Rule 43.02.Filing of Pleadings and Other Papers.
Part I · Rule 43: Service and Filing of Pleadings and Papers · Last amended January 1, 2017 · Last verified July 22, 2026
Full Text of Rule 43.02
Amendment History
Adopted April 23, 1996, eff. Jan. 1, 1997. Revised March 14, 2002, eff. Jan. 1, 2003; Revised June 17, 2004, eff. Jan. 1, 2005; Amended June 28, 2016, eff. Jan 1, 2017.
Plain-English Summary
Rule 43.02 pairs with Rule 43.01’s service requirements by addressing filing. Subsection (a) requires that any paper filed after the petition, and required to be served on a party, be filed either before it is served or within five days afterward. Subsection (b) defines filing with the court as filing with the clerk, though a judge may accept a paper directly, note the filing date on it, and forward it promptly to the clerk’s office.
Subsection (c) opens the door to electronic filing. A local court rule, consistent with Rule 103, can authorize filing by fax or email for motions, applications, orders, judgments, warrants, pleadings, and similar documents. Where that local authorization exists, an electronically transmitted filing has the same effect as an original document, even one that would otherwise need to be verified or supported by affidavit, and a fax or electronic signature carries the same weight as an original signature. The person making the electronic filing has to keep the signed original and produce it if the court orders it.
Frequently Asked Questions
How soon after service does a paper have to be filed with the court?
Papers after the petition that must be served on a party have to be filed either before service or within five days after service.
What counts as “filing” under this rule?
Filing means filing with the clerk of the court, though a judge may accept a paper directly, mark the filing date on it, and send it on to the clerk’s office.
Can I file a pleading by fax or email in Missouri courts?
Only if a local court rule, consistent with Rule 103, authorizes electronic transmission filing for the type of document involved.
Does an electronically filed document need to be followed by a paper original?
The rule gives an authorized electronic filing the same effect as an original, including for documents that would otherwise need verification or an affidavit, but the filer must keep the signed original and produce it if the court orders it.
Does a fax or electronic signature count the same as a handwritten one for filing purposes?
Yes. Where electronic transmission filing is authorized by local rule, a fax or electronic signature has the same effect as an original signature.