Rule Text
If no procedure is specifically provided in these rules, the court shall be governed by the practice and procedure customary in proceedings in equity. To the extent not inconsistent with these rules, the court shall be governed:
(1) In any proceeding under subdivisions (1) and (2) of subsection 1 of section 211.031, RSMo, by Rules 41 to 101, and
(2) In any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, by Rule 25.
Amendment history: (Adopted May 20, 2009, eff. Jan. 1, 2010.) (Adopted Dec. 9, 1975, eff. Aug. 1, 1976; Repealed Dec. 9, 1997, eff. Jan. 1, 1999; Amended May 20, 2009, eff. Jan. 1, 2010.)
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Sometimes a juvenile or family court case comes up and there's no specific rule that covers exactly what to do. This rule explains what happens in that situation.
When there's a gap like this, the court falls back on the general practices used in equity cases (a traditional type of court proceeding focused on fairness). Beyond that, the rule points to more specific backup options depending on the type of case. If the case involves certain juvenile matters listed in section 211.031 (like abuse, neglect, or status offense cases), the court uses Missouri's civil procedure rules, numbered 41 through 101. If the case involves a juvenile charged with an act that would be a crime if committed by an adult, the court instead follows Rule 25, which covers criminal procedure.
In short, this rule acts like a safety net. It makes sure that even when the specific juvenile court rules don't address a situation, judges and lawyers still have clear guidance on which broader set of rules to use.
Committee Notes
Comment
Section 211.171.7, RSMo, provides: "The practice and procedure customary in proceedings in equity shall govern all proceedings in the juvenile court."
Section 487.160, RSMo, provides: "Any reference in the statutory laws of this state to the juvenile division of the circuit court shall be deemed to include the family court when involving matters previously within the exclusive original jurisdiction of the juvenile division if such inclusion is not in conflict with the provisions of section 487.010 to 487.190."
