Supreme Court of Missouri
en banc
June 28, 2016
Effective January 1, 2017
In re:
Repeal of subdivision 43.02, entitled "Filing of Pleadings and Other Papers," of Rule 43, entitled "Service and Filing of Pleadings and Papers," and in lieu thereof adoption of a new subdivision 43.02, entitled "Filing of Pleadings and Other Papers."
ORDER
1. It is ordered that effective January 1, 2017, subdivision 43.02 of Rule 43 be and the same is hereby repealed and a new subdivision 43.02 adopted in lieu thereof to read as follows:
43.02 Filing of Pleadings and Other Papers
(a) Filing - When Required. All papers after the petition required to be served upon a party and filed with the court shall be filed either before service or within five days thereafter.
(b) Filing With the Court - Defined. The filing of pleadings and other papers with the court as required by Rules 41 through 101 shall be made by filing them with the clerk of the court, except that a judge may permit the papers to be filed with the judge, who shall note thereon the filing date and forthwith transmit them to the office of the clerk.
(c) Filing With the Court - Electronic Transmission. By local court rule that is consistent with Rule 103, a court, in cooperation with the office of the clerk of the court, may authorize the filing by electronic transmission of such motions, applications, orders, judgments, warrants, pleadings and the like as may be deemed desirable.
For purposes of the rule, electronic transmission shall mean facsimile transmission or e-mail.
If filing by electronic transmission is authorized by local rule, any pleading or other filing shall have the same effect as the filing of an original document, even though it may be required to be verified or submitted by affidavit. A facsimile or electronic signature shall have the same effect as an original signature.
The person filing a pleading or other filing by electronic transmission shall retain the signed filing and make it available upon order of the Court.
2. It is ordered that notice of this order be published in the Journal of the Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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PATRICIA BRECKENRIDGE
Chief Justice