RULE 68.11 Entry of Judgment Upon Affidavit Requirements
- 1. Final Orders Entered-When
- a. Final orders in any proceeding for dissolution of marriage or legal separation, motions to modify, and actions for declaration of paternity may be entered upon affidavit of either or both parties when:
- i. There are no minor children of the parties and the female party is not pregnant, and the adverse party has been served in a manner provided by Missouri Rules of Civil Procedure or has formally filed a verified entry of appearance; or
- ii. There are minor children, a written parenting plan is submitted agreed to by both parties, Supreme Court Rule 88.01 Form 14 has been filed and the adverse party has been served in a manner provided by Missouri Rules of Civil Procedure or has formally filed a verified entry of appearance; and
- iii.There is no significant marital property to be divided (including no real estate), or the parties have entered into a written settlement agreement providing for the division of their marital property and the adverse party has been served in a manner provided by Missouri Rules of Civil Procedure or has formally filed a verified entry of appearance.
- b. Final orders in any proceeding for change of name or in any other matter falling within the exclusive jurisdiction of the Family Court, as defined under §487.080, RSMo, may be entered upon affidavit when any person entitled to service has been served or has filed an entry of appearance or other responsive pleading.
- 2. Affidavit—Filing. If one party desires to submit the matter for entry of final orders upon affidavit, the submitting party shall file an affidavit setting forth sworn testimony showing the Court's jurisdiction and containing factual averments sufficient to support the relief requested, together with a copy of a proposed judgment or order, a copy of any written settlement agreement and written parenting plan proposed for adoption by the Court, a completed Form 14, and any other supporting evidence. The filing of such an affidavit shall not be deemed to shorten any statutory waiting period required for the entry of a judgment of dissolution of marriage or legal separation. The submitting party is encouraged to file an affidavit utilizing Form 68-A of the 25th Judicial Circuit.
- 3. Hearing Required—When. The Court shall not be bound to enter any judgment or order upon affidavits of either or both parties, but may, on its own motion, require that a formal hearing be held to determine any or all issues presented by the pleadings.