Chapter 477 Supreme Court and Court of Appeals
477.060 - Territorial jurisdiction of the southern district court of appeals.
The jurisdiction of the southern district of the court of appeals shall be coextensive with the counties of Barry, Barton, Butler, Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell, Hickory, Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Oregon, Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney, Webster, Wright, Dent, Crawford, Maries, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and Mississippi.
477.087 - Official station of judges — office space to be provided — travel to and from official station to be a paid expense.
1.The official station of each judge of the supreme court and court of appeals may be the locus of the court of which the judge is a member or any circuit court county courthouse located where the judge maintains an actual abode in which the judge customarily lives or at any other office in that county.
2.The presiding judge of the judicial circuit in which a judge of the supreme court or court of appeals has his official station may provide suitable office space, if available, upon request by a judge of the supreme court or court of appeals for use by the judge and the judge's staff personnel.
3.Each judge of the supreme court and court of appeals, upon appointment and from time to time thereafter as changes occur, shall notify the state courts administrator in writing of the judge's official station, if other than the city of the locus of the court of which the judge is a member.
4.Judges of the supreme court and court of appeals and their staff shall be entitled to any state allowances for official travel and mileage to or from their official station and the locus of the court on which the judge sits.
477.160 - Judges, eastern district court of appeals, number.
There shall be fourteen judges of the eastern district of the court of appeals.
477.231 - Designation of private publication as official reports.
The supreme court may declare the published volumes of the decisions of the supreme court as the same are published by any person, firm or corporation, to be official reports of the decisions of the supreme court, and the court of appeals may jointly make a similar declaration with respect to published volumes of the opinions of the court of appeals.Any publication so designated as the official reports may include both the opinions of the supreme court and the court of appeals in the same volume.
477.235 - Publications revolving fund established, funding, exemption — sale of publications to public.
1.There is hereby created in the state treasury the "Supreme Court Publications Revolving Fund", which shall be administered by the clerk of the supreme court.All funds received by the clerk from the sale of publications including, but not limited to, an appellate court opinion summary and an appellate court pending issues digest shall be credited to the fund.The state treasurer is the custodian of the fund and shall approve disbursements from the fund at the request of the clerk of the supreme court to purchase goods or services which will ultimately be used in the production of publications.
2.Copies of, or subscriptions to, publications shall be made available to the public by the clerk of the supreme court for a reasonable charge established by him.The charge shall be an amount sufficient to defray the costs of compiling, publishing, and mailing, including all personnel costs.The clerk may waive the charge for a copy or subscription of a publication for any public officer.
3.The supreme court publications revolving fund shall be funded annually by appropriation.An unexpended balance in the fund at the end of the fiscal year not exceeding fifty thousand dollars is exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.
4.The general assembly may transfer from the general revenue fund to the supreme court publications revolving fund a sum not to exceed fifteen thousand dollars to enable the clerk of the supreme court to continue publications until sufficient funds have accumulated from sales of copies or subscriptions.The clerk shall issue a warrant to the supreme court publications revolving fund at such time that he deems the balance in the fund sufficient, but not later than twenty-four months after the transfer from the general revenue fund, payable to the general revenue fund of the state to repay the money transferred to the supreme court publications revolving fund from the general revenue fund.
477.170 - Judges, western district court of appeals, number.
There shall be eleven judges of the western district of the court of appeals.
477.070 - Territorial jurisdiction of the western district court of appeals.
The jurisdiction of the western district of the court of appeals shall be coextensive with all the counties in the state except those embraced in the jurisdiction of the eastern and the southern districts of the court of appeals.
477.405 - Judicial personnel, court to furnish guidelines for general assembly.
On or before January 1, 2015, the supreme court of the state of Missouri shall recommend guidelines appropriate for use by the general assembly in determining the need for additional judicial personnel or reallocation of existing personnel in this state, and shall recommend guidelines appropriate for the evaluation of judicial performance.The guidelines shall be filed with the chairs of the house and senate judiciary committees, for distribution to the members of the general assembly, and the court shall file therewith annually* a report measuring and assessing judicial performance in the appellate and circuit courts of this state, including a judicial weighted workload model and a clerical weighted workload model.
477.005 - Supreme court and court of appeals, employees authorized.
