appropriate county in this Circuit, and shall be heard and determined in that division by its Associate Circuit Judge.
(i) Those classes of cases enumerated in Section 517.011.(1) RSMo. 1994.
(ii) All other cases over which Associate Circuit Judges have jurisdiction by statute or otherwise.
4.3 PROBATE CASES (Amended 5/1/03)
(1) All probate proceedings, except will contests, shall be filed in the Probate Division for the appropriate county in the Circuit, and shall be heard and determined in that division by its Associate Circuit Judge.
(2) Will contests shall be filed in the Circuit Division, unless the prior consent of the Judge of the Probate Division is secured to file or transfer the same in or to the Probate Division as provided in subsection 5 of Section 473.083 RSMo.
(3) The filing party shall present with the initial pleading a completed Probate Division Party Information Sheet.
(1) All juvenile proceedings, including adoptions, shall be filed in the office of the Circuit Clerk for the appropriate county within this Circuit.
(2) Requests seeking de novo review by an aggrieved alleged perpetrator from a decision in the Associate Division under Section 210.152 RSMo. 1986, as amended, shall be filed in the Juvenile Division.
4.5 DIVISION CLERK FOR SMALL CLAIMS CASES
Small claims cases as referred to in Section 482.300, et. seq., RSMo. 1986, shall be filed with the Division Clerk for the Associate Circuit Judge for the appropriate county within the Circuit and heard and determined by its Associate Circuit Judge.
4.6 DIVISION CLERK FOR MUNICIPAL CASES (Amended 5/1/03)
(1) Municipal ordinance violation cases for municipalities which provide municipal judges or local clerks shall be filed at the site of the appropriate municipality with those clerks provided for that purpose by the respective municipalities, and shall be heard and determined by its Municipal Judge or Associate Circuit Judge.
(2) Municipal ordinance violation cases for municipalities which do not provide municipal judges or clerks shall be filed in the Associate Division for the county in which the particular municipality is situate, and the same shall be heard and determined by that county's Associate Circuit Judge.
4.7 FACSIMILE FILING AND SERVICE (Amended 5/1/03)
(1) Authority for Rule
This rule is promulgated under the authority conferred in Mo.S.Ct. Rule 43.01(i).
(2) Facsimile Filing Authorized (Amended 5/24/99)
(a) Any pleading or other document including an original filing, may be filed in any division of this Court having, maintaining or designating a facsimile machine for the receipt of such transmissions, by transmission of the same to such facsimile machine or a facsimile machine designated or maintained by the Circuit or Associate Circuit Judge with jurisdiction over the division.
(b) Any pleading or document filed by facsimile or digital transmission shall have the same effect as the filing of the original document, even though it may be required to be verified, acknowledged or sworn to by some other method.
(c) The pleading or document shall be deemed filed, subject to subparagraphs (3) and (4) of this rule, on the date and at the time actually received at the place of filing.
(d) Risk of loss in transmission, receipt or illegibility is upon the person or party transmitting and filing by electronic means.
(e) If the document is not received, or if it is illegible, it is deemed not filed, except that in the case of partial illegibility, that part which is legible is deemed filed.
(f) Subject to subparagraph (3) of this rule, the person filing a pleading or other document by facsimile or digital transmission shall retain the original, and make it available upon order of the Court.
(3) Filing of Original When:
(a) If the pleading or document is one which requires any oath, verification, acknowledgment, jurat or affidavit, the original of the same shall be transmitted to the Court the next business day following the date of facsimile transmission.
(b) Such pleading or document shall be transmitted by personal delivery to the Court, or by deposit in the United States mail, first class postage prepaid, addressed to the Clerk of the appropriate division.
(c) If the pleading or document is not received by the Court within three business days of the next business day following facsimile transmission, the pleading or document and its filing may be stricken by the Court, on its own motion, or that of any other party.
(d) The date of filing of the original pleading or document shall relate back to the date of receipt of the faxed document.
