Rule 63.01 Trial Settings—Single-Judge Circuits

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

I. Rule 63.01 Trial Settings—Single-Judge Circuits

A. Text of Rule

In all single-judge circuits, orders setting civil actions for trial shall be made:

(1) Upon the court's own motion, on the first day of any term of court; or

(2) Upon the court's own motion on any regularly scheduled law day, if five days' written notice (stating the date upon which such order setting the case for trial is to be entered) has been given by the court to all parties; or

(3) At any time when there is agreement of all parties; or

(4) Upon request of any party, when the issues have been joined and a reasonable time has elapsed for discovery, if five days' written notice (stating the date upon which such order setting the civil action for trial shall be requested) has been given by the requesting party to all other parties.

B. Historical Note

Rule 63.01 was adopted January 19, 1973, effective September 1, 1973. This Rule is changed from § 510.070, now RSMo 2000, and old Rule 63.01. This Rule constitutes a substantial change from the former Rule 63.01.

C. Cross-References

Rule 63.01 derives from § 510.070, RSMo 2000, but the language of the Rule is significantly different from the statute.

D. Local Circuit Court Rules

Counsel should consult with the most current local rules of the circuit court in which the case is pending to make sure that the proper procedure is followed to request or oppose a request for trial setting. Most circuit courts have requirements that counsel certify that discovery is complete or specify a particular date that discovery will be completed before a trial setting may be requested. Many circuit courts have a mechanism for opposing counsel to object to a request for trial setting.

Circuit courts are allowed to promulgate local rules governing the administration of judicial business, but the local rules cannot be inconsistent with the Missouri Rules of Civil Procedure, Missouri Constitution, or Missouri statutes, and the local rules cannot be construed in a manner that conflicts with state law. State ex rel. Burns v. Gillis, 102 S.W.3d 66, 70 (Mo. App. W.D. 2003).

Trial courts are permitted to impose requirements in addition to the Missouri Rules of Civil Procedure provided that the additional requirements are not unnecessarily unreasonable, burdensome, or inconsistent with the Rules. State ex rel. Williams v. Mauer, 722 S.W.2d 296, 299 (Mo. banc 1986).

Appellate courts defer to the trial court with respect to the trial court's interpretation and...