The supreme court and each district of the court of appeals is hereby authorized to appoint a clerk, a marshal, a librarian, administrative personnel, reporter, deputies, stenographers, research assistants, janitors, and such other employees as the court deems necessary, and shall fix the compensation of persons thus employed within the limits of the amount appropriated by the general assembly for such purpose.
477.150 - Expenditure for books, how paid.
A majority of the judges of any district of the court of appeals is hereby authorized to purchase the necessary textbooks and digests for the use of the judges in the conduct of their duty and to procure for a like purpose such law journals and periodicals as they may deem necessary; which expenditures shall be paid out of the state treasury, on certificate of the chief judge of the district to the commissioner of administration, and a warrant shall be drawn therefor on the state treasurer.
477.050 - Territorial jurisdiction of the eastern district court of appeals.
The jurisdiction of the eastern district of the court of appeals shall be coextensive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Madison, St. Francois, Washington, Franklin, Audrain, Gasconade, Osage and the city of St. Louis.
477.650 - Basic civil legal services fund created, moneys to be used to increase funding for legal services to eligible low-income persons — allocation of moneys — record-keeping requirements — report to general assembly — expiration date.
1.There is hereby created in the state treasury the "Basic Civil Legal Services Fund", to be administered by, or under the direction of, the Missouri supreme court.All moneys collected under section 488.031 shall be credited to the fund.In addition to the court filing surcharges, funds from other public or private sources also may be deposited into the fund and all earnings of the fund shall be credited to the fund.The purpose of this section is to increase the funding available for basic civil legal services to eligible low-income persons as such persons are defined by the Federal Legal Services Corporation's Income Eligibility Guidelines.
2.Funds in the basic civil legal services fund shall be allocated annually and expended to provide legal representation to eligible low-income persons in the state in civil matters.Moneys, funds, or payments paid to the credit of the basic civil legal services fund shall, at least as often as annually, be distributed to the legal services organizations in this state which qualify for Federal Legal Services Corporation funding.The funds so distributed shall be used by legal services organizations in this state solely to provide legal services to eligible low-income persons as such persons are defined by the Federal Legal Services Corporation's Income Eligibility Guidelines.Fund money shall be subject to all restrictions imposed on such legal services organizations by law.Funds shall be allocated to the programs according to the funding formula employed by the Federal Legal Services Corporation for the distribution of funds to this state.Notwithstanding the provisions of section 33.080, any balance remaining in the basic civil legal services fund at the end of any year shall not be transferred to the state's general revenue fund.Moneys in the basic civil legal services fund shall not be used to pay any portion of a refund mandated by Article X, Section 15 of the Missouri Constitution.State legal services programs shall represent individuals to secure lawful state benefits, but shall not sue the state, its agencies, or its officials, with any state funds.
3.Contracts for services with state legal services programs shall provide eligible low-income Missouri citizens with equal access to the civil justice system, with a high priority on families and children, domestic violence, the elderly, and qualification for benefits under the Social Security Act.State legal services programs shall abide by all restrictions, requirements, and regulations of the Legal Services Corporation regarding their cases.
4.The Missouri supreme court, or a person or organization designated by the court, is the administrator and shall administer the fund in such manner as determined by the Missouri supreme court, including in accordance with any rules and policies adopted by the Missouri supreme court for such purpose.Moneys from the fund shall be used to pay for the collection of the fee and the implementation and administration of the fund.
5.Each recipient of funds from the basic civil legal services fund shall maintain appropriate records accounting for the receipt and expenditure of all funds distributed and received pursuant to this section.These records must be maintained for a period of five years from the close of the fiscal year in which such funds are distributed or received or until audited, whichever is sooner.All funds distributed or received pursuant to this section are subject to audit by the Missouri supreme court or the state auditor.
6.The Missouri supreme court, or a person or organization designated by the court, shall, by January thirty-first of each year, report to the general assembly on the moneys collected and disbursed pursuant to this section and section 488.031 by judicial circuit.
7.The provisions of this section shall expire on December 31, 2025.
477.040 - Court of appeals consists of three districts.
The court of appeals shall consist of three districts to be known as the eastern, southern and western districts.
477.140 - Office and library furnishings — expenditures, how paid.
