Order dated May 19, 2016, re: Rules 19, 30, 81, 83, 84 and 103

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Supreme Court of Missouri
en banc

May 19, 2016
Effective January 1, 2017
(Note: By order dated October 11, 2016, this order was corrected in part.)


In re:

(1) Repeal of subdivision 19.01, entitled "Misdemeanors or Felonies – Rules – When Applicable," of Rule 19, entitled "Infractions, Misdemeanors or Felonies – General," and in lieu thereof adoption of a new subdivision 19.01, entitled "Misdemeanors or Felonies – Rules – When Applicable."

(2) Repeal of subdivision 30.01(c), entitled "Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections;" subdivision 30.04, entitled "Record on Appeal – Contents – Designation – Compiling, Ordering, Filing and Service – Errors, Omissions and Supplemental Record;" subdivision 30.05, entitled "Exhibits – Record on Appeal;" subdivision 30.06, entitled "Briefs – Contents – Time for Service and Filing;" subdivision 30.07, entitled "Service of Motions, Briefs and Records on Appeal;" subdivision 30.08, entitled "Communications to Court;" subdivision 30.10, entitled "Motions – Suggestions – Oral Argument;" subdivision 30.12, entitled "Number of Copies to be Filed in Court of Appeals;" subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment – Notices;" and subdivision 30.31, entitled "Original Writs in Appellate Courts," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.005, entitled "Filing in and Notice from Appellate Courts;" a new subdivision 30.006, entitled "Service of Filings in Appellate Courts;" a new subdivision 30.01(c), entitled "Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections;" a new subdivision 30.04, entitled "Record on Appeal – Contents – Designation – Compiling, Ordering, and Filing – Errors, Omissions and Supplemental Record;" a new subdivision 30.05, entitled "Exhibits;" a new subdivision 30.06, entitled "Briefs;" a new subdivision 30.07, entitled "Service of Briefs on Attorney General;" a new subdivision 30.08, entitled "Communications to Court;" a new subdivision 30.10, entitled "Motions and Suggestions;" a new subdivision 30.12, entitled "Number of Copies to be Filed in Court of Appeals;" a new subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment – Notices;" and a new subdivision 30.31, entitled "Original Writs in Appellate Courts."

(3) Repeal of subdivision 81.005, entitled "Electronic Filing in Appellate Courts;" subdivision 81.04, entitled "Appeals, When and How Taken – Cross Appeals – Docket Fees;" subdivision 81.08, entitled "Notice of Appeal – Contents – Jurisdictional Statement Required – Trial Court Clerk to Notify, When;" subdivision 81.12, entitled "Contents of the Record on Appeal – Designation of the Record on Appeal – Compiling, Ordering, Filing and Service of Record on Appeal – Errors, Omissions and Supplemental Record on Appeal;" subdivision 81.14, entitled "The Record on Appeal, Multiple Appeals – Form of Record on Appeal;" subdivision 81.15, entitled "Certification of Record on Appeal;" subdivision 81.16, entitled "Exhibits – Records on Appeal – Transcript, Exhibits Need Not Be Incorporated;" and subdivision 81.18, entitled "Form of Typewritten Documents," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.005, entitled "Filing in and Notice from Appellate Courts;" a new subdivision 81.006, entitled "Service of Filings in Appellate Courts;" a new subdivision 81.04, entitled "Appeals, When and How Taken – Cross Appeals – Docket Fees;" a new subdivision 81.08, entitled "Appeal to Supreme Court – Jurisdictional Statement Required;" a new subdivision 81.12, entitled "Record on Appeal;" a new subdivision 81.15, entitled "Record on Appeal – Uncertified or Disputed Record;" a new subdivision 81.16, entitled "Exhibits;" a new subdivision 81.18, entitled "Format of Documents," and a new subdivision 81.21, entitled "Parties Ineligible to File Documents through the Electronic Filing System."

(4) Repeal of subdivision 83.05, entitled "Application – Form – Contents," and subdivision 83.06, entitled "Suggestions in Opposition," of Rule 83, entitled "Transfers from Court of Appeals to this Court," and in lieu thereof adoption of a new subdivision 83.05, entitled "Application – Form – Contents," and a new subdivision 83.06, entitled "Suggestions in Opposition."

(5) Repeal of subdivision 84.01, entitled "Motions, Pleadings and Other Papers – Signatures, Notice and Service;" subdivision 84.04, entitled "Briefs – Contents;" subdivision 84.05, entitled "Briefs – When and By Whom Served and Filed;" subdivision 84.06, entitled "Form of Briefs – Disk Required, When;" subdivision 84.08, entitled "Involuntary Dismissal of Appeal – Notices;" subdivision 84.11, entitled "Notice, Service of;" subdivision 84.17, entitled "Post-disposition Motions;" subdivision 84.24, entitled "Procedure as to Original Writs;" and subdivision 84.25, entitled "Number of Copies to be Filed in This Court," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.01, entitled "Motions, Pleadings and Other Papers – Signatures;" a new subdivision 84.04, entitled "Briefs – Contents;" a new subdivision 84.05, entitled "Briefs – When and By Whom Filed;" a new subdivision 84.06, entitled "Form of Briefs;" a new subdivision 84.08, entitled "Involuntary Dismissal of Appeal – Notices;" a new subdivision 84.17, entitled "Post-disposition Motions;" and a new subdivision 84.24, entitled "Procedure as to Original Writs."

