Civil and Domestic FAQ

 

GENERAL QUESTIONS

Who can use the Missouri eFiling System?

Any Missouri attorney in good standing must file all cases and documents via the Missouri eFiling System. All filing attorneys will be required to register with the Missouri courts and maintain current name, address and e-mail information.  Out-of-state attorneys admitted pro hac vice would need to file through associated counsel. Electronic filing for self-represented litigants is planned for a later phase.  Public access to case files for all citizens still is available at the courthouse on public computer terminals.

What if I have additional questions about electronic filing?
Contact the OSCA Help Desk via e-mail at osca.help.desk@courts.mo.gov or toll-free by phone at (888) 541-4894.  The Help Desk is available 7:30a.m.-5:00p.m. Monday through Friday, excluding state holidays.

USING THE MISSOURI eFILING SYSTEM

Must all documents be submitted through an attorney log-in?
Yes.  All documents must be filed through an attorney log-in.

What e-mail addresses are allowed for notifications when filing the case?
Attorneys must have an active e-mail address to be a registered user of the system.  An attorney has the option of adding additional e-mail addresses for the receipt of all notices and pleadings through the “My Preferences” section of the system.

Are all notices sent electronically or do paper notices continue to be sent?
Notices are sent electronically if the recipient is a registered user of the Missouri eFiling System.  If the recipient is not a registered user of the system, paper notices are sent.

How is service provided with electronic filing?  Is service different on initial filings?
Electronic notifications containing filing information are sent to all registered attorneys associated with a case once a filing is submitted.  Registered attorney parties will receive electronic notifications until they have withdrawn from the case.  Electronic notifications include post judgment actions (e.g. appeals, execution, garnishments, motions to set aside, motion to modify).

CASES AND DOCUMENTS IN THE MISSOURI eFILING SYSTEM

Are exhibits manually uploaded as a PDF?  What if the exhibit required redaction?
Exhibits considered part of a pleading are filed with the pleading as a single document as an attachment through the Missouri eFiling System. The handling of trial exhibits is not affected by eFiling.

Will I be able to see all the documents I file?
As a subscriber, you will have access to all documents in the system that are considered public as defined by the Supreme Court Operating Rules.  If the security of a document or an entire case is raised because of confidentiality issues, you will not be able to see the document or the case electronically.

Where can electronically filed documents be seen?  Who can see the documents electronically filed?  What electronic documents can be viewed?
All public documents can be viewed by all registered attorneys by accessing Case.net and searching for the case number or party name. When documents are filed electronically, an e-mail will be sent confirming the information filed and the e-mail will contain a link to view the electronic document.  If the document is not available electronically, please contact the court.

Why can't I print my document (summons/garnishment) off of case.net correctly?  When I try to print, it prints blank boxes or an incomplete document.
Open the PDF you wish to print, click on File, then Print.  Under Comments & Forms, click on the drop down arrow and select Documents and Stamps.  Click on Advanced.  Click in the box by Print as Image and the document will print correctly.

Can I file pleadings in bulk or in an automated fashion?
At this time, pleadings will have to be filed individually.

Can I file a Motion for Continuance through the eFiling system?
Yes, per Administrative Order 2013-050 you can submit your Motion electronically, but must also send a copy to the division by division email, fax or hand-delivery.

Can Interrogatories be scanned and attached with the Request for Garnishment.
Yes, as these are not the answered interrogatories, they can be submitted with the request.

How are notifications handled?
Notifications regarding filings are sent every three hours for each case with recent activity.  The notification is sent by e-mail from mocourts.efiling@courts.mo.gov and contains case details and a link to open information about the activity that occurred.  The e-mail “subject” line contains case number information (if available), court location, case style and attorney reference number.  The e-mail notification is sent to the e-mail address of the registered user and any additional e-mail accounts the registered user set up to receive notifications.

Does the court prepare the necessary documents (summonses, alias summonses, garnishments, etc) for issuance to the Civil Process Department?  Are the Civil Process  fees taken from the filing fees?
The clerk prepares the necessary documents for service after the case has been accepted. The summons and instructions regarding other necessary documents to be served with the summons are sent to the attorney by an e-mail containing a link for the filer to print the summons, attachments and directions for attaching the other required documents (see Service Packet Attachment instructions) to mail or deliver to Jackson County, Civil Process, or the out of county sheriff or private process server if allowed. Service fees for USJE are paid at time of filing. Service fees for out of county sheriff or private process servers are paid directly to them.  An alias summons is handled in the same way as the original summons.  Note: all garnishments and executions must be served by Civil Process.  *Note: Service packets for eviction/restitution are forwarded from the Execution/Garnishment section to the Civil Process Department.  The requesting party will not be responsible for preparing the service packets.

How are summons and garnishment returns handled?
All summons returns sent back to your office instead of the court (i.e. from private process servers, out of county sheriff) must be scanned and sent back to the court electronically. It is not necessary for the court to have the original return.  All service done by the Civil Process Department will be entered into the system and returns will not come back to your office.
 

Will the Civil Process Department accept service packets by email in the future?
This is a possibility, but not in the near future.

Will there be a place to drop off Service Packets for the Civil Process Department in Civil Records?
Yes. In Kansas City, there will be a drop off box located in Civil Records. The packets deposited there will be delivered once daily to Civil Process.  In Independence, you can drop off your packets at the Circuit Records counter.

When filing in the Family Court Division, must I still follow Local Court Rule 68.1, regarding the filing of Circuit Court Form 17 - Family Court Information Sheet?
Yes. Because our local form provides information not contained in the eFiling Supplemental Confidential Case Filing Information Sheet provided statewide, we do require that you continue to follow Rule 68.1 and submit Form 17 as well. Rather than rejecting your filing if the completed Form 17 is not attached, however, we will accept it, and send a note to the filer that we will not process the case further until Form 17 is received.

