Rules 41 to 101, inclusive, are promulgated pursuant to authority granted this Court by Section 5 of Article V of the Constitution of Missouri and supersede all statutes and existing court rules inconsistent therewith.
Rule 41.02.Rules--Authority for--Statutes Superseded.
Rule 41: General · Last amended September 1, 1972 · Last verified July 22, 2026
In one sentenceThis rule identifies the Missouri Constitution as the source of the Supreme Court’s authority to write these procedural rules and states that the rules override any conflicting statute or older court rule.
Full Text of Rule 41.02
Amendment History
Adopted Feb. 1, 1972, eff. Sept. 1, 1972.
Official Comment
This is substantially the same as prior Rules 41.03 and 41.04.
Plain-English Summary
Rule 41.02 is short, but it does important work: it explains why these rules exist and why they carry the weight they do. The Missouri Supreme Court adopted Rules 41 through 101 under the rulemaking power given to it by Section 5 of Article V of the Missouri Constitution. That is not a minor procedural detail — it means the rules come from the state’s highest court acting on constitutional authority, not from the legislature.
Because of that source, the rule states plainly that Rules 41 through 101 supersede any statute or existing court rule that conflicts with them. When a Missouri statute and a civil procedure rule point in different directions on a procedural question, the rule controls. Litigants and lawyers researching an old statute that seems to address filing, service, timing, or similar procedural topics should check whether a later-adopted rule has superseded it.
Frequently Asked Questions
What gives the Missouri Supreme Court the power to write these rules?
Section 5 of Article V of the Missouri Constitution grants the Supreme Court authority to adopt rules governing court practice and procedure, and Rules 41 through 101 were promulgated under that authority.
If a statute and a civil procedure rule conflict, which one applies?
The rule applies. Rule 41.02 states that Rules 41 through 101 supersede any statute inconsistent with them.
Does this rule also override older court rules?
Yes. It supersedes any existing court rule that conflicts with the current civil procedure rules, not just statutes.
Can the legislature pass a new statute that overrides these procedural rules?
Rule 41.02 addresses rules adopted under the Court’s constitutional rulemaking power as of their promulgation; questions about a specific later statute’s effect on a specific rule call for checking that statute and any rule amendments addressing it directly.
Why does it matter that these rules come from the Constitution instead of a statute?
It establishes the Supreme Court, not the General Assembly, as the source of civil procedure in Missouri courts, which is why the rule can state that it supersedes inconsistent statutes.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
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