478.205. Circuit court, continual session — when term required, time commencing. — The circuit court of each county and in the city of St. Louis shall be considered as being in continual session, and it shall not be necessary for a term or special term of any such court to be convened or held for such court or the judges thereof to conduct the business of the court with respect to any case or matter before the court. To the extent that a term of a circuit court may be required or specified by any provision of law, terms of each circuit court of the state shall be considered as commencing on the second Mondays in February, May, August and November of each year; provided, however, that no court by reason of this section shall be required to hold court on the first day of any such term and provided further that each circuit court for convenience may provide by local court rule for a different number of terms per year and for terms to commence on different dates.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1979–2021 · leading case:
State v. Fassero, 256 S.W.3d 109 (Mo. 2008).
State v. Fassero, 256 S.W.3d 109 (Mo. 2008).
· cites it 4× “A statute, section 478.205, describes "term of court” and a rule, Rule 20.”
State of Missouri v. Bruce Pierce, 433 S.W.3d 390 (Mo. 2014).
· cites it 2× “Louis City Circuit Court has no local rule governing terms of court, section 478.205 establishes those terms. It sets four terms each year, and those terms begin on the second Monday of each February, May, August, and November.”
State v. Morrison, 364 S.W.3d 779 (Mo. Ct. App. 2012).
· cites it 5× “*787 Lafayette County is within the Fifteenth Judicial Circuit, and local rules provide that the circuit court of Lafayette County shall be in continual session as provided by Section 478.205, RSMo[, and t]o the extent that a term of circuit court may be required .”
State ex rel. State High. Comm'n v. Gould, 592 S.W.2d 172 (Mo. Ct. App. 1979).
· cites it 2× “However, the more important fact is that this case was pending in Clay County and, subsequent to the change of venue, in Caldwell County during the period of time when § 478.205 RSMo 1969, now repealed effective January 2, 1979, 478.”
Branch v. Am. Freight Sys., Inc., 586 F. Supp. 184 (W.D. Mo. 1983).
· cites it 2× “Mo.Rev.Stat. § 478.205 states that the state circuit courts terms commence on the second Monday of February, May, August and November.”
State v. Leitner, 945 S.W.2d 565 (Mo. Ct. App. 1997).
· cites it 6× “2, Missouri Local Rules of Court, Twenty-Fifth Judicial Circuit, 3 they have both overlooked the second portion of the Rule which reads as follows: The circuit court of each county of the circuit shall be in continual session as provided by Section 478.205, RSMo. To the extent…”
State v. Powers, 612 S.W.2d 8 (Mo. Ct. App. 1980).
“§ 478.205. It is apparent the defendant was not tried within the statutory number of terms.”
Collins v. Am. Freight Sys., Inc., 559 F. Supp. 1032 (W.D. Mo. 1983).
· cites it 2× “” 6 Section 478.205 sets out that the state circuit court terms commence on the second Monday of February, May, August and November.”
Bandelier v. Local 782, Retail Store Employees Union, 560 F. Supp. 37 (W.D. Mo. 1983).
· cites it 3× “” 1 Section 478.205, RSMo., sets out that the state circuit court terms commence on the second Monday of February, May, August and November! • -Ih the cause now before the Court, plaintiff Bandelier asserts that his cause is distinguishable from that in Mitchell in that none of…”
State of Missouri v. Gregory Shegog, No. ED108716 (Mo. Ct. App. May 11, 2021).
· cites it 5× “banc 2014); see also section 478.205 RSMo 2016. 8 appeal when a defendant raises the claim to the trial court when it is still possible for the court to comply with “the same or next term of court” deadline); Fassero, 256 S.”
Arrow v. Pulitzer Pub. Co., 548 F. Supp. 420 (E.D. Mo. 1982).
“[2] § 478.205 provides in part Circuit court, continual session when term required, time commencing The circuit court of each county and in the city of St.”
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