Rule 63.02 Trial Settings—Multiple-Judge Circuits

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

II. Rule 63.02 Trial Settings—Multiple-Judge Circuits

A. Text of Rule

In multiple-judge circuits, civil actions shall be set for trial in accordance with the rules of the court.

B. Historical Note

Rule 63.02 was adopted January 19, 1973, effective September 1, 1973.

C. Cross-References

None.

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).

Appellate courts defer to the trial court with respect to the trial court's interpretation and application of its local court rules in setting cases for trial. The appellate courts are reluctant to interfere with a court's construction of its own rules. James v. James, 853 S.W.2d 425, 430 (Mo. App. S.D. 1993).

In Gillis, 102 S.W.3d at 70, the appellate court granted a permanent writ of mandamus requiring a court to set a trial when the court refused to give a trial setting because the return of service was not filed in compliance with the local rules that require the return to be filed three days before the return date. The appellate court determined that the lack of compliance with local court rules does not prohibit the trial...