The courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.
Rule 45.01.Courts Always Open for Certain Purposes.
Part I · Rule 45: Court Always Open · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule declares that Missouri courts are always considered open for the purpose of filing pleadings and other proper papers, issuing and returning process, and making and directing interlocutory motions and orders.
Full Text of Rule 45.01
Official Comment
This rule is the same as Section 7 of the 1943 Code (Section 506.080, RSMo 1945).
Plain-English Summary
Rule 45.01 removes any doubt about whether a courthouse being closed for the day, or between formal sessions, stops the wheels of a case from turning. The courts are deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
In effect, the rule detaches these routine but necessary functions — filing documents, moving process along, and handling non-final motions and orders — from any notion that a court has to be formally “in session” for them to happen. It works alongside Rule 46.01, which sets when the clerk’s office itself is physically open, and Rule 48.01, which addresses time periods described as running “in vacation.”
Frequently Asked Questions
Does this rule mean I can file a document any day of the week?
The rule establishes that the courts are always open for filing pleadings and other proper papers; the clerk’s office hours for physically accepting filings are addressed separately in Rule 46.01.
What is “mesne process”?
It refers to process issued during the course of a case, as distinguished from final process used to enforce a judgment. Rule 45.01 covers issuing and returning both.
Can a court rule on a motion even when it is not in a formal session?
Yes. The rule specifically deems the courts always open for making and directing interlocutory motions, orders, and rules.
Does this rule affect final judgments or only interim matters?
Its language covers filing papers, process, and interlocutory motions and orders. It works alongside other rules addressing terms of court and vacation periods for broader questions about court authority.
How does this rule relate to Rule 48.01’s treatment of “vacation”?
Rule 48.01 addresses how “in vacation” language in statutes and rules is construed; Rule 45.01 independently establishes that the listed court functions are always available regardless of session status.
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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