
Supreme Court of Missouri
en banc
March 7, 2023
Effective January 1, 2024
In re:
(1) Repeal of subdivision 19.09, entitled "Pleadings and Papers – Size – Form – Recycled Paper," of Rule 19, entitled "Infractions, Misdemeanors or Felonies – General," and in lieu thereof adoption of a new subdivision 19.09, entitled "Pleadings and Papers – Size – Form – Recycled Paper."
(2) Repeal of subdivision 41.07, entitled "Pleadings and Papers – Size – Form – Recycled Paper," of Rule 41, entitled "General," and in lieu thereof adoption of a new subdivision 41.07, entitled "Pleadings and Papers – Size – Form – Recycled Paper."
(3) Repeal of the subdivision 51.09, entitled "Clerk to Transmit File After Change of Venue," of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge," and in lieu thereof adoption of a new subdivision 51.09, entitled "Clerk to Transmit File After Change of Venue."
(4) Repeal of subdivisions (b)(2)(E) and (c)(4) of subdivision 81.12, entitled "Record on Appeal," and subdivision (e) of subdivision 81.21, entitled "Parties Ineligible to File Documents Through the Electronic Filing System," of Rule 81, entitled, "Appeals," and in lieu thereof adoption of new subdivisions (b)(2)(E) and (c)(4) of subdivision 81.12, entitled "Record on Appeal," and a new subdivision (e) of subdivision 81.21, entitled "Parties Ineligible to File Documents Through the Electronic Filing System."
(5) Repeal of subdivision 81.18, entitled "Format of Documents," of Rule 81, entitled "Appeals;" and in lieu thereof adoption of a new subdivision 84.03, entitled "Format of Documents," of Rule 84, entitled "Procedure in All Appellate Courts."
(6) Repeal of subdivision (f)(5) of subdivision 84.05, entitled "Briefs – When and by Whom Filed," and subdivisions (a) and (b) 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 (f)(5) of subdivision 84.05, entitled "Briefs – When and by Whom Filed," and new subdivisions (a) and (b) of subdivision 84.06, entitled "Form of Briefs."
(7) Repeal of subdivision (e) of subdivision 100.02, entitled "Review in Appellate Courts," of Rule 100, entitled "Judicial Review of Administrative Decisions," and in lieu thereof adoption of a new subdivision (e) of subdivision 100.02, entitled "Review in Appellate Courts."
ORDER
1. It is ordered that, effective January 1, 2024, subdivision 19.09 of Rule 19 be and
the same is hereby repealed and a new subdivision 19.09 is adopted in lieu thereof to read as follows:
19.09 PLEADINGS AND PAPERS – SIZE – FORM – RECYCLED PAPER
Appellate court briefs shall be prepared as provided in Rule 84.06.
Petitions, motions, transcripts and legal files shall comply with Rule 84.03.
All pleadings and other papers, except exhibits, offered for filing in any court and all forms used in any court, including opinions, shall be on paper of a size not larger than 8 1/2 X 11 inches.
An exhibit may be on paper larger than size 8 1/2 X 11 inches.
The use of recycled paper is acceptable and encouraged.
2. It is ordered that, effective January 1, 2024, subdivision 41.07 of Rule 41 be and the same is hereby repealed and a new subdivision 41.07 is adopted in lieu thereof to read as follows:
41.07 PLEADINGS AND PAPERS – SIZE – FORM – RECYCLED PAPER
Appellate court briefs shall be prepared as provided in Rule 84.06.
Petitions, motions, transcripts and legal files shall comply with Rule 84.03.
All pleadings and other papers, except exhibits, offered for filing in any court and all forms used in any court, including opinions, shall be on
paper of a size not larger than 8 1/2 X 11 inches.
An exhibit may be on paper larger than size 8 1/2 X 11 inches.
The use of recycled paper is acceptable and encouraged.
3. It is ordered that, effective January 1, 2024, subdivision 51.09 of Rule 51 be and the same is hereby repealed and a new subdivision 51.09 is adopted in lieu thereof to read as follows:
51.09 CLERK TO TRANSMIT FILE AFTER CHANGE OF VENUE
When any order of change of venue is made, the clerk shall forthwith transmit the electronic court file to the clerk of the court to which the removal is ordered.