The judges of any district of the court of appeals, or a majority of the judges of any of the districts, are hereby respectively authorized to rent and furnish for their respective districts a suitable courtroom and office for the clerk and rooms for the judges, and a room for the janitor and marshal, and a room for the library, and to make such arrangements for obtaining the use of the libraries of their respective cities as they respectively may deem necessary and wise; all of which expenditures, as also for stationery and other necessary outlay for each of the districts, shall be paid by the state; and the certificate of the chief judge of the respective districts as to the same shall be a sufficient voucher to the commissioner of administration, and a warrant shall be drawn accordingly on the state treasurer for the amount thereof.
477.011 - Supreme court employees to serve judicial council.
All services required by the judicial conference of the state of Missouri, established by section 476.320, RSMo 1969, shall be furnished by employees of the supreme court.
477.241 - Old official reports, custody, sale, reprinting, disposition.
All books, both bound and unbound, and matrices covering the reports of the supreme court and the court of appeals heretofore published and which are in the custody of the supreme court, shall remain in the custody of the supreme court for the purpose of sale or replacement, and the supreme court may fix the price at which the prior official reports of the supreme court and the court of appeals are to be sold to the public and may replace any lost or destroyed books free of cost where such books were originally distributed free of cost.The supreme court may authorize the reprinting of any prior volumes, the replacement supply of which has become exhausted or insufficient.The supreme court may also contract for the storage of such books and to sell, give away, destroy or otherwise dispose of any excess books, bound or unbound, which it deems not needed to provide a reasonable replacement supply.
477.010 - Supreme court to promulgate general rules for all courts of the state.
The supreme court shall have the power to direct the form of writs and process; and to promulgate general rules for all courts of the state.No such forms or rules shall abridge, enlarge or modify the substantive rights of any litigant nor be contrary to or inconsistent with the laws in force for the time being.
477.400 - Reports to belong to offices.
All reports furnished as aforesaid under this chapter shall belong to the respective offices of said officers, and shall be delivered to their successors in office respectively, and shall, as received, be stamped upon the outside of the lids with the seal of the respective offices or courts; and in case there be no seal, there shall be written upon their lids the style of the office or court to which they belong.
477.004 - Supreme court may answer questions of law certified to it by certain courts, procedure — fees and costs.
1.The Missouri supreme court may answer questions of Missouri law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court or a United States Bankruptcy Court if there are involved in any proceeding before the certifying court questions of Missouri law which may be relevant to the cause then pending and as to which it appears to the certifying court there is no controlling precedent in this state.
2.This section may be invoked by an order of any of the courts referred to in subsection 1 of this section upon the court's own motion or upon the motion of any party to the cause.
3.A certification order issued under this section shall set forth the questions of law to be answered and a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing and forwarded to the Missouri supreme court by the clerk of the certifying court under its official seal.The Missouri supreme court may request the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if in the opinion of the Missouri supreme court, the record or portion thereof may be necessary in answering the questions.
4.Nothing contained in this section shall require the Missouri supreme court to accept the certified case.
5.Fees and costs shall be the same as in civil appeals docketed before the Missouri supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
6.Any written opinion of the Missouri supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the Missouri supreme court to the certifying court and to the parties.
7.If any provision of this section or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and, to this end, the provisions of this section are severable.
477.600 - Judicial finance commission members, terms, vacancies, compensation — powers, duties, staff.
1.There is hereby created within the judicial department a "Judicial Finance Commission".The commission shall be composed of seven members appointed by the supreme court.At least one member of the commission shall be a member of a county governing body from a county of the third class, one member of the commission shall be a member of the county governing body of a county of the first class, and one member of the commission shall be a member of a county governing body from any class of county.The supreme court shall designate one member to serve as chairman and one member as vice chairman.The vice chairman shall preside in the absence of the chairman.
2.The members of the commission shall serve for terms of three years and until their successors are appointed and qualified; except that of the initial members appointed, three shall serve for terms of one year, two shall serve for terms of two years and two shall serve for terms of three years, as designated by the court.
3.If a vacancy occurs the court shall appoint a replacement.The replacement shall serve the unexpired portion of the term and may be appointed to successive terms.
4.The commission shall promulgate rules of procedure which shall become effective upon approval by the supreme court.The supreme court may adopt such other rules as it deems appropriate to govern the procedures of the commission.
