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Rule 124.05 – Untimely Hearings

May 13, 2021 | Family Law, Missouri

a. All hearings in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the mandatory time frames in Rules 124.01 a and 124.01b.
b. If a specific hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, is neither scheduled to occur nor held within the applicable time frame in Rules 124.01 a and 124.01b, any party may file an application for an expedited hearing.
c. The application shall be in writing and include the name and address of the applicant, the name of the judicial officer before whom the proceeding is pending, the specific hearing not held within the applicable time frame, and the reasons expressed by the named judicial officer for failing to hold the specified hearing within the applicable time frame in Rules 124.01 a and 124.01b.
d. The application shall be filed with the clerk in the pending proceeding. A copy of the application shall be directed by the applicant to the presiding judge of the circuit, the named judicial officer, and all parties and other persons entitled to notice under Rule 124.02 a.
e. The named judicial officer shall either hold and conclude the specified hearing or file a response within ten days after receiving the application. The response shall detail the reasons why the specified hearing was not held within the applicable time frame in Rules 124.01 a and 124.01b.
f. The response shall be filed with the clerk in the pending proceeding. A copy of the response shall be directed by the named judicial officer to the presiding judge of the circuit, the applicant and all parties and other persons entitled to notice under Rule 124.02 a.
g. Within five days after the filing of the response or after the date on which the response is due, the presiding judge, in the absence of compelling extenuating circumstances, shall direct the named judicial officer, designate another judicial officer from inside the circuit, or request this Court to appoint a judicial officer from outside the circuit, to hold and conclude the specified hearing within 14 days from the date of the order of the presiding judge or the date of the order of appointment by this Court, whichever is later.
h. If the presiding judge finds that compelling extenuating circumstances exist, the presiding judge shall deny the application.
i. If the presiding judge is the named judicial officer, any party may request an original writ from the appropriate appellate court pursuant to Rule 84.22 et seq.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 124.05

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

Comment

Rule 124.04 permits hearings, other than protective custody hearings, to be continued outside the time frames established in Rules 124.01 a and 124.01b only for compelling extenuating circumstances. Rule 123.05 c governs continuances of protective custody hearings.

This Rule 124.05 b provides parties with an expedited procedure to address the failure of the court to hold a hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within the applicable time frame in Rule 124.01.

See Court Operating Rule 23, which requires each circuit to submit to this Court and the commission on retirement, removal and discipline a quarterly report for each hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, not held within the applicable time frame in Rule 124.01.

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Cross-reference: Section 211.032.6, RSMo. .