Administrative Order Number 6
Setting Cases for Final Trial
This Order is effective January 1, 2011 and to remain in effect until further order of this Court.
Pursuant to the purpose and intent of the Family Court of the 25th Judicial Circuit, Judge Tracy L. Storie, Presiding Judge, hereby makes the following orders to assist with efficiency and to clarify the procedure for setting cases for final trial under the Family Court.
- 1. If a case is not heard as an uncontested or default case within ninety (90) days after the petition is filed, the Family Court Coordinator shall review the file to conduct a preliminary evaluation of the type of case involved under case differentiation standards promulgated by the Office of the State Court Administrator of the State of Missouri. The Family Court Coordinator shall have the authority, duty and responsibility to set the case for a case management conference before the Family Court Judge in the county in which the case is filed. The case management conference shall be set approximately sixty (60) days from the date of the review of the file.
- 2. Pursuant to the policy statement of the Family Court Improvement Committee and the Missouri Supreme Court, when all parties consent, attorneys are encouraged to utilize telephone conference calls, Polycom, Skype, or other technologies that reduce travel time and effectively allow the attorneys and parties to communicate with the Judge about the issues that are to be addressed in a case management conference.
- 3. At the time of the case management conference the Family Court Judge shall have the duty and responsibility to:
- a. Confirm that each party has complied with the document preparation rules and document exchange rules of this Family Court (and, if not, to make appropriate orders to ensure the case can be tried in an expeditious manner);
- b. Determine there are no other foreseeable issues (such as the necessary appointment of a GAL) that would prevent the matter from proceeding to trial on the date set; and
- c. Order the parties to participate in mediation or to participate in another form of ADR as set forth in Administrative Order Number 5, paragraph 2, and order the parties to follow all of M.A.R.C.H. Mediation requirements, including contacting the M.A.R.C.H. office within seven (7) days of the conference and to begin participating in the mediation within thirty (30) days or as soon as the selected mediator is available.
- d. Set the matter for trial before a trial judge agreed to by the parties. If the parties cannot agree on a trial judge, the matter shall be submitted to the Presiding Judge for assignment. It is the goal of this Circuit that, for standard contested cases that are not designated as extraordinary, that the case be set for trial approximately one hundred twenty (120) days from the case management process.