Rule 30 A | Criminal Proceedings Pending Before a Circuit Judge

First Adopted: May 19, 2016

Most Recently Effective: July 01, 2024

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

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.

(Adopted May 19, 2016, effective January 1, 2017. Amended August 15, 2023, effective July 1, 2024.)

First Adopted: May 19, 2016

Most Recently Effective: July 01, 2024

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

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.

(Adopted May 19, 2016, effective January 1, 2017. Amended August 15, 2023, effective July 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.01 | Right To and Manner of Appeal

(a) Right to Appeal. After the rendition of final judgment in a criminal case, every party shall be entitled to any appeal permitted by law. Appeals may be taken as provided in Rule 81.04 and Rule 81.08.

(b) Jointly or Separately. Codefendants may join in an appeal or any one or more of them may appeal separately.

(c) Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections. If a defendant appeals from a felony conviction or a petitioner or the state appeals from an order in a post-conviction proceeding, the clerk of the trial court shall serve the notice of appeal on the attorney general as prescribed by Rule 43.01. In any case where the death penalty has been imposed, notification of the filing of the notice of appeal shall also be sent to the director of the department of corrections.

Committee Note – 1980

Paragraph (a) is substantially the same as the first sentence of prior Rule 28.03 and prior Rule 28.04.

Paragraph (b) is the same as Rule 81.02 except for minor changes in language to reflect differences between civil and criminal cases.

Paragraph (c) is the same as the first sentence of Rule 81.03.

The first three sentences of paragraph (d) are the same as Rule 81.04(a). The last two sentences are the same as Rule 81.04(c) except for minor changes in language because of differences between civil and criminal cases.

Paragraph (e) is the same as Rule 81.08(a).

Paragraph (f) is the same as the first and third paragraphs of Rule 81.08(b) except for minor changes in language because of differences between civil and criminal cases.

The source of paragraph (g) i Rule 81.08(c).

Paragraph (h) is the same as Rule 81.08(d).

The first sentence of paragraph (i) is substantially the same as prior Rule 81.08(e). The second sentence of paragraph (i) is the same as the last sentence of prior Rule 28.03.

(Adopted Jun. 13, 1979, effective January 1, 1980. Amended March 29, 1983, effective January 1, 1984; amended May 15, 1984, effective October 1, 1984; amended September 30, 1985, effective July 1, 1986; amended June 23, 1987, effective January 1, 1988; amended June 16, 1989, effective January 1, 1990; amended May 27, 1999, effective January 1, 2000; amended June 17, 2004, effective January 1, 2005; amended June 21, 2005, effective January 1, 2006; amended June 28, 2011, effective January 1, 2012; amended May 19, 2016, effective January 1, 2017. )

First Adopted: June 13, 1979

Most Recently Effective: July 01, 1986

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.02 | Interlocutory Appeal by State

If the state is permitted by law to appeal an order or judgment that is not a final judgment, the appeal shall be prosecuted in the same manner as an appeal from a final judgment, except as follows:

(a) no such appeal shall be effective unless the notice of appeal shall be filed within the time provided by the statute authorizing the appeal;

(b) the record on appeal shall be filed in the appellate court within fifteen days after the notice of appeal is filed in the circuit court; and

(c) appellant's brief shall be filed within thirty days of the filing of the record on appeal; respondent's brief shall be filed within twenty days of the filing of the appellant's brief; and appellant's reply brief, if any, shall be filed within ten days of the filing of the respondent's brief.

Committee Note – 1980

This is substantially the same as prior Rule 28.04.

(Adopted June 13, 1979, effective January 1, 1980. Amended September 30, 1985, effective July 1, 1986.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.03 | Notice of Appeal Filed Out of Time – Special Order of Appellate Court

Where the defendant or the state has the right of appeal including appeals from an order in a post-conviction proceeding involving a prior felony conviction, but notice of appeal is not filed with the clerk of the trial court within ten days after the judgment becomes final, the defendant or the state may file a notice of appeal in the trial court if, within twelve months after the judgment becomes final, a motion for leave to file such notice is filed in the appropriate appellate court and it thereafter sustains the motion and grants such leave.

