Supreme Court of Missouri
en banc
December 31, 2019
Effective July 1, 2020
Effective July 1, 2020
In re:
(1) Adoption of a new subdivision 74.80, entitled "Actions Filed Pursuant to Chapter 535 – Itemization of Damages in Judgment," of Rule 74, entitled "Judgments, Orders and Proceedings Thereon."
(2) Adoption of a new form pursuant to Rule 74.80, entitled "Itemization of Judgment."
(3) Repeal of subdivision 103.08, entitled "Service," and subdivision 103.09, entitled "Notice of Entry of Orders and Judgments" of Rule 103, entitled "Electronic Filing," and in lieu thereof adoption of a new subdivision 103.08, entitled "Service," and a new subdivision 103.09, entitled "Notice of Entry of Orders and Judgments."
ORDER
1. It is ordered that effective July 1, 2020, subdivision 74.80 of Rule 74 be and the same is hereby adopted to read as follows:
74.80 ACTIONS FILED PURSUANT TO CHAPTER 535 – ITEMIZATION OF DAMAGES IN JUDGMENT
(a) In any action filed pursuant to Chapter 535, a judgment or proposed judgment, whether taken by consent, default, or on the merits, shall itemize the award of all rent, interest, late fees, attorney fees, and any other monetary amounts awarded by the judgment. The itemization of judgment must be set forth in the form appended to this rule, or in a substantially similar form.
(b) No execution shall issue on a judgment that does not comply with this rule.
(a) In any action filed pursuant to Chapter 535, a judgment or proposed judgment, whether taken by consent, default, or on the merits, shall itemize the award of all rent, interest, late fees, attorney fees, and any other monetary amounts awarded by the judgment. The itemization of judgment must be set forth in the form appended to this rule, or in a substantially similar form.
(b) No execution shall issue on a judgment that does not comply with this rule.
2. It is ordered that effective July 1, 2020, a new form pursuant to Rule 74.80, entitled "Itemization of Judgment," be and the same is hereby adopted to read as attached.
3. It is ordered that effective July 1, 2020, subdivision 103.08 and subdivision 103.09 of Rule 103 be and the same are hereby repealed and a new subdivision 103.08 and a new subdivision 103.09 are adopted in lieu thereof to read as follows:
103.08 SERVICE
(a) Service shall be made to registered users through the electronic filing system and to all others as provided in Rule 43.01(c). Service by the electronic filing system is complete upon transmission except that, for the purposes of calculating the time for filing a response, a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m., shall be considered complete on the next day that is not a Saturday, Sunday, or a legal holiday.
(b) Provided, however, no electronic notice shall be generated or issued by the electronic filing system for service upon a registered user or upon any other person through any other type of electronic notification service (e.g., Track this Case) upon the filing of an application or request for, or the issuance of, an execution under Rule 76.01 or a writ of garnishment under Rule 90.02.
(a) Service shall be made to registered users through the electronic filing system and to all others as provided in Rule 43.01(c). Service by the electronic filing system is complete upon transmission except that, for the purposes of calculating the time for filing a response, a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m., shall be considered complete on the next day that is not a Saturday, Sunday, or a legal holiday.
(b) Provided, however, no electronic notice shall be generated or issued by the electronic filing system for service upon a registered user or upon any other person through any other type of electronic notification service (e.g., Track this Case) upon the filing of an application or request for, or the issuance of, an execution under Rule 76.01 or a writ of garnishment under Rule 90.02.
103.09 NOTICE OF ENTRY OF ORDERS AND JUDGMENTS
(a) Any notice from the court, including notice to the parties pursuant to Rule 74.03 or permitted by Rule 43.01(h), shall be made to the registered users through the electronic filing system and to all others as provided in Rule 43.01.
(b) Provided, however, no electronic notice shall be generated or issued by the electronic filing system for service upon a registered user or upon any other person through any other type of electronic notification service (e.g., Track this Case) upon the filing of an application or request for, or the issuance of, an execution under Rule 76.01 or a writ of garnishment under Rule 90.02.
(a) Any notice from the court, including notice to the parties pursuant to Rule 74.03 or permitted by Rule 43.01(h), shall be made to the registered users through the electronic filing system and to all others as provided in Rule 43.01.
(b) Provided, however, no electronic notice shall be generated or issued by the electronic filing system for service upon a registered user or upon any other person through any other type of electronic notification service (e.g., Track this Case) upon the filing of an application or request for, or the issuance of, an execution under Rule 76.01 or a writ of garnishment under Rule 90.02.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice