Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision (2) of subdivision 54.12(c), entitled "Service by Publication," of Rule 54, entitled "Issuance and Service of Summons or Other Process," and in lieu thereof adoption of a new subdivision (2) of subdivision 54.12(c), entitled "Service by Publication."

(2) Repeal of subdivision (b) of subdivision 78.07, entitled "After-trial Motion - Allegations of Error," of Rule 78, entitled "New Trials – After-trial Motions – Preservation of Error," and in lieu thereof adoption of a new subdivision (b) of subdivision 78.07, entitled "After-trial Motion - Allegations of Error."

(3) Repeal of subdivision (a) of subdivision 90.10, entitled "Discharge of Garnishee - Judgment in Garnishment," of Rule 90, entitled "Garnishments and Sequestration," and in lieu thereof adoption of a new subdivision (a) of subdivision 90.10, entitled "Discharge of Garnishee - Judgment in Garnishment."

(4) Correction of intersectional reference in Comment [5] to subdivision 4-1.13, entitled "Organization as Client," of Rule 4, entitled "Rules of Professional Conduct."

(5) Correction of intersectional references in paragraphs (f)(1)(D) and (f)(4) of Advisory Committee Regulation Re Rule 5.31.

(6) Correction of intersectional references in subdivision 100.02(e), entitled "Record – Contents," of Rule 100, entitled, "Judicial Review of Administrative Decisions."
1. It is ordered that effective July 1, 2017, subdivision 54.12(c)(2) of Rule 54 be and the same is are hereby repealed and a new subdivision 54.12(c)(2) adopted in lieu thereof to read as follows:

54.12 SERVICE - IN REM OR QUASI IN REM CIVIL ACTIONS


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(c) Service by Publication.

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(2) Such order shall issue when the party desiring service by publication files a statement verified by the party or by a person on behalf of the party stating:

(A) That one or more of the persons to be served are unborn or their names are unknown to the party desiring service by publication or facts showing with particularity that a reasonable effort was made to obtain service under Rule 54.12(b), Rule 54.13, Rule 54.14 or Rule 54.16, and

(B) The last known address of the party to be served or in lieu thereof a statement that said address is unknown.

It shall be sufficient to name or describe unborn or unknown parties as the heirs, grantees or successors of the person to whom the property to be affected was last known to have been transferred.

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2. It is ordered that effective July 1, 2017, that subdivision 78.07(b) of Rule 78 be and the same is are hereby repealed and a new subdivision 78.07(b) adopted in lieu thereof to read as follows:

78.07 AFTER-TRIAL MOTION - ALLEGATIONS OF ERROR REQUIRED


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(b) Except as otherwise provided in Rule 78.07(c), in cases tried without a jury or with an advisory jury, neither a motion for a new trial nor a motion to amend the judgment or opinion is necessary to preserve any matter for appellate review if the matter was previously presented to the trial court.

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3. It is ordered that effective July 1, 2017, that subdivision 90.10(a) of Rule 90 be and the same is are hereby repealed and a new subdivision 90.10(a) adopted in lieu thereof to read as follows:

90.10 DISCHARGE OF GARNISHEE - JUDGMENT IN GARNISHMENT


(a) If the garnishee admits in its answers to interrogatories that any property subject to garnishment is in the garnishee's possession, the garnishee, without further order of the court, shall pay or deliver such property into court or to the attorney for the party on whose behalf the order of garnishment was issued not later than ten days after the return date of the writ of garnishment or levy, or, in the case of a continuous wage garnishment, not later than ten days after the end of each pay period subject to the garnishment. Timely payment or delivery of such property into court or to the attorney for the party on whose behalf the order of garnishment was issued thereby discharges the garnishee from further liability on account of the property subject to garnishment so paid or delivered.

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4. It is ordered that the intersectional reference to Comment [5] to subdivision 4-1.13 be corrected from "Rule 4-1.2(d)" to "Rule 4-1.2(f)."

5. It is ordered that the intersectional references in paragraphs (f)(1)(D) and (f)(4) of Advisory Committee Regulation Re Rule 5.31 be corrected so that as corrected paragraphs (f)(1)(D) and (f)(4) of Advisory Committee Regulation Re Rule 5.31 shall read as follows:

5.31 RECORDS OF INVESTIGATIONS AND FORMAL PROCEEDINGS


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ADVISORY COMMITTEE REGULATION RE RULE 5.31

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(f) Technical

(1) Equipment Specifications. Equipment to be used pursuant to this regulation during disciplinary proceedings must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria, where applicable:

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(D) Other Equipment. No other electronic or digital equipment--whether a cellular telephone, iPhone or other smartphone, hand-held recorder, iPad or other tablet, laptop or other device that is capable of recording audio or video or of taking photographs--shall be permitted into a disciplinary hearing room except as designated in Regulation 5.31(f)(3).

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(4) Location of Equipment and Personnel. The equipment and operating personnel designated to provide the photographs, video and audio pursuant to Regulation 5.31(f)(3) shall be located in, and coverage of the proceedings shall take place from, an area or areas within the hearing room designated by the presiding officer. The area or areas designated shall provide reasonable access to the proceeding to be covered. The remainder of the media pool may be located in an auxiliary room, if one is available, although the hearing panel is not required to reject a facility because it will not allow for an auxiliary room for use by the media pool.

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6. It is ordered that the intersectional references in subdivision 100.02(e) of Rule 100 be corrected so that as corrected subdivision 100.02(e) shall read as follows:

100.02 REVIEW IN APPELLATE COURTS

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(e) Record - Contents. The record shall consist of:

(1) A transcript of the testimony;

(2) Exhibits and relevant papers;

(3) Rulings, orders, decisions, findings of fact and conclusions of law issued by the agency.

Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed, and the pages numbered as provided in Rules 81.12 and 81.18.

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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

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PATRICIA BRECKENRIDGE
Chief Justice