(4) When Filing Fee or Deposit Required and Waiver
(a) If the pleading or document is one which requires a filing fee or deposit, the filing of the same by facsimile transmission is conditioned upon receipt of the required fee or deposit by the Clerk of the Division within three business days following the transmission.
(b) If the pleading or document is to be filed under the provisions of S.Ct. Rule 77.03 or any other law allowing filing without a deposit, a motion to file the same without fee or deposit, and a proposed order allowing the same, shall be transmitted with the first facsimile transmission. The same shall be presented to the Court at the earliest opportunity for ruling. If leave is granted, the filing shall relate back to the date and time of receipt of the original transmission. If leave is denied, the filing is stricken, unless otherwise ordered by the Court.
(c) If the provisions of the preceding subparagraphs (a) and (b) are not complied with, the Court may strike any pleading or document so filed, or make such other or further orders as it deems appropriate.
(d) No summons or process shall be required to be issued by the Clerk until receipt of the fee or order allowing filing without fee or deposit.
(5) Court Orders Transmitted by Facsimile Transmission
(a) Court orders, judgments or decrees, including warrants and search warrants, may be transmitted to the Clerks of the various divisions or others by electronic transmission, and until receipt of the originally signed order as herein provided, they shall have the same effect and be acted upon by all persons as if they were the original executed by the Court.
(b) The next business day following entry of an order which has been filed under this rule, the Court shall cause the original of the same to be transmitted to the Clerk of the division so as to be received by the fourth business day following the filing of the same by facsimile transmission.
(6) Service by Facsimile Transmission
(a) Where service by ordinary mail or personal delivery is provided by Mo.S.Ct. Rule 43.01 or otherwise by law, such service may be made by facsimile transmission of a copy to any attorney or party to be served who maintains a device for receipt of facsimile transmission.
(b) Publishing a facsimile phone line number or e-mail address by pleading, letterhead or listing in a telephone directory or otherwise, constitutes prima facie maintenance of a device for receipt of facsimile transmission.
(c) Risk of loss in transmission, receipt or illegibility of the document transmitted electronically is upon the sender.
(d) The document faxed or e-mailed is presumed delivered and served, unless otherwise indicated by the readout of the senders device, to the phone number or e-mail address indicated by the sender's readout, and at the date and time of the end of transmission. The sender shall maintain a printout of such readout, and file the same if ordered by the Court.
(e) Except in the case of court orders, judgments or decrees, if a document is transmitted after 4:00 p.m. in the time zone in which it is to be received, service shall not be deemed to have occurred until the next business day.
(7) Service - How Shown
Service by facsimile or electronic transmission shall be shown as provided in Mo.S.Ct. Rule 43.01(d).
(8) Costs for Receipt or Transmission by Facsimile
(a) The maintenance of a facsimile device or computer devices by a Clerk's office, and rules allowing filing by facsimile transmission benefit primarily the person desiring to file by this method of transmission.
It causes the Clerks or the court system additional expense to acquire and maintain a device and phone line to receive these transmissions, and often to transfer the transmission to archival quality paper.
(b) The Clerk of a division maintaining a device to receive or send facsimile transmissions may charge the person or entity filing by facsimile up to 50-cents per 8-1/2 x 11 inch page for receiving and processing such document, and up to $1.00 per 8-1/2 x 11 inch page for document transmission.
(c) Unless a party is not subject to paying costs or expenses by law or court order, the actual page charge presented by the clerk of a division to the person or entity sending or receiving an electronic transmission for receipt or transmission of such documents shall:
(i) be paid upon receipt by the person or entity; or
(ii) be subject to additional filing deposit by the Clerk as provided in these rules; or
(iii) be taxed as costs by the Court or Clerk to the party for whom the facsimile charge was incurred.
(9) Business Day Defined
A business day is any day, not a Saturday, Sunday, or holiday recognized as such by the Missouri Supreme Court through the office of the State Courts Administrator.
(10) Effect of Facsimile Signature
A facsimile or digital signature shall have the same effect as an original signature.
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