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Rule 113.02 – Amendment of Petition

May 13, 2021 | Family Law, Missouri

a. The petition may be amended by leave of court at any time.
b. When the petition is amended, the court shall grant the parties such additional time to prepare as may be necessary to ensure a full and fair hearing.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 113.02

Adopted May 20, 2009, eff. Jan. 1, 2010. Amended May 19, 2010; eff. Jan. 1, 2011.

Comment

If filing an amended petition in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, necessitates a continuance of a scheduled hearing on the petition, the judicial officer must consider the requirement in Rule 124.04 a(2) that a hearing may be continued outside the time frames in Rule 124.01 only for compelling extenuating circumstances.

When the petition alleges violation by the juvenile of a state statute or municipal ordinance, care must be taken to comply with the requirements of due process if the petition is amended after the hearing on the petition has commenced.

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Cross-reference: Supreme Court Rules 55.33.