Supreme Court of Missouri
en banc
June 29, 2018
Effective January 1, 2019
Effective January 1, 2019
In re:
(1) Repeal of subdivision 81.18, entitled "Format of Documents," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.18, entitled "Format of Documents."
(2) Repeal of subdivision 84.06, entitled "Form of Briefs," of Rule 84, entitled "Procedure in all Appellate Courts," and in lieu thereof adoption of a new subdivision 84.06, entitled "Form of Briefs."
ORDER
1. It is ordered that effective January 1, 2019, subdivision 81.18 of Rule 81 be and the same is hereby repealed and a new subdivision 81.18 adopted in lieu thereof to read as follows:
81.18 FORMAT OF DOCUMENTS
(a) Briefs filed in the appellate courts shall conform to the requirements of Rule 84.06. Transcripts filed in the appellate courts shall conform to the requirements of Rule 81.12.
(b) Except as provided by local court rules, all other documents shall conform to the following provisions:
(c) The following documents shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing:
(a) Briefs filed in the appellate courts shall conform to the requirements of Rule 84.06. Transcripts filed in the appellate courts shall conform to the requirements of Rule 81.12.
(b) Except as provided by local court rules, all other documents shall conform to the following provisions:
(1) Documents shall be legible, formatted for pages of size 8 1/2 X 11 inches, and have all pages, including the cover page, consecutively paginated using Arabic numerals at the bottom.
(2) Documents shall have a left, right, top and bottom margin of not less than one inch and shall have line spacing not less than 1.5, except that the following may be single-spaced: the caption; headings; quotations more than two lines long; footnotes; certificate of service; and signature block. Page numbers may appear in the bottom margin, but no other text may appear in the margins.
(3) The font, including footnotes, shall not be smaller than 13 point, Times New Roman.
(2) Documents shall have a left, right, top and bottom margin of not less than one inch and shall have line spacing not less than 1.5, except that the following may be single-spaced: the caption; headings; quotations more than two lines long; footnotes; certificate of service; and signature block. Page numbers may appear in the bottom margin, but no other text may appear in the margins.
(3) The font, including footnotes, shall not be smaller than 13 point, Times New Roman.
(c) The following documents shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing:
(1) Applications and Motions;
(2) Suggestions;
(3) Briefs;
(4) Petitions for a Writ; and
(5) Answers and Returns to a Writ.
(2) Suggestions;
(3) Briefs;
(4) Petitions for a Writ; and
(5) Answers and Returns to a Writ.
2 It is ordered that effective January 1, 2019, subdivision 84.06 of Rule 84 be and the same is hereby repealed and a new subdivision 84.06adopted in lieu thereof to read as follows:
84.06 FORM OF BRIEFS
(a) Size – Type – Form. A brief shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing. The brief shall:
(b) Length. Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed 31,000 words. Respondent's brief shall not exceed 27,900 words; Appellant's reply brief shall not exceed 7,750 words.
All material contained in the brief except the cover, any certificate required by Rule 84.06(c), signature block, and appendix count toward the word limitations.
(c) Certification. A brief submitted under this Rule 84.06 shall contain a certificate of compliance by the lawyer or self-represented person that:
(a) Size – Type – Form. A brief shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing. The brief shall:
(1) Be formatted for pages of size 8 1/2 X 11 inches;
(2) Have a left, right, top and bottom margin of not less than one inch. Page numbers shall appear in the bottom margin, but no other text may appear in the margins;
(3) Have all pages, including the cover page, consecutively paginated using Arabic numerals;
(4) All briefs must be in a font, including footnotes, that is not smaller than 13 point, Times New Roman; and
(5) Have line spacing not less than 1.5, except that the following may be single-spaced: the cover; headings; quotations more than two lines long; footnotes; certificate required by Rule 84.06(c); and signature block.
(2) Have a left, right, top and bottom margin of not less than one inch. Page numbers shall appear in the bottom margin, but no other text may appear in the margins;
(3) Have all pages, including the cover page, consecutively paginated using Arabic numerals;
(4) All briefs must be in a font, including footnotes, that is not smaller than 13 point, Times New Roman; and
(5) Have line spacing not less than 1.5, except that the following may be single-spaced: the cover; headings; quotations more than two lines long; footnotes; certificate required by Rule 84.06(c); and signature block.
(b) Length. Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed 31,000 words. Respondent's brief shall not exceed 27,900 words; Appellant's reply brief shall not exceed 7,750 words.
All material contained in the brief except the cover, any certificate required by Rule 84.06(c), signature block, and appendix count toward the word limitations.
(c) Certification. A brief submitted under this Rule 84.06 shall contain a certificate of compliance by the lawyer or self-represented person that:
(1) Includes the information required by Rule 55.03;
(2) Includes information as to how the brief was served on the opposing party, whether pursuant to Rule 43.01(c) or Rule 103.08;
(3) States that the brief complies with the limitations contained in Rule 84.06(b); and
(4) States the number of words in the brief.
(2) Includes information as to how the brief was served on the opposing party, whether pursuant to Rule 43.01(c) or Rule 103.08;
(3) States that the brief complies with the limitations contained in Rule 84.06(b); and
(4) States the number of words in the brief.
The person preparing the certificate may rely on the word count of the word-processing system used to prepare the brief.
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
________________________________
ZEL M. FISCHER
Chief Justice
________________________________
ZEL M. FISCHER
Chief Justice