Supreme Court of Missouri
en banc
August 15, 2023
Effective July 1, 2024
In re:
(1) Repeal of subdivision 30.005, entitled "Filing in and Notice from Appellate Courts;" subdivision 30.006, entitled "Service of Filings in Appellate Courts;" subdivision 30.07, entitled "Service of Briefs on Attorney General;" and subdivision (a) of subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment - Notices," of Rule 30, entitled "Appellate Procedure in All Criminal Cases – A. Criminal Proceedings Pending Before a Circuit Judge," and in lieu thereof adoption of a new subdivision 30.005, entitled "Filing in and Notice from Appellate Courts;" a new subdivision 30.006, entitled "Service of Filings in Appellate Courts;" a new subdivision 30.07, entitled "Service of Briefs on Attorney General;" and a new subdivision (a) of subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment – Notices."
(2) Repeal of subdivision 41.07, entitled "Pleadings and Papers – Size – Form – Recycled Paper," of Rule 41, entitled "General."
(3) Repeal of subdivision 55.02, entitled "Caption of Pleading – What Set Forth," and subdivision 55.26, entitled "Motions, Form of," of Rule 55, entitled "Pleadings, Motions, and Hearings," and in lieu thereof adoption of a new subdivision 55.02, entitled "Caption of Pleading – What Set Forth," and a new subdivision 55.26, entitled "Motions, Form of."
(4) Repeal of subdivisions 81.005, entitled "Filing in and Notice from Appellate Courts," and subdivision 81.006, entitled "Service of Filings in Appellate Courts," of Rule 81, entitled, "Appeals," and in lieu thereof adoption of a new subdivision 84.025, entitled "Filing in and Notice from Appellate Courts," and a new subdivision 84.026, entitled "Service of Filings in Appellate Courts" of Rule 84, entitled "Procedure in All Appellate Courts."
(5) Repeal of subdivision (d) of subdivision 81.12, entitled "Record on Appeal," of Rule 81, entitled, "Appeals," and in lieu thereof adoption of a new subdivision (d) of subdivision 81.12, entitled "Record on Appeal."
(6) Repeal of subdivision (h) of subdivision 83.05, entitled "Application – Form – Contents," and in lieu thereof adoption of a new subdivision (h) of subdivision 83.05, entitled "Application – Form – Contents."
ORDER
1. It is ordered that, effective July 1, 2024, subdivisions 30.005, 30.006, 30.07, and 30.14(a) of Rule 30 be and the same are hereby repealed and new subdivisions 30.005, 30.006, 30.07, and 30.14(a) are adopted in lieu thereof to read as follows:
30.005 | FILING IN AND NOTICE FROM APPELLATE COURTS
The filing of documents in this Court and the court of appeals and notices from the court shall be as provided in Rule 84.025.
30.006| SERVICE OF FILINGS IN APPELLATE COURTS
Service of all filings in this Court and the court of appeals shall be as provided in Rule 84.026.
30.07| SERVICE OF BRIEFS ON ATTORNEY GENERAL
Briefs in felony cases shall be served on the attorney general as provided in Rule 84.026.
30.14 | INVOLUNTARY DISMISSAL OF APPEAL – AFFIRMANCE OF JUDGMENT – NOTICES
(a) After the timely filing of a notice of appeal, if the appellant fails to take the further steps required to secure review of the appeal within the periods of time allowed or as extended pursuant to this Rule 30, the clerk shall place the case on a dismissal docket. When the case is placed on the dismissal docket, notice shall be given as provided by Rule 84.025; in addition, the appellant shall be given personal notice by registered or certified mail. The notice shall state that the appeal will be dismissed unless the appellant remedies the default prior to a specified date. The date shall not be less than 15 days from the date of the notice. If the default is not remedied by that date, an order of dismissal shall be entered.
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2. It is ordered that, effective July 1, 2024, subdivision 41.07 of Rule 41 be and the same is hereby repealed.
41.07 | [REPEALED]
3. It is ordered that, effective July 1, 2024, subdivisions 55.02 and 55.26 of Rule 55 be and the same are hereby repealed and new subdivisions 55.02 and 55.26 are adopted in lieu thereof to read as follows:
55.02 | CAPTION OF PLEADING – WHAT SET FORTH
(a) Every pleading, motion, and other filing shall contain a caption setting forth the name of the court, the title of the civil action, the file number and a designation as in Rule 55.01. In the petition, the title of the civil action shall include the names of all the parties, but in all other filings, it is sufficient to state the name of the first party on each side with an appropriate indication that there are additional parties.
