Rule 63.01.Trial Settings--Single-Judge Circuits.
Part I · Rule 63: Trial Settings · Last amended September 1, 1973 · Last verified July 22, 2026
Full Text of Rule 63.01
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is new and is a substantial change from prior Rule 63.01. Compare: Rule 40 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 63.01 answers a practical question for circuits that have only one judge: how does a case get set for trial? The rule lists four routes. The court can set a case for trial on its own motion on the first day of any term of court, without any special notice requirement tied to that timing. It can also set a case on its own motion on any regularly scheduled law day, but only after giving all parties five days’ written notice stating the date the trial-setting order will be entered. The parties can bypass both of those routes entirely by agreeing among themselves to a trial setting at any time. And a party can request a trial setting once the issues in the case have been joined and a reasonable time has passed for discovery, again with five days’ written notice to every other party stating the date the request will be made.
This structure matters because Rule 63.02 hands multi-judge circuits off to their own local scheduling rules instead. In a single-judge circuit, Rule 63.01 is the operative source for getting a case onto the trial docket, whether the initiative comes from the bench or from a party ready to move the case forward.
Frequently Asked Questions
How does a case get set for trial in a single-judge circuit?
Four ways: on the court’s own motion on the first day of a term, on the court’s own motion on a regularly scheduled law day with five days’ notice, by agreement of all parties at any time, or on a party’s request, with five days’ notice, once the issues are joined and there has been reasonable time for discovery.
What notice is required for a court-initiated trial setting on a law day?
Five days’ written notice to all parties, stating the date on which the order setting the case for trial will be entered.
Can the parties agree on a trial date without court action?
Yes, at any time, by agreement of all parties, without needing to wait for a term’s first day or a scheduled law day.
Can I ask the court to set my own case for trial?
Yes, once the issues have been joined and a reasonable time has passed for discovery, provided you give five days’ written notice to every other party stating the date you will make the request.
Does this rule apply in every Missouri circuit?
No, it applies specifically to single-judge circuits. Multi-judge circuits set trials according to their own local court rules under Rule 63.02.