All Civil Procedure Legislation - Missouri

SB 1249 - This act provides that in any case involving child custody or support, the court may appoint a parenting coordinator as a neutral third party to assist the parents in resolving disputes concerning parental responsibilities and the implementation of a court-ordered parenting plan. The court order appointing such parenting coordinator shall specify the matters which the coordinator has authority to determine, however, appointment of a coordinator shall not divest the court of its exclusive jurisdiction and control of the case. The parenting coordinator shall possess the same qualifications as a mediator under Supreme Court Rule 88.05. A parenting coordinator may be appointed despite party objection if the court makes findings that the case is high-conflict, and that appointment of a coordinator is in the best interest of the child or children. The court shall consider the effect of any evidence of domestic violence on the parties' ability to engage in parent coordination [...]

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SB 1242 - This act modifies various provisions relating to foster care and adoption. The act: Provides that any employee of the Children's Division of the Department of Social Services may choose to become qualified or licensed as an emergency placement provider, a respite care provider, or a licensed foster home. Any employee who becomes qualified or licensed shall not provide care for any child in his or her caseload, but may, upon supervisory approval, choose to transfer the case to another employee in order to be able to provide such care. Sections 210.482, 210.486.7, and 210.545. Requires the Children's Division to establish procedures and promulgate rules to provide applications to become a licensed foster or preadoptive home, and approximately one half of all training, education, or other coursework to become licensed shall be available and able to be completed on an Internet website created and maintained by the division. Section 210.486.8. Requires the guardian ad [...]

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SB 1208 - This act repeals the current procedures regarding criminal activity forfeiture actions and establishes new procedures. Any property used or intended to be used in the commission of a crime or the proceeds of any crime will be subject to criminal forfeiture. Property may be subject to forfeiture even though a criminal prosecution is not conducted. This act establishes that the circuit court where the property seizure occurred has jurisdiction over any seized property. A proceeding for forfeiture may be brought in a circuit in which any part of the property is found or where a civil or criminal action could be maintained against an owner for the conduct alleged to give rise to the forfeiture. The defendant may obtain a change of venue if the prejudice against him or her is too great. This act specifies what property may be subject to criminal forfeiture and creates certain exceptions to protect innocent parties. Real property will not be subject to forfeiture if the only conduct [...]

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SB 1165 - This act provides that certain individuals and entities that disseminate information to the public by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means shall not be required to disclose, in any state or federal proceeding, the source of such information. Such persons and entities also shall not be required to disclose any unpublished or non-broadcast information obtained or prepared in the gathering, receiving, or processing of information for any medium of public communication as described in this act. The person or entity seeking the information may move the circuit court in the county where the proceeding is located for an order to require a person claiming the privilege to disclose the information sought. The motion shall include the name of the person claiming the privilege, the entity with which he or she was connected at the time he or she obtained the information, the specific information sought and its relevancy to the proceeding,[...]

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SB 1143 - This act provides that no television advertisement for legal services shall contain a false or misleading statement about the lawyer, law firm, or the legal services. False or misleading advertisements shall include, but are not limited to, the conditions listed in this act. Television advertisements for legal services shall contain a disclaimer stating, in writing and orally, that the Missouri Supreme Court cautions that the choice of a lawyer is an important decision and should not be based solely upon advertisements. If any advertiser of legal services routinely refers cases acquired by television advertising to lawyer not employed by the lawyer, law firm, or entity whose name appears on the advertisement, then it shall contain a warning stating, in writing and orally, that the case may be referred to lawyers or law firms that are not employed by the advertising law firm. Television advertisements that include amounts of past verdicts or settlements shall include [...]

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SB 1124 - Under this act, whenever a civil action is filed and an insurer may be obligated to provide a defense to such action or indemnity for any judgment rendered, the insurer shall have the right to intervene in such action and request the court to determine the extent of the it's coverage obligations, while reserving its rights with regard to providing coverage for the claims in the underlying civil action. If an insurer does intervene, the court shall finally determine the extent of coverage before proceeding with the merits of the underlying action. The judgment of the trial court as to coverage shall be immediately appealable, notwithstanding issues relating to the underlying action remaining unresolved. When a judgment on the issues of coverage becomes final, the insurer shall be dismissed from the underlying action. If the insurer previously has undertaken the defense of the person named as a defendant in the underlying action and the final judgment on the coverage issues determines [...]

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SB 1050 - This act shall be known as the "Asbestos and Silica Claims Priorities Act". The act requires that any claimant in an action alleging an asbestos or silica claim must file together with the complaint or other initial pleading a narrative medical report and diagnosis signed by a qualifying physician, accompanied by supporting test results, constituting prima facie evidence of the claimant's asbestos-related or silica-related injury. If the court finds that the claimant has failed to make the required prima facie showing, the claim shall be dismissed without prejudice. Claimants are also required to file a sworn information form containing all of the information listed in this act. No asbestos or silica claims shall be filed on behalf of a class or group, other than claims relating to the exposed person and members of his or her family. However, the court may consolidate asbestos or silica claims with the consent of all parties, or may consolidate cases for pretrial or discovery [...]

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SB 878 - This act provides that certain individuals and entities that disseminate information to the public by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means shall not be required to disclose the source of information. Such persons and entities also shall not be required to disclose any unpublished or non-broadcast information obtained or prepared in gathering, receiving, or processing of information for any medium of public communication as described in this act. The person or entity seeking the information may move the circuit court in the county where the proceeding is located for an order to require a person claiming the privilege to disclose the information sought. The motion shall include the name of the person claiming the privilege, the entity with which he or she was connected at the time he or she obtained the information, the specific information sought and its relevancy to the proceeding, and the necessity of disclosure of the information.[...]

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Sb 745 - This act provides that a custodial parent may designate a person to act as a standby guardian of their minor child or incapacitated adult child by a will or by a separate written instrument. If a parent who has designated a standby guardian is or becomes seriously ill, the parent or designated standby guardian may file a petition in probate court seeking appointment of the person as the standby guardian of the minor child or incapacitated adult child. The petition must be filed with a copy of the will or instrument designating the standby guardian, with consent to act as standby guardian by the person so designated. The petition also must contain certain identifying and contact information for the minor or incapacitated adult child, the custodial parent and designated standby guardian, each parent of the minor or incapacitated adult child, the spouse and all living children of the minor or incapacitated adult child, information about any adjudication of incapacity for such child,[...]

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