Rule 51.10.Clerk to File and Docket Civil Action When Transferred.
Part I · Rule 51: Venue, Including Change of Venue and Change of Judge · Last amended January 1, 2001 · Last verified July 22, 2026
Full Text of Rule 51.10
Amendment History
Added Nov. 15, 1974, eff. Sept. 1, 1975; Amended May 26, 2000, eff. Jan. 1, 2001.
Plain-English Summary
Rule 51.10 picks up where Rule 51.09 leaves off. Once the transferred file arrives, the clerk of the receiving court must file and docket the action, just as if it were a new filing there.
The clerk also owes the parties notice. Every attorney of record must get a mailed notice confirming the action arrived, along with any new cause number assigned and which division of the court will handle it. That notice matters in practice: it is the trigger date for at least one downstream deadline, since Rule 51.045(d) measures a later Rule 51.03 application partly from when this notice goes out.
The last sentence of the rule settles any doubt about the transferred case’s status: the receiving court treats and decides it exactly as if the action had originated there, instead of as an import from somewhere else.
Frequently Asked Questions
What must the receiving clerk do when a transferred case arrives?
File and docket it, and mail notice to counsel of record.
What does the notice from the receiving clerk include?
Acknowledgment of receipt, any new cause number, and the assigned division.
Is a transferred case treated differently because it moved from another court?
No. It is treated and determined as if it had originated in the receiving court.
Why does the mailing date of this notice matter?
It can start the clock on a later Rule 51.03 application after a Rule 51.045 transfer.
Is a new cause number always assigned to a transferred case?
The rule allows for a new cause number, which is included in the clerk’s notice when one is assigned.