- Introduced -
SB 696 - This act removes most instances of review of an associate court decision by trial de novo in a circuit court. The act does not eliminate all instances of trial de novo review. Current law allows for certain small claims and minor cases to be heard by an associate circuit judge. In many instances, a party may appeal from a decision of the associate judge to the circuit judge. The circuit court then reviews via a trial de novo, usually repeating aspects of the trial including: pleadings, motions, discovery, evidence, and argument.
Practically, this will increase the power of associate circuit judges. It will also decrease the workload of circuit judges. However, it is possible that the workload of the appellate courts will increase proportionately as the cases normally granted trial de novo review will not have that option.
The changes affect the following statutes: local property assessments (Chapter 138), certain food statutes (Chapter 196), debtor-creditor claims (Chapter 426), suits on mechanic's liens (Chapter 429), traffic cases in St. Louis county (Chapter 479), suits of unlawful detainer (Chapter 534), landlord-tenant actions (Chapter 535), misdemeanors and infractions (Chapter 541), and appeals from denial of a concealed weapon permit. The effect of the act is delayed until January 1, 1999.
CHARLES HATCHER