Division IV: Judge Larry Harman
The following are the normally followed procedures for getting a case through Division IV in an efficient manner. Exceptions can be made by contacting the Clerk first and the Judge, second. (remember who really runs the show…usually the clerks!)
Usually heard on Wednesdays at 9:30 a.m. Make sure you have contacted the other side as a courtesy and it is wise to call the Division Clerk to make sure the date is available. If the motion will take more than 30 minutes, another time may be a better choice – contact the clerk. Pre-Trial motions are encouraged and not limited in number generally.
- Usually by motion and noticed up for a Wednesday at 9:30 a.m.
- Criminal Defendants MUST appear in person at all hearings.
- Civil cases may be set by conference call with the Judge.
- The utility of a Scheduling Order will be discussed. Mediation prospects will be discussed.
- Usually set for Mondays, unless it is a "Holiday" week.
- Can only be set by the Judge.
- There is a mandatory 1final pre-trial conference about 10 days before trial.
Counsel for plaintiff should bring a "MAI – marked" copy of what they think their verdict director will be, a damages instruction, and a form of verdict. Defense counsel should bring a copy of any affirmative defense or avoidance instructions.
The motions need to be filed at least 10 days before the pre-trial, so opposing counsel will have time to digest them and file responses if desired.
In civil cases, counsel should be prepared to discuss possible settlement. A party with the authority to approve settlement shall be available by phone.
Counsel should be prepared to discuss any stipulations and/or agreements regarding exhibits and evidence. (ie. Foundation/admissibility/etc.)
The language of the "Insurance" question should be agreed upon before the pre-trial. The number of venire persons to be summoned will be discussed. Witness scheduling issues will be discussed. Unusual evidentiary issues should be raised by a Motion in Limine.
A full set of instructions – one clean and ONE marked copy – should be presented to the court before trial begins on Monday.
Jury trials begin at 9:00 a.m. on Mondays and conclude at 5:00 p.m. every day. Witnesses should be scheduled accordingly. On second and subsequent days of trial, we usually begin at 8:30 a.m.
See separate memorandum regarding Friendly Suits. Form A must be filed with the court and approved by the Judge before the matter can be set for hearing.
- Usually heard on Thursdays and Fridays, beginning at 9:15 a.m.
- May be scheduled with the clerk, unless it will require more than 2 hours, or if a jury trial is requested.
- See a copy of the Memorandum to Guardians and Conservators.
- See Pre Trial Order Regarding Guardianship and Conservatorship Proceedings and Statement of Counsel.
- You can look at our "Trial Checklist" if you want. Judge's Worksheet Guardianship/Conservatorship Hearing or Judge's Worksheet Minor Guardianship/Conservatorship Hearing
- A "return of service" must be filed before the hearing.
- No "binding" plea agreements are accepted. All pleas are "open".
- An S.A.R. is ordered in all felony cases.
- A written petition to plead guilty is used (see separate document). Can be found on the Circuit7.net website. It should be completed in advance.
- Defendants must appear at all hearings.
- Bond – read §544.455 RSMo.
- Probation hearings – scheduled as needed-usually Wednesday/Thursday/Friday afternoons.
I am usually in the office before 8:00 a.m. Feel free to stop in, but remember I sometimes start court at 8:30 a.m.
1 At the "final" pre-trial - ALL remaining pre-trial motions are decided. This includes motions in limine, motions for continuance, motions to amend (criminal), petitions to enter a plea of guilty, objections to deposition testimony are ruled, etc.