478.720. Districts of Marion County circuit court--where court held--jurisdiction transfers.
Districts of Marion County circuit court--where courtheld--jurisdiction transfers.
478.720. 1. Within Marion County there shall be two geographicaldistricts of the circuit courts--one at the county seat in Palmyra which shallbe known as "District Number 1" and the other in Hannibal which shall be knownas "District Number 2". Said districts may also be known as the "CircuitCourt of Marion County at Palmyra" and the "Circuit Court at Marion County atHannibal", respectively. Both the circuit and associate circuit judges shallregularly hold court at both Palmyra and Hannibal.
2. District number 2 of the Marion County circuit court shall havewithin the limits of Mason and Miller townships of the county of Marionexclusive original jurisdiction in all civil and criminal actions except asmay otherwise herein be specifically provided. Municipal ordinance violationsof the city of Hannibal shall be prosecuted originally and on application fortrial de novo within district number 2, and any municipal judge for which thecity of Hannibal determines to make provisions shall be a municipal judge ofdistrict number 2.
3. District number 1 of the Marion County circuit court shall havewithin all of Marion County except in Mason and Miller townships exclusiveoriginal jurisdiction in all civil and criminal actions except as mayotherwise herein be specifically provided.
4. No person residing within the limits of Marion County, and beyond thelimits of Mason and Miller townships, shall be sued in district number 2 ofthe Marion County circuit court, nor shall any person residing within thelimits of said townships be sued in district number 1 of the circuit court forthe county of Marion, except in cases where there are more defendants than onein the county of Marion, some of whom reside within and some of whom residewithout the limits of Mason and Miller townships; in which event suit may bebrought in either district of the circuit court of Marion County, except asherein provided.
5. When an offense shall be committed on the boundaries of the saidMason or Miller townships, or within five hundred yards of said boundaries, orwhere the person committing the offense shall be on one side and the injury bedone on the other side of said boundaries, an examination thereof may be madeand an indictment may be found and a trial and conviction thereon had eitherin the said district number 2 or in district number 1 of the circuit court ofMarion County or the circuit court of Ralls County.
6. If a cause be filed in district number 1 of the circuit court ofMarion County when it should have been filed in district number 2 of saidcourt, or if a cause be filed in district number 2 of said court when itshould have been filed in district number 1 of said court, upon motion of anyparty, the cause shall be transferred to the proper district and proceedingsthereafter had in that district as if the case was originally filed in thatdistrict. The matter of the filing of the action in the improper districtshall be deemed waived in the following situations:
(1) In a civil action where procedures applicable before circuit judgesapply, such matter must be raised by motion or responsive pleading in the samemanner and within the same time as those defenses specified in supreme courtrule 55.27(g)(1) or it will be deemed waived;
(2) In a civil action where procedures under chapter 517, RSMo, or smallclaim procedures are applicable, such matter must be raised prior to thecommencement of the trial or it will be deemed waived;
(3) In a felony case, such matter must be raised within the timepermitted to file motions directed to the information or it will be deemedwaived; and
(4) In a misdemeanor case or municipal ordinance violation case, suchmatter must be raised prior to the commencement of the trial or it will bedeemed waived. When a cause is filed in an improper district, all proceedingshad in the cause until a proper motion or application is filed raising thematter of filing in the improper district shall be considered lawful andproper, and unless such a timely motion or application be made, the matter offiling in the improper district shall be of no effect.
(L. 1978 H.B. 1634)Effective 1-2-79