Judge Heather R. Cunningham
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Email
Motion
- Email • At Least 10 Days Prior to Pretrial
Document Format Requirements1 rule
A copy of the package must be e-mailed to Heather.Cunningham@courts.mo.gov in Word format.
- File type
- Word
Document Filing Requirements4 rules
Any Motions for Summary Judgment filed pursuant to 74.04 RSMo shall be filed in a package containing the Motion; Statement of Uncontroverted Facts; Memorandum in Support of the Motion; Response in Opposition to the Motion and Statement of Uncontroverted Facts; the Reply in Support of the Motion; and any Sur-Replies permitted by 74.04(c) RSMo
- Document
- Summary judgment package
Must include
- •Statement of facts
A notice for a WebEx hearing requires consent of all parties and must include the WebEx meeting ID, meeting room link, and call-in number.
Court's wording
Any Notice for a hearing conducted by WebEx must be by consent of all parties and shall include the following information: WebEx Meeting ID: 146 569 4409 Meeting Room Link: https://mocourts.webex.com/meet/vcdiv3mtg WebEx Call in Number: 1-408-418-9388 (long distance charges may apply)
Parties must present an exhibit list and exhibits for marking at the pre-trial conference; electronic evidence must be clearly titled to match its label, multi-page evidence paginated, plaintiff exhibits numbered and defendant exhibits lettered, and an exhibit index included.
- Document
- Exhibits
Must include
- •Exhibit list
Court's wording
The parties shall also be required to present an exhibit list and the exhibits to the court and the court reporter for marking at the time of the pre- trial conference. Any electronically submitted evidence must be clearly titled and the name shall match the label/ marking of the evidence (ex: “Pltf Ex.1.pdf), Multi-page evidence shall be paginated. Plaintiffs (1,2,3…) for labeling, Defendants letters (A,B,C,..) for labeling. Please include an Exhibit index.
The party filing the motion shall file a Notice of hearing for an agreed upon date and shall state whether the motion will be heard in person or by WebEx.
Filing & Service rules
Filing Timing and Cure Windows
All dispositive motions must be filed no later than 180 days before the scheduled pre-trial conference.
All dispositive Motions must be filed no later than 180 days before the schedule pre-trial conference.
Civil cases
Page 1 | 9. Dispositive Motions and Summary Judgment Filing Requirements
Motions in limine and objections in depositions must be filed no later than 10 days before the pre-trial conference.
All Motion in Limine and objections in depositions must be filed no later than 10 days before the pre-trial conference.
Civil cases
Page 1 | 10. Motions in Limine
Plaintiff's jury instructions must be filed no later than 10 days before the pre-trial conference.
Plaintiff’s Jury Instructions must be filed no later than 10 days before the pre-trial conference.
Civil cases
Page 2 | 17. Plaintiff's Jury Instructions
Defendant's jury instructions must be filed no later than 5 days before the pre-trial conference.
Defendant’s Jury Instructions must be filed no later than 5 days before the pre-trial conference.
Civil cases
Page 2 | 18. Defendant's Jury Instructions
The Summary required by Rule E1.01 must be filed no later than five days before the pre-trial conference.
Summary as required by Rule E1.01 no later than five (5) days prior to the pre-trial conference.
Civil cases
Page 3
Parties must provide the court with proposed or agreed-upon questions regarding juror litigation history, per Rule 69.025, no later than five days before the pre-trial conference.
Parties to provide the court with proposed or agreed upon questions regarding juror litigation history pursuant to Rule 69.025 no later than five (5) days prior to the pre-trial conference.
Civil cases
Page 3
Motions to suppress and motions in limine must be filed no later than three business days before the pretrial conference and will be heard at that conference.
All motions to suppress and all motions in limine shall be filed no later than three business days before the pretrial conference and shall be heard at the pretrial conference.
Criminal cases
Page 1 | 3. PRETRIAL DEADLINES
Jury instructions must be filed by the pretrial conference date.
Jury instructions to be filed by pretrial conference date.
Criminal cases
Page 1 | 4. OTHER ORDERS/DIRECTIVES
Service and Proof of Service Rules
No discovery shall be served no later than 30 days prior to discovery deadline.
No discovery shall be served no later than 30 days prior to discovery deadline.
Civil cases
Page 1 | 7. Discovery Completion
Courtesy Copy Requirements
A copy of the summary judgment package must be e-mailed to Heather.Cunningham@courts.mo.gov in Word format.
A copy of the package must be e-mailed to Heather.Cunningham@courts.mo.gov in Word format.
Civil cases
Page 1 | 9. Dispositive Motions and Summary Judgment Filing Requirements
Heather.Cunningham@courts.mo,gov, at least 10 days prior to pre-trial.
Heather.Cunningham@courts.mo,gov, at least 10 days prior to pre-trial.
Civil cases
Page 2 | 12. Hearing/WebEx Procedures
Parties must provide copies of all exhibits for the other parties, witnesses, and the Court.
Parties are responsible for providing copies of all exhibits for the other parties, witnesses and the Court.
Civil cases
Page 2 | 16. Exhibit Copies
Filing Bundling Requirements
All summary judgment filings under 74.04 RSMo must be filed together in a single package.
Any Motions for Summary Judgment filed pursuant to 74.04 RSMo shall be filed in a package containing the Motion; Statement of Uncontroverted Facts; Memorandum in Support of the Motion; Response in Opposition to the Motion and Statement of Uncontroverted Facts; the Reply in Support of the Motion; and any Sur-Replies permitted by 74.04(c) RSMo
Civil cases
Page 1 | 9. Dispositive Motions and Summary Judgment Filing Requirements
Pre-Motion Conference Requirements
Counsel must set a pre-trial conference to hear their motions no later than 10 days (including weekends) before trial, and any motions not heard by then are deemed abandoned.
Counsel are responsible for setting a pre-trial conference where said motion(s) will be heard no later than 10 days (including Saturday and Sunday) before the trial date. All motions not heard at that time are deemed abandoned.
Civil cases
Page 2 | 13. Setting Pre-Trial Conference Hearings
All outstanding motions, motions in limine, and deposition objections will be argued at the pre-trial conference.
All outstanding Motions, Motions and Limine and objections in depositions will be argued at the pre-trial conference.
Civil cases
Page 1 | 11. Argument of Outstanding Motions
Objections to designated deposition testimony intended for the record must be presented to the court for a ruling at the pre-trial conference.
The parties shall present any objections to the designated deposition testimony that they intend to enter into the record to the court for a ruling at the time of the pre-trial conference.
Civil cases
Page 2 | 14. Deposition Testimony Objections