Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 24.035(g), entitled "Amended Motion – Form, Time for Filing – Response by Prosecutor," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivision 24.035(g), entitled "Amended Motion – Form, Time for Filing – Response by Prosecutor."

(2) Repeal of subdivision 29.15(g), entitled "Amended Motion – Form, Time for Filing – Response by Prosecutor," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of a new subdivision 29.15(g), entitled "Amended Motion – Form, Time for Filing – Response by Prosecutor."
1. It is ordered that effective January 1, 2017, subdivision 24.035(g) of Rule 24 be and the same is hereby repealed and a new subdivision 24.035(g) adopted in lieu thereof to read as follows:

24.035 CONVICTION AFTER GUILTY PLEA – CORRECTION

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(g) Amended Motion - Form, Time for Filing - Response by Prosecutor. Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se motion. All claims shall be included within the same body and text of the amended motion.

If no appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion shall be filed within 60 days of the earlier of the date both a complete transcript consisting of the guilty plea and sentencing hearing has been filed in the trial court and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

If an appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion shall be filed within 60 days of the earlier of the date both the mandate of the appellate court is issued and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

The court may extend the time for filing the amended motion for one additional period not to exceed 30 days.
Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.

2. It is ordered that effective January 1, 2017, subdivision 29.15(g) of Rule 29 be and the same is hereby repealed and a new subdivision 29.15(g) adopted in lieu thereof to read as follows:

29.15 CONVICTION AFTER TRIAL – CORRECTION


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(g) Amended Motion - Form, Time for Filing - Response by Prosecutor. Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se motion. All claims shall be included within the same body and text of the amended motion.

If no appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion shall be filed within 60 days of the earlier of the date both a complete transcript consisting of the guilty plea and sentencing hearing has been filed in the trial court and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

If an appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion shall be filed within 60 days of the earlier of the date both the mandate of the appellate court is issued and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

The court may extend the time for filing the amended motion for one additional period not to exceed 30 days.

Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.

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

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

Day – to – Day

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PATRICIA BRECKENRIDGE
Chief Justice