SB 270
Establishes time standards for court proceedings, orders, and judgments
Sponsor:
LR Number:
0557S.01I
Last Action:
2/4/2021 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SB 270 - This act establishes a provision relating to timing of court proceedings, orders, and judgments. The act requires orders and judgments on motions, hearings, and trials for cases filed in circuit courts shall be in writing and entered by the court within 30 days after the matter is fully briefed or after a matter heard in oral arguments is fully briefed, submitted to the court, and concludes any hearing or trial. However, the court, by written order citing good cause, may extend time for entry for an additional 30 days and up to a maximum of 90 days from the date the matter, motion, hearing, trial, verdict, or case was taken under submission.

Within 10 days after the court receives a request from a party for a hearing date on a motion for a hearing on the record or a request for a trial date, the court shall set a fixed date and time for hearing. This act provides that no hearing or trial date shall be continued generally, but the court shall continue the hearing or trial to a date certain, but no greater than 90 days from the previous trial or hearing. Within 60 days after process has been served upon a defendant, the court shall determine a track, as set forth in this act, for each case. The court may reassign a case to a different track upon consultation with the parties.

The Supreme Court of Missouri shall by rule establish case processing time standards to ensure the prompt and fair disposition of cases filed in the circuit courts. This act provides that the rule shall fix the maximum amount of time by which a court shall enter written rulings, orders, and judgments and the maximum time by which a case shall be disposed of after being filed and final judgment entered therein. The rules may modify the time standards set forth in this act.

A party may seek to compel issuance of an order or judgment and the setting of a hearing or trial upon a failure, refusal, or neglect of a judge or commissioner of the court to comply with the time standards set forth in this act or as established by the Supreme Court. Additionally, this act provides that all judges and commissioners who violate the time standards shall be fined $100 per day for each day in which he or she violates the time standards unless exceptional circumstances are shown. For multiple violations, a judge or commissioner shall be subject to removal, suspension, fine, or other forms of discipline for willful neglect of duty pursuant to the Missouri Constitution. Any interested party, official, or member of the public may notify the Commission on Retirement, Removal, and Discipline of such noncompliance with this act. The Commission, upon notification by a clerk of a writ of mandamus issued by a court of appeals or the Supreme Court, shall determine penalties for willful neglect of duty. Upon a finding against the judge or commissioner, the Commission shall recommend the payment of $100 per day for each day in violation of the time standards which shall be deposited into the state school moneys fund. The Commission shall also recommend that such judge or commissioner be removed, suspended, fined, or disciplined if the judge or commissioner is guilty of multiple violations.

This act is similar to HB 2406 (2020) and HB 1119 (2019).

KATIE O'BRIEN

Amendments

No Amendments Found.