Rule 6. ASSIGNMENT OF JUDGES, CASES AND TRANSFER OF CASES (Revised and Effective 8/1/99)
1. The Circuit Judge shall hear and determine cases filed in the Circuit Division and Juvenile Division.
2. The Associate Circuit Judge shall hear and determine cases filed in the Associate Division, Probate Division, Small Claims Division and Municipal Division for which the judge sits.
3. The Presiding Judge may assign himself or herself, by assuming jurisdiction of the case, and may assign any other Circuit Judge or Associate Circuit Judge to hear any case filed in any division of this Court in any County; or, assign such judge for a particular period of time to any division of this Court in any county to hear and determine all cases coming before the Court during that time period. The judge so transferred or assigned shall have the same jurisdiction, powers and responsibilities as a judge of the court or division to which transferred. In the case of a single case assignment, the jurisdiction, powers and responsibilities of the assigned judge shall continue until final disposition of the case, including after trial proceedings and motions. In the case of assignment to a division of court for a particular period, those powers, jurisdiction and responsibilities shall extend to all matters and cases requiring action within the designated court or division during the period assigned, and jurisdiction of matters and cases undertaken during the period shall extend beyond the period for any actions necessary to complete the assignment--including after-trial proceedings. The record in assigned cases may, at the discretion of the assigned judge, be made by utilization of electronic recording.
4. Whenever a rule refers to "assumption of jurisdiction" by any judge, the performing of any judicial act by the judge shall be assumption of jurisdiction.
5. Whenever a judge performs a judicial act in a case, the judge shall be deemed to have assumed jurisdiction of the case for performance of that act or acts.
6. If the Judge of the Probate Division is disqualified by a party or recuses only on a particular claim, a particular proceeding, or a limited issue or issues in the case, and not on the entire case, that Judge is not disqualified for the entire case. That Judge shall have continuing jurisdiction over those matters in the case which were not the subject of the disqualification or recusal.
7. Upon demand for jury trial, recusal or change of judge from a city Municipal Division that has its own Municipal Court, the case shall be transferred to the Circuit Division of the Circuit Court for further proceedings without further bond of the defendant.
8. When a case is certified pursuant to the provisions of Section 517.020 and Section 517.081, RSMo. 1986, the file shall be transferred to and maintained in the office of the Circuit Clerk of the County where the case was filed, and in all cases except certification for change of judge or recusal, the case is automatically reassigned after certification to the Associate Circuit Judge of the County.
6.1 Assignment to Associate Circuit Judges (Revised and Effective 1/15/2001)
The following classes of cases or individual cases in the Circuit and Juvenile Divisions of this Court are hereby assigned, without further order, to the Associate Circuit Judge in a particular county who shall hear and determine them, to-wit:
(a) dissolutions of marriage;
(b) legal separations;
(c) annulments;
(d) modifications of previously heard divorces, dissolutions, paternity's, legal separations or annulments; including, proceedings to change, abate or enforce custody, visitation or support orders by contempt or otherwise, and to establish trusteeships through the Office of the Circuit Clerk;
(e) grandparent visitation cases and their modifications;
(f) Administrative Support Order cases and their modifications;
(g) adult abuse actions;
(h) elderly abuse actions;
(i) municipal ordinances violations and appeals, if the Associate Circuit Judge was not disqualified in the Municipal Division or did not try the case in the Municipal Division which is appealed from;
(j) all cases brought under Sections 577.041 (Refusal to Submit to Chemical Test); 302.535 (Trial De Novo from a drivers license decision by DOR); or, 302.309 (Limited Hardship Licenses), RSMo., 1994;
(k) detention hearings required by the Juvenile Code or Supreme Court rules when the Circuit Judge is not available to hear the same;
(l) prejudgment possession hearings in replevin and attachment cases where the Circuit Judge is not available to hear the same;
(m) cases involving civil relief for nonsupport, by contempt or otherwise, and cases brought under the Uniform Reciprocal Enforcement of Support Act, and Title IV-D cases;
(n) petitions for change of name;
(o) requests for ex parte orders of protection under the Child Protection Orders Act (Section 455.500, et seq. RSMo.) when the Circuit Judge is out of the county or otherwise not available to hear the same;
(p) pleas of guilty in criminal cases, and all legal proceedings subsequent to the plea including probation revocation and any post conviction relief cases, if the Prosecuting Attorney, Defendant, and Defendant's attorney consent to the judge assigned to the case in the Associate Division taking the plea or pleas.
(q) Criminal Investigation Subpoenas pursuant to Section 56.085RSMo. When the Circuit Judge is absent from the county.
6.1.1 By Local Court Rule or Order
(No local rule)
(No local rule)
6.2 ASSIGNMENT TO CIRCUIT JUDGES
See Rule 6.0
6.3 CERTIFICATION TO CIRCUIT DIVISION
(No local rule)
(No local rule)
(No local rule)
(No local rule)
6.7 ABSENCE OF PRESIDING JUDGE
(No local rule)
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