Local Court Rules: Rule 68

(1) A "Family Law Case" or "Family Law Action" is a proceeding for dissolution of marriage or legal separation or for conversion of a legal separation to a dissolution, paternity actions, and motions to modify any of these case types.

(2) "Date of service" for purposes of this rule is the date upon which service of process of the initial pleading is obtained, the date of filing of an entry of appearance by or on behalf of a responding party, or the filing date of a waiver of service of process of the initial pleading by a responding party.

(1) At the time of filing any family law case, the filing party shall present to the clerk a Circuit Civil Court Party Information Sheet containing all information know or available to the filing party.

(2) At the time of filing a petition for dissolution of marriage, the petitioner or the attorney for the petitioner shall file a Certificate of Dissolution of Marriage -(Vital Statistics Report) on a form to be provided by the clerk, as required by Section 193.360, RSMo.

(3) For any dissolution action, legal separation, paternity action, adult abuse action, child protection action, juvenile case or any other case, through which maintenance or support for another is to be paid through the office of the Circuit Clerk, and before execution of the judgment for maintenance or support by the Court, the Clerk shall be furnished with a fully completed Information Statement To The Circuit Court For The Processing of Maintenance or Child Support Payment (OSCA CS15) or such form as replaces it.

(3) If either party is aggrieved by the Family Law Interim Order, a courthearing may be requested to lift the order, in whole or in part, however, the court directs the parties to attempt to resolve their dispute through mediation before requesting a hearing. 

(4) The Family Law Interim Order does not supercede any temporary or final Order of Protection that may already be in effect. The Order of Protection remains in full force and effect.

Every family law action shall be considered a contested case unless:

(1) All responding parties required to plead or respond are in default; or,

(2) All parties file a stipulation in writing that the case is uncontested and setting forth the agreement of the parties for the resolution of all issues raised in the pleadings filed by any of the parties.

(1) In any contested case in which the award of property, maintenance, child support, attorney fees, or the division of debt is an issue, a "Statement of Income and Expenses," on the form substantially in accord with Form OSCA CV-100, shall be completed by each party, executed under oath or affirmation, and served on the opposing party within forty-five (45) days after the date of service. Each party shall file a Certificate of Service indicating compliance with this rule within such time period.

(2) In any contested case in which the award of property, maintenance, child support, attorney fees, or the division of debt is an issue, a "Statement of Assets and Debts" on Form OSCA CV-105, shall be completed by each party, executed under oath or affirmation, and served on the opposing party within sixty (60) days after the date of service. Each party shall file a Certificate of Service indicating compliance with this rule within such time period.

(3) The parties by written agreement filed with the court may agree to use an alternate format for the exchange of income, expense, asset and debt information other than by use of OSCA forms CV-100 and CV-105. Such written agreement shall certify to the Court that such alternate format provides for the exchange of no less identifying information than that as required on OSCA forms CV-100 and CV-105.

(4) In any contested case in which the award of child support is an issue, a Missouri Supreme Court Civil Procedure Form No. 14 shall be completed by each party and served upon the opposing party within sixty (60) days after the date of service. Each party shall file a Certificate of Service indicating compliance with this rule within such time period.

68.4.1 Required Document Production in Family Law Cases

(1) In any contested case in which the award of property, maintenance, child support, attorney fees, or division of debt is an issue, each party shall deliver to the other party, within forty-five (45) days after the date of service, a complete and legible copy of each of the following documents in their possession or under their control:

(a) Federal and state income tax returns (including all schedules, W-2, and 1099 forms) for the preceding 2 calendar years;

(b) The last 6 pay periods’ "paycheck" stubs or other evidence of wages, salaries or tips if no "paycheck" stub is issued;

(c) Financial statements provided to a lender or prospective lender within the preceding 2 calendar years;

(2) The following documents, in addition to the preceding documents, shall be produced within such time period, only if the award of property or division of debt is an issue:

(1) Parent Education Program

In any family law case where there is at least one child of the parties under the age of fifteen, both parents of such child shall attend a court-approved educational session to educate parents as to the possible detrimental effects of court actions on children and how to avoid these negative effects. No party shall be required to attend such a court-approved program more than once.

The petitioner shall attend the program within forty-five (45) days of filing the petition or motion. The respondent shall attend the program within forty-five (45) days of the date of service of process or of receipt of the petition or motion if service is waived. If the petitioner fails to attend the program within forty-five (45) days of the date of filing; the court may dismiss the case. If the respondent fails to attend said program within forty-five (45) days from the date respondent was served or waived service, the court may strike responsive pleadings. The court may impose any other appropriate sanctions provided by law. This requirement may be waived by the judge assigned to the case upon written application by any party and for good cause shown.

(2) Alternative Dispute Resolution Education Program

In any contested family law case, the petitioner and respondent shall, within sixty (60) days after the date of service, attend an educational program on Alternative Dispute Resolution (ADR) as directed by the ADR Program Specialist. Upon completion of this program, the ADR Program Specialist shall file a certificate of completion of this requirement.