Such special order may be made by the appellate court, in its discretion, for good cause shown. The order shall specify the time within which the notice of appeal is to be filed in the trial court.

Committee Note – 1980

This is substantially the same as prior Rule 28.07.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.04 | Record on Appeal – Contents – Designation – Compiling, Ordering, and Filing – Errors, Omissions and Supplemental Record

(a) Contents of Record on Appeal. The record on appeal shall contain all of the record, proceedings, and evidence necessary to the determination of all questions to be presented by either appellant or respondent to the appellate court for decision. It is divided into two components; the legal file and the transcript.

(b) Legal File. The legal file shall be prepared as provided in Rule 81.12, except that the legal file shall always include, in chronological order: the indictment or information on which defendant was tried, defendant's arraignment or waiver thereof and plea, the fact of defendant's presence at the trial, the verdict, any motion for new trial or other after-trial motion, the court's rulings thereon, the fact that allocution was accorded defendant, the judgment and sentence, and the notice of appeal with its date of filing. The legal file shall be filed as provided in Rule 81.12.

(1) Duty of Appellant to Order the Transcript. Within 30 days after the notice of appeal is filed, the appellant shall order the transcript from the court reporter or from the clerk if there was no court reporter. The written order shall designate the portions of the proceedings and evidence not previously reduced to written form that are to be included in the transcript. A copy of the written order shall be filed with the appellate court.

(2) Form, Content, and Filing. The form, content, and filing of the transcript shall conform to Rule 81.12. In addition, a copy of the transcript shall be filed with the clerk of the trial court.

(3) Abbreviated or Partial Transcript. The parties may agree in writing upon an abbreviated or partial transcript of the record, proceedings, and evidence, with the evidence either in narrative form or in question and answer form.

(d) Supplementation and Correction. The legal file or transcript may be supplemented or corrected as provided by Rule 81.12.

(Adopted Jun. 13, 1979, effective January 1, 1980. Amended June 10, 1980, effective January, 1981; amended December 16, 1980, effective January 1, 1981; amended June 3, 1983, effective January 1, 1984; amended June 1, 1993, effective January 1, 1994; amended December 15, 2000, effective July 1, 2001; amended December 23, 2003, effective July 1, 2004; amended April 2, 2015, effective January 1, 2016; amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.05 | Exhibits – Record on Appeal

Exhibits shall be deposited as provided in to Rule 81.16.

Committee Note – 1980

This is the same as the first two paragraphs of Rule 81.15.

(Adopted June 13, 1979, effective January 1, 1980. Amended April 2, 2015, effective January 1, 2016; amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2018

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.06 | Briefs – Contents – Time for Service and Filing

(a) Form and Contents. The form and contents of the briefs shall contain the material prescribed by Rule 84.04 and Rule 84.06.

(b) Jurisdictional Statement. With respect to the jurisdictional statement required by Rule 84.04, bare recitals such as "This is a case wherein defendant received a life sentence" or other similar general statements or conclusions are insufficient and will not be accepted.

The following are examples of a sufficient statement:

"Appellant was convicted of first degree murder, section 565.020, RSMo, and was sentenced to imprisonment for life without eligibility for probation or parole" or "Appellant was convicted of murder in the second degree, section 365.021, RSMo, and was sentenced to imprisonment for life."

(d) Filing. The filing of briefs shall be as provided in Rule 84.05 and Rule 84.05 (b).

(Adopted June 13, 1979, effective January 1, 1980. Amended May 15, 1984, effective October 1, 1984; amended April 21, 1988, effective January 1, 1989; amended May 27, 1999, effective January 1, 2000; amended December 15, 2000, effective July 1, 2001; amended May 19, 2016, effective January 1, 2017; amended June 27, 2017, effective January 1, 2018.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2024

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

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.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 19, 2016, effective January 1, 2017; amended August 15, 2023, effective July 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.08 | Communications to Court

All motions, briefs, letters, or communications by any party or amicus curiae relating to a matter pending in the court must be addressed to the clerk as provided in Rule 84.20.