(6) Repeal of subdivision 103.10, entitled "Issuance of Summons;" subdivision 103.11, entitled "Filing of Copies and Required Format of Certain Documents in this Court and the Court of Appeals;" and subdivision 103.12, entitled "Appendix to Brief on Appeal," of Rule 103, entitled "Electronic Filing," and in lieu thereof adoption of a new subdivision 103.10, entitled "Issuance of Summons."

ORDER

1. It is ordered that effective January 1, 2017, subdivision 19.01 of Rule 19 be and the same is hereby repealed and a new subdivision 19.01 adopted in lieu thereof to read as follows:

19.01 Misdemeanors or Felonies - Rules - When Applicable


2. It is ordered that effective January 1, 2017, subdivision 30.01(c), subdivision 30.04, subdivision 30.05, subdivision 30.07, subdivision 30.08, subdivision 30.10, subdivision 30.12, subdivision 30.14, and subdivision 30.31, of Rule 30 be and the same are hereby repealed and a new subdivision 30.005, a new subdivision 30.006, a new subdivision 30.01(c), a new subdivision 30.04, a new subdivision 30.05, a new subdivision 30.06, a new subdivision 30.07, a new subdivision 30.08, a new subdivision 30.10, a new subdivision 30.12, a new subdivision 30.14, and a new subdivision 30.31 adopted in lieu thereof to read as follows:

30.005 Filing in and Notice From Appellate Courts
3. It is ordered that effective January 1, 2017, subdivision 81.005, subdivision 81.04, subdivision 81.08, subdivision 81.12, subdivision 81.14, subdivision 81.15, subdivision 81.16, and subdivision 81.18 of Rule 81 be and the same are hereby repealed and a new subdivision 81.005, a new subdivision 81.006, a new subdivision 81.04, a new subdivision 81.08, a new subdivision 81.12, a new subdivision 81.15, a new subdivision 81.16, a new subdivision 81.18, and a new subdivision 81.21 adopted in lieu thereof to read as follows:

4. It is ordered that effective January 1, 2017, subdivision 83.05 and subdivision 83.06 of Rule 83 be and the same are hereby repealed and a new subdivision 83.05 and a new subdivision 83.06 adopted in lieu thereof to read as follows:

5. It is ordered that effective January 1, 2017, subdivision 84.01, subdivision 84.04, subdivision 84.05, subdivision 84.06, subdivision 84.08, subdivision 84.11, subdivision 84.17, subdivision 84.24, and subdivision 84.25 of Rule 84 be and the same are hereby repealed and a new subdivision 84.01, a new subdivision 84.04, a new subdivision 84.05, a new subdivision 84.06, a new subdivision 84.08, a new subdivision 84.17, and a new subdivision 84.24 adopted in lieu thereof to read as follows:
(e) Argument. The argument shall substantially follow the order of "Points Relied On." The point relied on shall be restated at the beginning of the section of the argument discussing that point. The argument shall be limited to those errors included in the "Points Relied On." For each claim of error, the argument shall also include a concise statement describing whether the error was preserved for appellate review; if so, how it was preserved; and the applicable standard of review. If a point relates to the giving, refusal or modification of an instruction, such instruction shall be set forth in full in the argument portion of the brief. Long quotations from cases and long lists of citations should not be included. All factual assertions in the argument shall have specific page references to the relevant portion of the record on appeal, i.e., legal file, transcript, or exhibits. If the matter cited is contained in the appendix, a page reference to the appendix shall be included.
(f) Respondent's Brief. The respondent's brief shall include a detailed table of contents, a detailed table of authorities, and an argument in conformity with this Rule 84.04.
If the respondent is dissatisfied with the accuracy or completeness of the jurisdictional statement or statement of facts in the appellant's brief, the respondent's brief may include a jurisdictional statement or statement of facts.The argument portion of the respondent's brief shall contain headings identifying the points relied on contained in the appellant's brief to which each such argument responds. The respondent's brief may also include additional arguments in support of the judgment that are not raised by the points relied on in the appellant's brief.

6. It is ordered that effective January 1, 2017, subdivision 103.10, subdivision 103.11, and subdivision 103.12 of Rule 103 be and the same are hereby repealed and a new subdivision 103.10 adopted in lieu thereof to read as follows:


7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.

8. It is ordered that this order be published in the South Western Reporter.

Day - to - Day

____________________________
PATRICIA BRECKENRIDGE
Chief Justice
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