5.The commission shall:
(1)Examine the budget request of the circuit court upon the petition by the county governing body as provided in section 50.640 or any budget or item in the budget estimated by the court including, but not limited to, compensation of deputy sheriffs and assistants, as set forth in section 57.250;
(2)Issue a written opinion addressed to the presiding circuit judge and the presiding officer of the county.The opinion shall state the conclusions of the commission as to the reasonableness of the circuit court budget request.The opinion of the commission shall state clearly the reasons for its decision.Any member of the commission who disagrees with the commission's findings may file a minority report;
(3)Maintain accurate records of the cost and expenses of the judicial and law enforcement agencies for each county;
(4)Submit an annual report to the governor, general assembly, and supreme court on the finances of the judicial department.The report shall examine both the revenues of the department and the expenses of the department.The report shall include the information from all divisions of the circuit court of each county including the circuit, associate circuit, probate, juvenile and municipal divisions.The information shall be reported separately except where the divisions are combined or consolidated.In lieu of separate publication, the supreme court may direct the annual report described in this subdivision to be consolidated with any annual report prepared by the supreme court or the office of state courts administrator, provided that such report is distributed to the parties described in this subdivision.
6.In discharging its responsibilities, the commission may:
(1)Conduct public hearings, take testimony, summon witnesses, and subpoena records and documents;
(2)Conduct surveys and collect data from county governments and the circuit courts on the operations of the judicial and law enforcement agencies in each county.The commission and its staff shall be granted access at any reasonable time to all books, records, and data the commission deems necessary for the administration of its duties;
(3)Within the limits of appropriations made for the purpose, appoint special committees, accept and expend grant funds, and employ consultants and others to assist the commission in its work.
7.Upon receipt of the written opinion of the commission or upon refusal of the commission to accept a petition for review, the circuit court or the county governing body may seek a review by the supreme court by filing a petition for review in the supreme court within thirty days of the receipt of the commission's opinion.If a petition for review is not filed in the supreme court, then the recommendation of the commission shall take effect notwithstanding the provisions of section 50.600.If the commission refused to review a petition and no petition is filed in the supreme court, the circuit court budget is approved as submitted to the county governing body.The supreme court shall consider the petition for review de novo.
8.The commission shall meet as necessary at the call of the chairman or on written request of four members.Four members constitute a quorum for the transaction of business.Upon request of the chairman, the supreme court may appoint a temporary replacement for any commissioner who is unable to hear a case or who is disqualified from any case.No member of the commission shall participate in any proceeding involving the county or circuit where the member resides.
9.Members of the commission shall receive no compensation for their services but shall be reimbursed out of funds appropriated for this purpose for their actual and necessary expenses incurred in the performance of their duties.
10.The clerk of the supreme court shall provide suitable staff for the commission out of any funds appropriated for this purpose.The commission may also employ court reporters as necessary to take testimony at hearings held pursuant to section 50.640.The reporters shall be compensated at a rate established by the commission out of any funds appropriated for this purpose.
477.020 - Majority decision — special judge appointed, when and by whom.
The decision of the majority of the judges of the supreme court or of any district of the court of appeals shall be the decision of the court, but if in any case the judges shall be equally divided in opinion, the parties to the cause may agree upon some person learned in the law, who shall act as special judge in the cause, and who shall sit therein with the court, and give decision in the same manner and with the same effect as one of the judges; and such agreement shall be in writing, signed by the parties or their attorneys of record, and filed with the papers and form a part of the record in the cause.If the parties cannot agree upon a special judge, the court shall appoint, by an order of record, some person possessing the qualifications aforesaid, to act as such special judge.
477.120 - Expenditures, how paid.
All such expenditures accruing in the supreme court shall be paid out of the state treasury, and warrants shall be drawn accordingly, for which the certificate of the court shall be sufficient voucher.
477.220 - Sessions of southern district of court of appeals — when and where held.
There shall be held in each year two sessions of the southern district of the court of appeals at Springfield, Missouri, at times fixed by the district.And the district shall hold two sessions at Poplar Bluff, in Butler county, to hear arguments, have cases submitted and hear and decide motions, the district having previously determined by order, which may be changed at the pleasure of the district, the time of such sittings and from what counties cases may be heard at that place; provided, that, except by different stipulation of the parties, all cases from the following mentioned counties shall be heard at Poplar Bluff, viz:Butler, Carter, Ripley, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid, Crawford, Dent, Shannon, Oregon and Mississippi.The district is hereby authorized to provide suitable quarters at Poplar Bluff for that purpose, to be paid for as other expenses of the district are paid.Each of the judges of the district shall be allowed and paid his actual expenses incident to attending and holding court at Poplar Bluff, which shall be paid as the salaries of the judges are now paid.