How will I submit documents under seal?
You will need to let us know by placing a Note to Clerk that this document should be sealed and we will raise the security level when it is accepted for filing if ordered to do so by the court.

How do I obtain subpoena forms?
Trial subpoenas are located on the courts website www.16thcircuit.org under Civil Records – Forms.  Subpoenas for Deposition will be emailed to the requesting party once a copy of the Notice of Service to take a deposition has been filed with our office.

MAKING PAYMENTS IN THE MISSOURI EFILING SYSTEM

Is each case filed, uploaded and paid for individually?
Each case must be filed individually, uploaded individually and paid for individually. Payment may be made by using a credit or debit card, electronic check, or court debit account. The form to set up a court debit account is located on the courts website www.16thcircuit.org under the eFiling section.

Does a third-party agent handle credit card transactions for filing fees for new cases, garnishments and other filings?
The electronic filing system uses a third-party vendor for credit card transactions, through a state contract.  Receipts are issued by e-mail notification immediately upon submission. A convenience fee is charged on each transaction. The convenience fee varies by credit card type and will be displayed upon entering the credit card information.  At this time, because each case must be filed individually, the convenience fee will be charged for each case.

What alternative payment options, besides credit cards and electronic checks, are available?
Court debit accounts allow for a filer or law firm to have money on account with the court for use by the filer and designees.  You can place money on deposit with the court to pay new filing fees or for additional charges.  To establish or replenish a court debit account, you can issue a check or give cash to the court.  You may also pay into your court debit account using a credit card but a convenience fee will be charged on that one transaction. There are no fees associated with the use of a court debit account.

What is an electronic check?  Will I be charged a fee for using one?
An electronic check (eCheck) is an electronic version of a paper check. Anyone with a checking account can pay by eCheck by providing the bank routing number, bank account number and the name on the account. A fee of $.60 will be charge on each eCheck transaction.

Will I need to set up a separate debit account for Kansas City and Independence? How will we be notified when the account is set up?
Only one debit account is necessary.  All Kansas City and Independence filings can pull from that account.  You will be notified by e-mail of your Account ID when an account is set up.

When using an eCheck, do I need to enter my account information with each submission?
The bank routing number can be saved.  You will need to enter the account number with each submission.

Can my staff be on the authorized list for the debit account?
Only attorneys can be authorized for the debit account.  However, when a document is filed under an attorney bar number, the debit account may be used to pay for it.

How are receipts handled?  Is an audit trail available?  Is receipt documentation available?
Receipts are sent as a part of the notification e-mail and can be printed if the user wishes to do so.  If the receipt is printed, clients can see the amount paid for the filing.  Attorneys have an audit trail through the “My Payments” section of the system.

How do the courts issue refunds?
If the court rejects the electronic filing within the time limit set by the payment vendor (which the system displays for the user), the system notifies the payment vendor to refund the electronic check or credit card transaction or, if the filer paid by court debit account, the money remains in the filer’s debit account. If the court rejects the filing after the time limit set by the payment vendor, the court issues a refund check for the filing deposit.  After the court accepts the filing, the court issues a check for any refunds of excess filing deposits in the same manner as it did before eFiling.

How do I submit additional fees after a filing submission is accepted?
You will need to eFile a notice to the clerk with a credit card, e-check or debit account information.  You can place a Note to Clerk to inform them what the fee is for as well.

Do I submit my service fee up front if I want the Civil Process Department to serve my documents?
Yes, the court will not issue a summons/garnishment without the fee if you want the court’s deputies to do the service.

MISCELLANEOUS QUESTIONS FROM THE Q & A SESSION WITH ATTORNEYS

Is it mandatory to enter date of births?
Yes, this is a requirement in the eFiling system.

If we submit a proposed order in PDF format will the Judge be able to change it?
No, if the Judge does not use the proposed order “as is,” her or she may create their own or ask you to send it to them by email in WORD format.  This is an individual division decision.

How is a walk through (emergency filing) processed?
Once you submit your filing electronically to the court, you will need to call our office and let us know it’s an emergency.  You can refer to the EF number, the number that is provided in each initial email response from the court after a filing is accepted.

Will we still get an impressed seal on Authenticated Transcripts?
No, an impressed seal is no longer required in the state of Missouri.  If required in another jurisdiction, please make a request in writing through the eFiling system.

Why would a submission be rejected?
When a document, pleading or case is submitted through the eFiling system, the most common reasons for rejecting them are:

  • No signature on document.  If you use the /s/ it must also contain your typed name. Ex:  s/s John Doe
  • Filed in wrong county.
  • Wrong case number or style.
  • Document is unreadable or upside down
    • Document is incomplete or incorrect.
    • Submitting new cases as existing cases, or existing cases as new cases. Ex: A motion to modify should be filed as an existing case.
      • Garnishment requests that are incomplete or incorrect will be rejected for the following reasons:
        • Garnishee not in Missouri
        • No judgment
        • PO Box for garnishee and they are not a federal agency
        • Pending garnishment has the same name as the submission
        • Missing or insufficient fees (must submit the service fee with request)

4/24/13

 

Electronic Filing Help

For assistance with the Missouri E-filing system, the Court encourages users with questions or concerns to contact the help desk of the Office of State Courts Administrator (OSCA).

The e-mail address is: OSCA.Help.Desk@courts.mo.gov.

Or, call toll-free at: (888) 541-4894.