Supreme Court of Missouri
en banc

 
In re:
 
(1) Repeal of subdivision 24.035(b), entitled "Form of Motion – Cost Deposit Not Required – Time to File – Failure to File, Effect of," and subdivision 24.035(c), entitled "Clerk's Duties," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivision 24.035(b), entitled "Form of Motion – Cost Deposit Not Required – Time to File – Failure to File, Effect of," and a new subdivision 24.035(c), entitled "Clerk's Duties."
 
(2) Repeal of subdivision 29.15(b), entitled "Form of Motion – Cost Deposit Not Required – Time to File – Failure to File, Effect of," and subdivision 29.15(c), entitled "Clerk's Duties," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of a new subdivision 29.15(b), entitled "Form of Motion – Cost Deposit Not Required – Time to File – Failure to File, Effect of," and a new subdivision 29.15(c), entitled "Clerk's Duties."

 
1.  It is ordered that effective July 1, 2017, subdivision 24.035(b) and subdivision 24.035(c) of Rule 24 be and the same are hereby repealed and a new subdivision 24.035(b) and a new subdivision 24.035(c) adopted in lieu thereof to read as follows:

24.035  CONVICTION AFTER GUILTY PLEA -- CORRECTION
 
 
(b) Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of. A person seeking relief pursuant to this Rule 24.035 shall file a motion to vacate, set aside or correct the judgment or sentence substantially in the form of Criminal Procedure Form No. 40.
 
No cost deposit shall be required.
 
If an appeal of the judgment or sentence sought to be vacated, set aside or corrected was taken, the motion shall be filed within 90 days after the date the mandate of the appellate court is issued affirming such judgment or sentence.
 
If no appeal of such judgment or sentence was taken, the motion shall be filed within 180 days of the date the person is delivered to the custody of the department of corrections.
 
If:
 
(1) An appeal of such judgment or sentence is taken;
 
(2) The appellate court remands the case resulting in entry of a new judgment or sentence; and
 
(3) An appeal of the new judgment or sentence is taken, the motion shall be filed within 90 days after the date the mandate of the appellate court is issued affirming the new judgment or sentence.
 
If no appeal of such new judgment or sentence is taken, the motion shall be filed within 180 days of the later of:
 
(1) The date the person is delivered to the custody of the department of corrections; or
 
(2) The date the new judgment or sentence was final for purposes of appeal.
 
If the motion is sent to the sentencing court by first-class United States Mail and is addressed correctly with sufficient postage and deposited in the mail on or before the last day for filing the motion, the motion shall be deemed to be filed timely.  A legible postmark affixed by the United States Postal Service shall be prima facie evidence of the date of the filing of the motion.  Failure to file a motion within the time provided by this Rule 24.035 shall constitute a complete waiver of any right to proceed under this Rule 24.035 and a complete waiver of any claim that could be raised in a motion filed pursuant to this Rule 24.035.
 
(c) Clerk's Duties. Movant shall file the motion and two copies thereof with the clerk of the trial court.  The clerk shall file stamp the motion on the date it is received and retain in the court file the envelope in which the motion was sent.  The clerk shall immediately deliver a copy of the motion to the prosecutor. Upon receipt of the motion, the clerk shall notify the sentencing judge and shall notify the court reporter to prepare and file the complete transcript of the movant's guilty plea and sentencing hearing if the transcript has not yet been prepared or filed. If the motion is filed by an indigent pro se movant, the clerk shall forthwith send a copy of the motion to the counsel who is appointed to represent the movant.
 

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

29.15  CONVICTION AFTER TRIAL -- CORRECTION

 
(b) Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of. A person seeking relief pursuant to this Rule 29.15 shall file a motion to vacate, set aside or correct the judgment or sentence substantially in the form of Criminal Procedure Form No. 40.
 
No cost deposit shall be required.
 
If an appeal of the judgment or sentence sought to be vacated, set aside or corrected was taken, the motion shall be filed within 90 days after the date the mandate of the appellate court is issued affirming such judgment or sentence.
 
If no appeal of such judgment or sentence was taken, the motion shall be filed within 180 days of the date the person is delivered to the custody of the department of corrections.
 
If:
 
(1) An appeal of such judgment or sentence is taken;
 
(2) The appellate court remands the case resulting in entry of a new judgment or sentence; and
 
(3) An appeal of the new judgment or sentence is taken, the motion shall be filed within 90 days after the date the mandate of the appellate court is issued affirming the new judgment or sentence.
 
If no appeal of such new judgment or sentence is taken, the motion shall be filed within 180 days of the later of:
 
(1) The date the person is delivered to the custody of the department of corrections; or
 
(2) The date the new judgment or sentence was final for purposes of appeal.
 
If the motion is sent to the sentencing court by first-class United States Mail and is addressed correctly with sufficient postage and deposited in the mail on or before the last day for filing the motion, the motion shall be deemed to be filed timely.  A legible postmark affixed by the United States postal Service shall be prima facie evidence of the date of the filing of the motion.  Failure to file a motion within the time provided by this Rule 29.15 shall constitute a complete waiver of any right to proceed under this Rule 29.15 and a complete waiver of any claim that could be raised in a motion filed pursuant to this Rule 29.15.
 
(c) Clerk's Duties. Movant shall file the motion and two copies thereof with the clerk of the trial court.   The clerk shall file stamp the motion on the date it is received and retain in the court file the envelope in which the motion was sent.  The clerk shall immediately deliver a copy of the motion to the prosecutor. Upon receipt of the motion, the clerk shall notify the sentencing judge and shall notify the court reporter to prepare and file the complete transcript of the trial if the transcript has not yet been prepared or filed. If the motion is filed by an indigent pro se movant, the clerk shall forthwith send a copy of the motion to the counsel who is appointed to represent the movant.
 

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

___________________________
PATRICIA BRECKENRIDGE
Chief Justice