Rule 6 - Assignment of Judges, Cases, and Transfer of Cases
Rule 6.8 - Transfer and Reassignment of Civil Cases
1. Notwithstanding the following paragraphs, cases shall not be transferred from a Kansas City division to an Independence division or vice versa unless ordered by the Presiding Judge and (1) the lawyers and/or litigants agree in writing to the transfer, or (2) the case is one of the top three cases which are ready for trial on the weekly trial docket and no division is available at the courthouse where the case is set for trial.
2. Cases may be transferred between judges by agreement of the judges.
3. Whenever there are two or more cases arising out of the same transaction, or the same acts of negligence, or relating to the same property, the circuit judge handling the lowest numbered case upon motion shall request the judge or judges having the later filed case or cases to transfer the same to the division of such requesting judge so that said judge shall dispose of all preliminary motions and try, hear and determine all issues presented in the case.
4. A judge before whom related cases are pending may consolidate the cases for trial if, in his judgment, consolidation is authorized by the Missouri Rules of Civil Procedure.
5. In situations not governed by the enumerated paragraphs above, the transfer and reassignment of cases shall conform to the following procedures:
a. Any judge, sua sponte and for cause, may transfer a case to the Presiding Judge for reassignment.
b. Any attorney seeking a transfer of a case to another division must make application to the judge from which the transfer is sought, and if that judge is satisfied that the request is reasonable he may transfer the case to the Presiding Judge for reassignment.
c. The Presiding Judge shall, upon receipt of the case from the transferring judge, reassign the case to another civil division.
6. Any party challenging venue pursuant to Section 478.462 on the ground that the case was reassigned to the wrong portion of the circuit must do so by filing a written application for change of venue within ten days of the reassignment. Failure to file a timely application hereunder shall waive any allegation of improper venue. Nothing in this rule shall be construed to diminish the power of the Presiding Judge to equalize the docket or reassign cases pursuant to Rule 6.8.1.
7. In a motion or request to transfer a civil action from an associate division of the circuit court to a circuit division by any plaintiff(s), movant(s) must deposit with the Court Administrator an additional filing fee in an amount equal to the current filing fees for circuit court actions, minus any filing fees previously deposited on such case.
Adopted 9/20/07
Revised 8/18/23
Effective 10/22/07