The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Sundays and legal holidays. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable as of course by the clerk; but this action may be suspended or altered or rescinded by the court upon cause shown.
Rule 46.01.Clerk's Office, Open When--Motions and Proceedings Grantable by Clerk.
Part I · Rule 46: Clerk’s Duties and Powers · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule sets the clerk’s office hours, closed only on Sundays and legal holidays, and lists routine matters — like issuing process — the clerk may grant without a judge’s order unless the court suspends or changes that authority.
Full Text of Rule 46.01
Official Comment
This rule is the same as Section 8 of the 1943 Code (Section 506.090, RSMo 1959) except for the title.
Plain-English Summary
Rule 46.01 covers the clerk’s office itself. The office, staffed by the clerk or a deputy, is to be open during business hours every day except Sundays and legal holidays. That is separate from the “always open” concept in Rule 45.01, which addresses the court’s authority, not the physical office’s hours.
The rule also gives the clerk authority to handle certain routine matters without waiting on a judge. Motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings that do not require the court’s allowance or order, are grantable as a matter of course by the clerk. That clerk-level authority is not absolute, however: the court can suspend, alter, or rescind it for cause shown.
Frequently Asked Questions
What days is the clerk’s office required to be open?
Business hours on all days except Sundays and legal holidays.
Can the clerk grant certain requests without a judge’s order?
Yes, for motions and applications involving issuing mesne process, issuing final process to enforce and execute judgments, and other matters that do not require court allowance or order.
Can a judge take away the clerk’s authority to grant those routine matters?
Yes. The court may suspend, alter, or rescind that authority for cause shown.
Does this rule mean the court itself is only available during clerk’s office hours?
No. Rule 45.01 separately provides that the courts are always open for filing, process, and interlocutory motions, regardless of the clerk’s office hours addressed here.
What does “final process” mean in this rule?
It refers to process used to enforce and execute a judgment, as opposed to process issued during the pendency of the case.
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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