Committee Note – 1980

This is the same as Rule 84.20.

(Amended May 27, 1999, effective January 1, 2000. Amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1988

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.09 | [REPEALED]

[Repealed by order dated June 23, 1987, effective January 1, 1988.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.10 | Motions and Suggestions

The provisions of Rule 84.01 shall apply to motions and suggestions filed in the appellate court.

Committee Note – 1980

This is substantially the same as Rule 84.01.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.11 | Number of Copies to be Filed in this Court

(a) An original and seven copies of petitions, motions, applications, and suggestions relating thereto shall be filed in this Court in the following proceedings:

(1) Original writs except habeas corpus;

(2) Applications for transfer;

(3) Motions for rehearing.

(b) Except as otherwise expressly provided by law or by these Rules, only the original record on appeal, application, petition, motions, suggestions, stipulations, or other papers need be filed.

Committee Note – 1980

Paragraph (a) is substantially the same as Rule 84.25(a), (b) and (c).

Paragraph (b) is substantially the same as Rule 84.25(d).

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.12 | Number of Copies to be Filed in Court of Appeals

The number of paper copies, if any, of petitions, pleadings, briefs, suggestions, or other papers to be filed in any district of the court of appeals shall be as specified in the local rules of that district.

Committee Note – 1980

This is the same as Rule 84.26.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.13 | Appeal – Dismissal in Appellate Court

An appellant may file a dismissal of his appeal in the appellate court at any time prior to the submission of the cause in the appellate court.

Committee Note – 1980

This is the same as Rule 84.09.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2024

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

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.

(b) If an appeal is subject to dismissal under the provisions of this Rule 30.14, the prosecuting attorney in misdemeanor cases and the attorney general in felony cases, in lieu of the dismissal procedure, may file a motion in the appellate court requesting that the judgment of the trial court be affirmed.

(Adopted June 13, 1979, effective January 1, 1980. Amended June 23, 1987, effective January 1, 1988; amended May 19, 2016, effective January 1, 2017; amended August 15, 2023, effective July 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.15 | Stay of Execution

(a) Death. A sentence of death shall be stayed if an appeal is taken.

(b) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is conditionally released pursuant to Rule 33. A sentence of imprisonment in the penitentiary may be stayed if an appeal is taken and the defendant requests not to commence service of the sentence pending the appeal and the trial court in its discretion so orders. Such request shall be in writing and shall be filed with the clerk of the trial court at or prior to the time of the filing of the notice of appeal. In such cases the defendant may be committed to jail of the county or city, or other safe place, to abide such judgment as may be rendered upon appeal.

(c) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the trial court or by the appellate court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs with the clerk of the trial court, or give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets.

Committee Note – 1980

Paragraph (a) is the same as prior Rule 28.10(1).

Paragraph (b) is substantially the same as prior Rule 28.10(2) and (4).

Paragraph (c) is the same as Fed.R.Crim.P. 38(a)(3) except for minor changes in language because of different descriptive terms used in the federal and state systems. Compare: Prior Rule 28.10(3).

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: September 01, 1994

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.16 | Release Pending Appeal

If a convicted defendant is entitled to a conditional release pending an appeal, the conditions shall be determined by the trial court pursuant to Rule 33. A condition shall be that the defendant will render himself or herself in execution and will obey every order and judgment of the appellate court or every order and judgment of the trial court entered at the direction of the appellate court.

As a part of the application for conditional release, the convicted defendant shall file in the circuit clerk's office a signed and acknowledged application in which shall be specified the post office address to which all notices in connection with the case thereafter may be mailed. Proof of mailing notice by certified or registered mail to defendant at that address shall constitute sufficient notice to defendant in all cases where notice is required under these rules.

If a defendant is conditionally released pending appeal, the circuit court shall so notify the clerk of the appellate court to which the appeal is taken and shall furnish a copy of the document wherein defendant has specified the post office address to which all notices are to be sent.

Committee note – 1980

This is substantially the same as prior Rule 28.11.