477.130 - Compensation of supreme court and appellate judges — practice of law prohibited — practice before supreme court prohibited, when.
1.Each judge of the supreme court of Missouri shall receive an annual salary of ninety-one thousand five hundred and ninety-four dollars plus any salary adjustment provided after August 28, 1990, pursuant to section 476.405.Each judge of the court of appeals shall receive an annual salary of eighty-five thousand five hundred dollars plus any salary adjustment provided after August 28, 1990, pursuant to section 476.405.In addition thereto, each of the judges, when temporarily serving, transferred or assigned as a judge of another court than the one to which he was appointed or elected, shall be reimbursed for his actual and necessary travel and other expenses incurred in the performance of such temporary duty.The chief justice of the supreme court shall receive as additional compensation the amount of two thousand five hundred dollars per year.
2.The salaries and expenses shall be paid out of the state treasury and shall constitute the total compensation for all duties performed by, and all expenses of, the judges, and there shall be no further payment made to or accepted by them for the performance of any duties required to be performed by them as judges under the law.
3.The judges shall not practice law or do law business nor shall they accept, during their terms of office, any public appointment or employment for which they receive compensation for their services.Further, any judge who resigns or retires from the supreme court is prohibited from practicing before the supreme court for twenty-four months following the effective date of such resignation or retirement.
4.The expenses provided for in this section shall be paid out of the state treasury upon the certification by the judges so transferred or assigned.
477.030 - Opinion in writing — where filed — how endorsed.
1.In each case determined by opinion by the supreme court or any district of the court of appeals, or finally disposed of by opinion upon a motion, the judicial opinion shall be reduced to writing and filed in the cause.If the decision is not unanimous, the opinion shall show which judge delivered it, and which judges concurred therein or dissented therefrom.
2.The clerk of the appellate court shall, when the opinion of the court is filed in his office, endorse thereon the day on which it is filed, and enter the same on his minutes, and shall, within thirty days thereafter, make a true copy thereof, and shall transmit the same without delay to the trial court.
477.390 - Supreme court to replace reports lost by fire.
The supreme court is hereby authorized and directed to furnish to the counties of this state for the use of the circuit and other courts in the counties, a complete set of the reports of the supreme court of Missouri and the reports of the court of appeals from volume 16, out of any books on hand and available for such purpose, when the like books of any such county, already furnished, have been lost by fire; and in such event the secretary of state is authorized and directed to furnish to such county the revised statutes of the state of Missouri and the session laws out of any books in his hands available for that purpose.
477.080 - Appeal to wrong court — transfer of cause.
1.In the event of any case being sent from a lower court on appeal or writ of error to the wrong district of the court of appeals or the supreme court, it shall be the duty of the court to which the case has thus been sent, immediately on such fact coming to its attention, to direct its clerk to forward the transcript therein, with the order of transfer, to the clerk of the proper district of the court of appeals.
2.And in the event of any case being sent improperly on appeal or writ of error from a lower court to any district of the court of appeals when the same should have been sent to the supreme court, it shall be the duty of such district of the court of appeals, immediately on such fact coming to its attention, to order the transfer of the same to the supreme court by its clerk, who shall at once send the same to the clerk of the supreme court, accompanied by a copy of the order.On the receipt of the record by the proper clerk, he shall at once file the same in his office, and the case shall be proceeded with in the court to which it is transferred, as if the same had gone there directly from the trial court.
477.180 - Judges, southern district court of appeals, number.
There shall be seven judges of the southern district of the court of appeals.
477.012 - Rule on jury instruction on child under age ten as a witness in criminal trial, duty of court.
By January 1, 1991, the supreme court shall develop a jury instruction to be used in criminal trials wherein a child under the age of ten is a witness.
477.285 - Copies of reports disposed of, when.
The supreme court is hereby authorized to sell, destroy, give away or otherwise dispose of surplus bound or unbound copies of the official reports of the supreme court and the court of appeals at any time that the supreme court shall determine that such surplus books are in excess of the number of copies reasonably required to provide for future needs for replacement and other sales and distribution.