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Rule 114.05 – Service and Filing of Other Pleadings, Motions and Notices

May 13, 2021 | Family Law, Missouri

a. All written pleadings subsequent to the original petition, all motions, other than those to be heard ex parte, and all notices and other papers that are required to be served upon a party shall be filed with the court and served upon all parties in the manner set forth in Rule 43.01; provided, however, a motion to modify with substantive allegations not in the original petition must be served with summons on all parties in accordance with Rules 114.01 c and 114.01d.
b. Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be effected upon the guardian ad litem appointed by the court to represent the interests of the juvenile and also upon the juvenile if he or she has attained the age of 12 years.
c. Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, shall be effected upon the juvenile’s counsel or, if counsel has not been retained or appointed, upon the juvenile or, if the juvenile has not attained the age of 12 years, upon the juvenile’s parents, guardian or custodian.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 114.05

Adopted May 20, 2009, eff. Jan. 1, 2010.

Comment

Juvenile proceedings are civil in nature. Pleadings subsequent to the original petition, motions and notices are to be served in the same manner as in other civil proceedings.

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