(Adopted June 13, 1979, effective January 1, 1980. Amended January 25, 1994, effective September 1, 1994.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1988

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.17 | Appeal by State – Disposition of Defendant

If an appeal is taken by the state, such appeal shall not stay the operation of an order or judgment in favor of the defendant. If the judgment of the trial court is reversed, the defendant may be arrested upon a warrant and brought before the trial court for trial or for judgment or for such other proceedings as the case may require. This Rule 30.17 shall not apply to an appeal taken by the state from an order entered in a proceeding under Rule 24.035 or Rule 29.15, but in such a case, if the defendant is in custody, he shall remain in custody during the pendency of the appeal.

Committee Note – 1980

This is substantially the same as prior Rule 28.13.

(Adopted June 13, 1979, effective January 1, 1980. Amended February 20, 1987, effective January 1, 1988.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.18 | Assignment – Death Penalty Cases

Appeals in cases in which a death penalty has been imposed shall be heard and determined by this Court en banc.

Committee Note – 1980

This is the same as the first sentence of prior Rule 28.19.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1992

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.19 | Oral Argument

The time for oral argument in this Court and in each district of the court of appeals shall be as ordered by the court in which the appeal is pending. Time may be extended by the presiding judge to the extent of time taken by questions from the bench and answers thereto. The appellant may divide his time between the original and reply argument but no more than one-fourth of the time shall be consumed by reply argument. Cross-appeals shall be treated as one cause and in such case the defendant shall be entitled to the time allotted to the appellant and the state to the time allotted to the respondent.

Committee Note – 1980

This is the same as Rule 84.12 except for minor changes in language because of differences in civil and criminal cases.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 14, 1991, effective January 1, 1992.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1988

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.20 | Errors Considered

Allegations of error that are not briefed or are not properly briefed on appeal shall not be considered by the appellate court except errors respecting the sufficiency of the information or indictment, verdict, judgment, or sentence. Whether briefed or not, plain errors affecting substantial rights may be considered in the discretion of the court when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

Committee Note – 1980

The first sentence is substantially the same as the last three sentences of prior Rule 28.02.

The second sentence is substantially the same as Rule 84.13(c).

(Adopted June 13, 1979, effective January 1, 1980. Amended June 23, 1987, effective January 1, 1988.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.21 | Decision of Majority of Judges Shall be Decision of Court

The decision of the majority of the judges of this Court sitting en banc or of any district of the Court of Appeals sitting en banc shall be the decision of the court, but if in any case the judges shall be equally divided in opinion, then an additional judge shall be temporarily transferred to the court or district pursuant to Section 6 of Article V of the Constitution of Missouri and the case shall be reheard. The decision of the majority of the judges of a division of this Court shall be the decision of the court unless the case is transferred to the court en banc. Unless pursuant to its own rules a district of the Court of Appeals determines to hear a case en banc, the decision of a majority of a division of that district shall be the decision of the district.

Committee Note – 1980

This is the same as Rule 84.15.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.22 | Judgment on Appeal

If the appellate court affirms or modifies the judgment of the trial court, it shall direct the sentence pronounced to be executed and the same shall be executed accordingly. If the judgment is reversed or modified, the appellate court shall direct a new trial or direct that the defendant be absolutely discharged or direct the trial court concerning further proceedings to be taken. If the state has taken the appeal, the appellate court shall affirm the judgment or ruling of the court below or reverse or modify the same and direct the trial court concerning further proceedings to be taken.

Committee Note – 1980

This is substantially the same as prior Rule 28.14.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.23 | Correction of Judgment

Unless justice otherwise requires, the court shall dispose finally of the case. A judgment shall not be reversed or set aside because it was erroneous as to the time or place of imprisonment. In such case the appellate court shall sentence such person to the proper place of confinement, and for the correct length of time from and after the date of the original sentence. The court may order the officer or other person having such prisoner in charge to convey him forthwith to such designated place of imprisonment.

Committee Note – 1980

The first sentence is the same as the second sentence of Rule 84.14.

