Supreme Court of Missouri
en banc
September 29, 2020
Effective April 1, 2021
In re:
(1) Repeal of subdivision (a) of subdivision 51.06, entitled "Joint Application for Change of Venue and Change of Judge – When Required – Procedure," of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge," and in lieu thereof adoption of a new subdivision (a) of subdivision 51.06, entitled "Joint Application for Change of Venue and Change of Judge – When Required – Procedure."
(2) Repeal of subdivision (b)(1) of subdivision 57.03, entitled "Depositions Upon Oral Examination," of Rule 57, entitled "Interrogatories and Depositions," and in lieu thereof adoption of a new subdivision (b)(1) of subdivision 57.03, entitled "Depositions Upon Oral Examination."
(3) Repeal of subdivision (e) of subdivision 69.025, entitled "Juror Nondisclosure," of Rule 69, entitled "Trial by Jury," and in lieu thereof adoption of a new subdivision (e) of subdivision 69.025, entitled "Juror Nondisclosure."
ORDER
1. It is ordered that effective April 1, 2021, subdivision 51.06(a) be and the same is hereby repealed and a new subdivision 51.06(a) is adopted in lieu thereof to read as follows:
51.06 JOINT APPLICATION FOR CHANGE OF VENUE AND CHANGE OF JUDGE – WHEN REQUIRED – PROCEDURE
(a) If a party requests and obtains either a change of venue or a change of judge, that party shall not be granted any additional change thereafter except for cause or under Rule 51.07. A party who desires both a change of venue and change of judge must join and present both in a single application provided the trial judge has been designated.
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2. It is ordered that effective April 1, 2021, subdivision 57.03(b)(1) be and the same is hereby repealed and a new subdivision 57.03(b)(1) is adopted in lieu thereof to read as follows:
57.03. DEPOSITIONS UPON ORAL EXAMINATION
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(b) Notice of Examination: General Requirements; Special Notice; Production of Documents and Things; Deposition of Organization.
(1) A party desiring to take the deposition of any person upon oral examination shall give not less than seven days notice in writing to every other party to the action and to a non-party deponent.
The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known. If the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs shall be stated.
If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.
The parties may stipulate, or the court may upon motion order, that the deposition be taken by telephone or other remote means such as videoconferencing or teleconferencing. An officer authorized to administer any oath or affirmation required can so administer the oath or affirmation through such means without being in the physical presence of the witness.
Any attorney of record in the proceeding or any attorney for the deponent may participate in the deposition by telephone or other remote means, including videoconferencing or teleconferencing, but it shall be the sole responsibility of the attorney to make such arrangements as are necessary to so participate in the deposition.
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3. It is ordered that effective April 1, 2021, subdivision 69.025(e) be and the same is hereby repealed and a new subdivision 69.025(e) is adopted in lieu thereof to read as follows:
69.025 JUROR NONDISCLOSURE
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(e) Waiver. A party waives the right to seek relief based on juror nondisclosure of information that would be readily apparent from a reasonable investigation unless the party does the following before the jury is sworn:
(1) Conducts a reasonable investigation; and
(2) Informs the court of the basis for believing that such nondisclosure has occurred.
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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