4. It is ordered that, effective January 1, 2024, subdivisions (b)(2)(E) and (c)(4) of subdivision 81.12 and subdivision (e) of subdivision 81.21 of Rule 81 be and the same are hereby repealed and new subdivisions (b)(2)(E) and (c)(4) of subdivision 81.12 and a new subdivision (e) of subdivision 81.21 are adopted in lieu thereof to read as follows:
81.12 RECORD ON APPEAL
* * *
(b) Legal File. The appellant shall prepare the legal file. If the electronic filing system permits creation of a system-generated legal file as provided in Rule 81.12(b)(1) and Court Operating Rule 27.04, that method shall be used. If that method cannot be used, the legal file shall be prepared as provided in Rule 81.12(b)(2).
* * *
(2) Non-system Generated Legal File.
* * *
(E) Form – Index and Page Numbers. The legal file shall be so labeled with a cover page numbered as page 1. The documents in the legal file shall begin with a docket sheet or case record. The oldest document shall follow the docket sheet, with the remaining documents arranged in chronological order, ending with the notice of appeal. The pages of the legal file shall be numbered consecutively and shall contain a complete index at the front thereof designating the specific volumes and pages where the particular records, pleadings, motions, verdicts, judgment, orders, instructions, evidence, exhibits, and documentary evidence may be found. If the legal file exceeds one volume, a complete index shall be included at the beginning of each volume. The cover page and index to the legal file shall conform to the format requirements of Rule 84.03.
* * *
(c) Transcript.
* * *
(4) Form: Text Searchable PDF and Margins. The transcript shall be either typewritten or prepared using computer software and filed in a text searchable PDF format, except those filed by parties ineligible for electronic filing. It shall comply with the requirements of Rule 84.03 except that:
(A) There shall be no fewer than nine characters to the typed inch;
(B) It shall have a left margin of not less than one and one-fourth or more than one and three-fourths inches;
(C) It shall have a right margin of not more than three-eighths of an inch;
(D) There shall be no fewer than 25 typed lines per page; and
(E) Each question and answer shall begin no more than five spaces from the left margin, with no more than five spaces from the "Q" and "A" to the text. Carry-over questions and answers shall begin at the left margin.
* * *
81.21 PARTIES INELIGIBLE TO FILE DOCUMENTS THROUGH THE ELECTRONIC FILING SYSTEM
* * *
(e) Typewritten Documents. Any person unable to produce documents as provided by Rule 84.03 may file typewritten documents.
(1) A typewritten document shall:
(A) Use fixed space type not less than a ten pitch and ten characters to the inch; and
(B) Be double-spaced, except that the cover, certificate of service, and signature block may be single-spaced.
(2) If the typewritten document is a brief, it shall not exceed the following page limitations:
(A) Appellant's brief and all briefs in a cross appeal except the reply brief, 100 pages;
(B) Respondent's brief, 90 pages; and
(C) Reply brief, 25 pages.
5. It is ordered that, effective January 1, 2024, subdivision 81.18 of Rule 81 be and the same is hereby repealed and a new subdivision 84.03 of Rule 84 is adopted in lieu thereof to read as follows:
81.18 REPEALED
84.03 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 filed in
the appellate courts shall conform to the following provisions:
(1) Documents shall be legible, formatted for pages of size 8 ½ 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 or other certificates required by Rule 84.06(c); 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.
6. It is ordered that, effective January 1, 2024, subdivision (f)(5) of subdivision 84.05 and subdivisions (a) and (b) of subdivision 84.06 of Rule 84 be and the same are hereby repealed and a new subdivision (f)(5) of subdivision 84.05 and new subdivisions (a) and (b) of subdivision 84.06 are adopted in lieu thereof to read as follows:
84.05 BRIEFS – WHEN AND BY WHOM FILED
* * *
(f) Briefs and Suggestions of Amicus Curiae in This Court.
* * *
(5) All suggestions and briefs filed by amicus curiae shall conform with Rule 84.03 and Rule 84.06, respectively.
84.06 FORM OF BRIEFS
(a) Size – Type – Form. A brief shall conform to Rule 84.03(b) in addition to the requirements of this Rule.
(b) Length. Except as provided by local court rules, the length of briefs shall be as follows: 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.
* * *
7. It is ordered that, effective January 1, 2024, subdivision (e) of subdivision 100.02 of Rule 100 be and the same is hereby repealed and a new subdivision (e) of subdivision 100.02 is adopted in lieu thereof to read as follows:
100.02 REVIEW IN APPELLATE COURTS
* * *
(e) Record – Contents. The record shall consist of:
(1) A transcript of the testimony;
(2) Exhibits and relevant papers;
(3) Rulings, orders, decisions, findings of fact and conclusions of law issued by the agency.
Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed, and the pages numbered as provided in Rules 81.12 and 84.03.
* * *
8. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
9. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
_______________________
PAUL C. WILSON
Chief Justice