Rule 50.01 Rules of Court of Appeals and Trial Courts—Copy to Clerk of This Court—Distribution

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

I. Rule 50.01 Rules of Court of Appeals and Trial Courts—Copy to Clerk of This Court—Distribution

A. Text of Rule

The Missouri Court of Appeals, districts thereof, and trial courts may make rules governing the administration of judicial business if the rules are not inconsistent with the rules of this Court, the Constitution or statutory law in force.

Upon their promulgation, copies of any such rules shall be furnished to the Clerk of this Court. The clerk of each court shall from time to time compile all of the current rules and maintain copies thereof for distribution among members of the bar and litigants.

B. Historical Note

"The first paragraph is substantially the same as prior Rule 50.01. The source of the second paragraph is the last two sentences of prior Rule 41.05." Rule 50.01 Committee Note—1974. Former Rule 50, entitled "Supplementary Rules," was repealed on February 1, 1972, and this new Rule was adopted, effective September 1, 1972.

C. Cross-References

Comparewith § 506.030, RSMo 2000, and Mo. Const. art. V, § 5 (granting the Supreme Court of Missouri the authority to promulgate rules for all courts); Fed. R. Civ. P. 83 (regarding the authority of the federal district courts to submit local rules to the United States Supreme Court).

D. Time Constraints

None.

E. Comment

The court of appeals and the trial courts have the inherent power to promulgate rules governing the practice in and operation of the respective courts, "provided the rules are in harmony with the law" and do not deprive the litigant of a right given by law. State ex rel. Geers v. Lasky, 449 S.W.2d 598, 600 (Mo. banc 1970). See Mo. Const. art. V, § 5. Local rules, however, will be strictly construed and voided when they exceed the power of the lower courts and are contrary to the Supreme Court Rules, the state constitution...