A proposed parenting plan shall be filed as required by Section 452.310 RSMo.

68.9.1 Alternative Dispute Resolution Specialist

(1) The ADR Program Specialist shall maintain a list of court-approved mediators that will be available to attorneys, parties, and the public through the office of the Circuit Clerk. The list of mediators will include the mediator’s training, qualifications, and other information deemed appropriate by the court.

(2) Once the case is referred for mediation, the ADR Program Specialist will assign a mediator if the parties were unable to agree upon a mediator from the court-approved list of mediators. The ADR Program Specialist will schedule the first mediation session within thirty (30) days of the referral to mediation.

(3) Any party may disqualify one (1) assigned mediator without cause within five (5) days of assignment of such mediator, but no later than the commencement of the initial mediation session, whichever occurs first. To disqualify a mediator, the parties should contact the ADR Program Specialist, in writing, for reassignment. No additional disqualification is allowed by either party.

(4) Every thirty (30) days, the ADR Program Specialist will file a report with the court regarding the status of the case during mediation.

68.9.2 Mediator Responsibilities

(1) To be included on the court-approved list of mediators, the interested person must provide the court with the following minimum information: name, business address, telephone number, fax number, e-mail address, if any; degrees and the institutions obtained from; type and number of hours of mediation training with a copy of certification of completion of the program; current profession and hourly rate for mediation. A Mediator Registration form may be obtained by contacting the ADR Program Specialist.

(2) If agreement is reached during mediation, a Memorandum of Agreement shall be drafted by the Mediator and presented to the parties for submission to their attorneys, if any. Any understanding reached by the parties as a result of mediation shall not be binding upon the parties until it is reduced to writing, signed by the parties and their attorneys, if any, and approved by the court.

(3) The Mediator will submit Form 68.2 to the ADR Specialist within three (3) days following each mediation session. This form will serve to track the case progress and assess payment for mediation services.

(4) The Mediator shall, if applicable, disclose the nature and extent of any relationship with the parties and any personal, financial, or other interests that could result in a bias or a conflict of interest.

68.9.3 Termination of Mediation

68.9.4 ADR Program Costs

(1) The ADR Program will allow for two (2) two-hour sessions of ADR Services at the established fee of $100.00 per hour. The ADR Project will automatically reimburse the first two-hour session on all cases for as long as funding will allow. If a participant meets the income guidelines established by the ADR Project, the ADR Project will also reimburse the second two-hour session for the participant as long as funding will allow.

(2) All participants not meeting the income guidelines for the second two-hour session will be responsible for reimbursement of the second two-hour session at $100.00 per hour.

(3) Any sessions beyond the initial two sessions will be the responsibility of the participants regardless of income levels.

68.10 ENTRY OF JUDGMENT UPON AFFADAVIT

(1) Final Judgement in a proceeding for dissolution of marriage or legal separation, motions to modify, and actions for declaration of paternity may be entered upon the affidavit of either, or both parties when:

(a) There are no minor children of the mother and father and the mother is not pregnant, or both parties have entered into a written agreement determining custody and child support; and

(b) The adverse party has been served in a manner provided by the Missouri Rules of Civil Procedure or has filed an entry of appearance or responsive pleading; and

(c) There is no genuine issue as to any material fact; and

(d) There is no marital property or marital debts to be divided or the parties have entered into a written agreement for the division of their marital property and marital debts.

(2) Affidavit filing. If one party desires to submit the matter for entry of final judgement upon an affidavit, the submitting party shall file an affidavit setting forth sworn testimony showing the Court’s jurisdiction and factual averments sufficient to support the relief requested in the proceeding, together with a copy of the proposed Judgment, a copy of any written agreement(s) proposed for adoption by the Court, a completed Form 14 if applicable, and any other supporting evidence. If all parties required to respond are in default, the court may proceed with entering Judgment upon the affidavit. If any other party is not in default, the court may proceed with entering Judgment upon the affidavit only with the written consent of all non-defaulting parties. The filing of such affidavit shall not be deemed to shorten any statutory waiting period required for entry of a Judgment of Dissolution or Judgment of Legal Separation.

(3) The Court shall not be bound to enter a Judgment upon the affidavits of either or both parties, but the Court may, upon its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.

Any requirement of this Rule 68 may, for good cause shown, be waived by the judge assigned to the particular case.

No provision of this Rule 68 shall be deemed jurisdictional when applied to any case over which the court otherwise has personal and subject matter jurisdiction.

This Rule 68 shall be effective June 2, 2003, and applicable to all family law cases pending in, filed or transferred into the circuit. If in conflict with any other Local Court Rule, this Rule 68 shall apply.

Forms:  Family Law Interim Order, Alternative Dispute Report Family Law (Form 68-2), Report of ADR Program Specialist to the Court, Circuit Civil Court Party Information Sheet

List of Mediators