(b) All pleadings, motions, and other filings shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing, and 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.
(c) Format and Filing of Paper Documents by Parties Ineligible to File Documents Through the Electronic Filing System - Generally. Documents filed on paper shall conform to the following provisions:
(1) Documents shall be printed on one side of paper, size 8 1/2 X 11 inches;
(2) Documents shall be secured by affixing a temporary binding such as a rubber band or a binder clip but not with adhesive tape, staples, spiral binding, or edge sealing products; and
(3) An exhibit may be on paper larger than size 8 1/2 X 11 inches.
55.26 | MOTIONS, FORM OF
An application to the court for an order shall be by motion that, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The provisions of other rules related to matters of form of pleading apply to all motions and other filings provided for by these Rules. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
4. It is ordered that, effective July 1, 2024, subdivisions 81.005 and 81.006 of Rule 81 be and the same are hereby repealed and new subdivisions 84.025 and 84.026 of Rule 84 are adopted in lieu thereof to read as follows:
81.005 | [REPEALED]
81.006 | [REPEALED]
84.025 FILING IN AND NOTICE FROM APPELLATE COURTS
(a) Electronic Filing. Except as otherwise specifically provided, this Court and the court of appeals require most documents to be electronically filed. Rule 103 and Court Operating Rule 27 govern the electronic filing of documents and apply if there is a conflict with any other Rule. When filing a document in an appellate court, Rule 103 and Court Operating Rule 27 should be reviewed as well as the local rules of the court in which the document is to be filed. If a document is filed electronically, no paper copies are required to be filed except as provided by local court rule.
(b) Paper Filing. Those who are ineligible to file documents electronically shall comply with all provisions of Rules 81 to 84 except the documents shall be filed in paper form with the clerk's office and shall comply with Rule 81.21 as to format.
(c) Notice. Any notice from the court shall be made to the registered users through the electronic filing system and to all others as provided in Rule 43.01.
84.026 | SERVICE OF FILINGS IN APPELLATE COURTS
(a) Initial Filings. The electronic filing system does not serve the initial filings on parties. For any new case filed in the electronic filing system in this Court or the court of appeals, including but not limited to initial filings pursuant to Rules 81.07, 83.01, 83.04, 84.035, and 84.24, service of the initially filed documents shall be made pursuant to Rule 43.01 with a certificate of service.
(b) Subsequent Filings. For filings on an existing case, registered users serve and receive service of all filings through the electronic filing system; no additional service or certificate of service is required.
(c) Parties Ineligible to Use the Electronic Filing System. If any party is ineligible to file documents through the electronic filing system, service after the initial filing shall be made as follows:
(1) Each registered user shall serve documents as provided by Rule 43.01 on every ineligible party;
(2) Each ineligible party shall serve documents as provided by Rule 43.01 on every party not represented by an attorney. Service of the documents need not be made on parties represented by an attorney; the notice generated by the electronic filing system shall constitute service on such parties.
5. It is ordered that, effective July 1, 2024, subdivision (d) of subdivision 81.12 of Rule 81 be and the same is hereby repealed and new subdivision (d) of subdivision 81.12 is adopted in lieu thereof to read as follows:
81.12 | RECORD ON APPEAL
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(d) Record on Appeal When and Where Filed and Served. Within the time prescribed by Rule 81.19, the appellant shall cause the record on appeal to be prepared in accordance with the provisions of this Rule 81 and to be filed with the clerk of the proper appellate court.
A copy of the record on appeal shall not be filed with the trial court except upon court order or as provided in Rule 30.04. The record on appeal or any part thereof, prepared in accordance with this rule, shall be filed by the clerk of the appellate court without need for the parties to approve it. The filing of the legal file and transcript shall not operate as a waiver by the filing party of the right to dispute the correctness thereof as provided in Rule 81.15.
Service shall be in accordance with Rule 84.026. The copy of the legal file prepared as provided in Rule 81.12(b)(1), served on a party ineligible to file documents through the electronic filing system, shall include the legal file index and copies of all hyperlinked documents listed therein, bearing the system-generated appeal document number and page number.
6. It is ordered that, effective July 1, 2024, subdivision (h) of subdivision 83.05 of Rule 83 be and the same is hereby repealed and new subdivision (h) of subdivision 83.05 is adopted in lieu thereof to read as follows:
83.05 | APPLICATION – FORM – CONTENTS
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(h) All parties shall be served pursuant to Rule 84.026 with a copy of any application for transfer on or before the date of filing.
7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
8. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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MARY R. RUSSELL
Chief Justice