Missouri state courts

Missouri’s main trial courts are called circuit courts. The Missouri Constitution lets them hear “all cases and matters, civil and criminal.”

That means an injury claim, a contract fight or a business dispute can almost always be filed in a Missouri circuit court. It must be filed in a county with a real link to the case. Small claims cases are handled inside the circuit courts too. See our small claims guide.

Federal courts hear only certain cases

Federal courts can hear a case only if a federal law allows it. The two main types are:

Missouri has two federal court districts, Eastern and Western. The Eastern District has three divisions. Its Eastern Division meets in St. Louis. It covers the City of St. Louis and St. Louis, St. Charles, Jefferson, Franklin, Lincoln and Warren counties, among others.

How much is “at stake”

For a case between people from different states, more than $75,000 must be at stake. If the other side moves the case to federal court, the amount you asked for in good faith in your first court papers usually counts as the amount at stake. There are some exceptions.

So the way your first court papers describe your losses can affect which court hears your case.

What this means for you

For most people, the biggest differences are the pace, the paperwork and the rules for how the case moves forward. Each court also has its own schedule and habits. A case that fits well in one court may move very differently in the other.

If you are sued, the court on your papers tells you which deadlines apply. If you are thinking of suing, the choice of court is part of the plan from day one. Either way, a lawyer who handles cases in both courts can explain the trade-offs for your case.

Moving a case to federal court

If you sue in state court, the other side can sometimes move the case to federal court. This is called removal. The key rules are:

• The other side usually has 30 days after getting the lawsuit to move it.
• A case based only on different home states cannot be moved if any properly served defendant lives in Missouri. So a Missouri defendant sued in Missouri usually cannot move the case on that basis.
• That kind of case also cannot be moved more than one year after it started, unless the court finds the person suing acted in bad faith to block the move.

Removal comes up often in cases against out-of-state trucking companies and product makers. See removal to federal court.

Differences you will notice

• Rules. Federal cases follow federal rules. Missouri cases follow Missouri’s rules. See our federal lawsuit guide.
• Deadlines. In federal court, the other side usually must answer within 21 days after being served.
• Jury. In federal court, you have a right to a jury. But you must ask for one in writing and send the request to the other side.
• Appeals. Federal and state cases go to different appeals courts. See federal appeals and civil appeals.

Words you may hear

• Jurisdiction: a court’s power to hear a certain kind of case.
• Venue: the place, such as the county, where a case is heard.
• Removal: moving a case from state court to federal court.
• Diversity: when the two sides are from different states.
• Federal question: a claim based on the U.S. Constitution or a federal law.

Questions that help decide where to file

1. Is any part of the claim based on federal law?
2. What state is each side from? Is anyone being sued from Missouri?
3. Is more than $75,000 really at stake?
4. Which county court is the right place to file?
5. Do you want a jury, and have all steps been taken to keep that right?

The choice of court is made at the very start and is hard to undo. It is worth thinking through before anything is filed. Our federal court page explains how the firm handles cases there.

Common questions

Related reading

• Cases in federal court
• Removal to federal court
• Federal diversity jurisdiction
• Civil lawsuits in Missouri