Rule 38.02 Rules - Authority for - Statutes and Ordinances Superseded

Rule 38 comes from power given to the Missouri Supreme Court by the state constitution. Specifically, Article V, Section 5 lets the Court create rules for how courts handle cases.

Because of this, Rule 38 takes priority over other laws that conflict with it. If a state law, a city or county ordinance, or another court rule says something different from Rule 38, then Rule 38 wins. Courts must follow Rule 38 instead of the conflicting law.

This matters because it means people cannot rely on an older statute or local ordinance if it goes against what Rule 38 says. When there is a conflict, Rule 38 controls how the case is handled.