May 4, 2021

Effective November 4, 2021

In re:

(1) Repeal of subdivisions (g) and (j) of subdivision 24.035, entitled "Conviction After Guilty Plea – Correction," of Rule 24, entitled "Misdemeanors or Felonies – Arraignment and Proceedings Before Trial," and in lieu thereof adoption of new subdivisions (g) and (j) of subdivision 24.035, entitled "Conviction After Guilty Plea – Correction."

(2) Repeal of subdivisions (g) and (j) of subdivision 29.15, entitled "Conviction After Trial – Correction," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of new subdivisions (g) and (j) of subdivision 29.15, entitled "Conviction After Trial – Correction." 

1.  It is ordered that effective November 4, 2021, subdivisions (g) and (j) of subdivision 24.035 of Rule 24 be and the same are hereby repealed and new subdivisions (g) and (j) of subdivision 24.035 adopted in lieu thereof to read as follows:

24.035  CONVICTION AFTER GUILTY PLEA – CORRECTION

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(g) Amended Motion - Form, Time for Filing - Response by Prosecutor. Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se motion. All claims shall be included within the same body and text of the amended motion. 

If no appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion or statement in lieu of an amended motion shall be filed within 120 days of the earlier of the date both a complete transcript consisting of the guilty plea and sentencing hearing has been filed in the trial court and: 

(1) Counsel is appointed, or 

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

If an appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion or statement in lieu of an amended motion shall be filed within 120 days of the earlier of the date both the mandate of the appellate court is issued and:

(1) Counsel is appointed, or 

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant. 

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(j) Findings and Conclusions - Judgment. Whether or not a hearing is held, the court shall issue findings of fact and conclusions of law on all issues presented, including the timeliness of the pro se motion, the timeliness of the amended motion, and, when applicable, whether movant was abandoned by postconviction counsel. Rule 78.07(c) shall apply to these proceedings. If the court finds that the judgment was rendered without jurisdiction, that the sentence imposed was illegal, or that there was a denial or infringement of the rights given movant by the constitution of Missouri or the constitution of the United States as to render the judgment subject to collateral attack, the court shall vacate and set aside the judgment and shall discharge the movant or resentence the movant or order a new trial or correct the judgment and sentence as appropriate.

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2.  It is ordered that effective November 4, 2021, subdivisions (g) and (j) of subdivision 29.15 of Rule 29 be and the same are hereby repealed and new subdivisions (g) and (j) of subdivision 29.15 adopted in lieu thereof to read as follows:

29.15  CONVICTION AFTER TRIAL – CORRECTION

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(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

If an appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion or statement in lieu of an amended motion shall be filed within 120 days of the earlier of the date both the mandate of the appellate court is issued and: 

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(j) Findings and Conclusions – Judgment. Whether or not a hearing is held, the court shall issue findings of fact and conclusions of law on all issues presented, including the timeliness of the pro se motion, the timeliness of the amended motion, and, when applicable, whether movant was abandoned by postconviction counsel. Rule 78.07(c) shall apply to these proceedings. If the court finds that the judgment was rendered without jurisdiction, that the sentence imposed was illegal, or that there was a denial or infringement of the rights given movant by the constitution of Missouri or the constitution of the United States as to render the judgment subject to collateral attack, the court shall vacate and set aside the judgment and shall discharge the movant or resentence the movant or order a new trial or correct the judgment and sentence as appropriate.

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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.