The balance of the rule is substantially the same as prior Rule 28.15.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1996

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.24 | Duties of Appellate Court Officers

(a) The clerk, marshal, and other officers of the appellate court shall perform such duties as may be directed by the court that are necessary to carry out the judgment of the appellate court.

(b) In each case where a felony sentence pronounced on or after January 1, 1996, is affirmed or the appeal of such a felony sentence is dismissed, the clerk of the appellate court shall send by first class mail to the department of corrections for each appellant a copy of the mandate issued by the appellate court in the case. The provisions of this Rule 30.24(b) are directory only, and the failure to comply with this Rule 30.24(b) shall not be the basis for seeking relief from the provisions of Rule 24.035 or Rule 29.15.

Committee Note – 1980

This is the same as the last sentence of prior Rule 28.14.

(Adopted June 13, 1979, effective January 1, 1980. Amended June 20, 1995, effective January 1, 1996.)

First Adopted: June 13, 1979

Most Recently Effective: October 01, 1983

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.25 | Appellate Court Opinions – Summary Orders

(a) Written Opinions Required. Except as in subsection (b) of this Rule, in each case determined by this Court or by any district of the Court of Appeals, the appellate judicial opinion shall be in writing and filed. If the decision is not unanimous, the opinion shall show which judges concurred therein or dissented therefrom.

(b) Summary Orders. In a case in which decision is unanimous and all judges believe that no jurisprudential purpose would be served by a written opinion, disposition may be made by a written summary order. By local court rule this Court or any district of the Court of Appeals may require a brief written statement be attached to any such order. The statement shall not constitute a formal opinion of the court and shall not be reported. Neither shall it be cited nor otherwise used in any case before any court.

(c) Endorsement and Transmittal to Trial Court. The clerk of an appellate court, when the opinion or summary order of the court is filed in his office, shall endorse thereon the day on which it is filed, shall enter the same on his minutes, shall make a true copy thereof, and shall transmit the same without delay to the trial court.

(d) Opinion and Summary Order Furnished Free of Charge. The clerk of each appellate court shall promptly furnish free of charge a copy of the summary order of the court, and any written statement appended thereto, to counsel for each party on appeal.

Committee Note – 1980

Paragraph (a) is substantially the same as Rule 84.16(a).

Paragraph (b) is the same a Rule 84.16(c) with the following added: "... and shall make a true copy thereof and transmit the same without delay to the trial court."

Paragraph (c) is the same as Rule 84.16(d).

(Adopted June 13, 1979, effective January 1, 1980. Amended June 15, 1982, effective January 1, 1983; amended February 18, 1983, effective October 1, 1983.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2004

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.26 | Post-Disposition Motions

Rule 84.17 shall govern post-disposition motions in criminal cases.

Committee Note – 1980

This is the same as Rule 84.17.

(Adopted June 13, 1979, effective January 1, 1980. Amended September 30, 1985, effective July 1, 1986; amended March 20, 2001, effective January 1, 2002; amended December 23, 2003, effective July 1, 2004.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.27 | Transfer of Appellate Cases

Rule 83 shall govern the transfer of criminal appellate cases.

Committee Note – 1980

This simply incorporates Rule 83.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.28 | Rearrest of Defendant

If a defendant who has been conditionally released pending appeal fails to appear and to obey every order of judgment of the appellate court or every order and judgment of the trial court entered at the direction of the appellate court, the appellate court or the trial court, or any judge of either court, shall cause the defendant to be arrested upon process issued for that purpose.

Committee Note – 1980

This is substantially the same as prior Rule 28.16.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.29 | Remand – New Trial

The court to which any criminal case shall be remanded for a new trial shall proceed therein in the same manner as if such case had not been removed into the appellate court.

Committee Note – 1980

This is the same as prior Rule 28.17.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2018

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.30 | Sentence of Death – Setting Execution Dates

(a) The time for execution of any death sentence shall be set by order of this Court. The initial date of execution shall be set following the review of the sentence required by statute and the affirmance thereof. If no timely motion for rehearing is filed, the execution shall be set not fewer than 95 days from the date of the opinion affirming the sentence. If a timely motion for rehearing is filed, the execution shall be set not fewer than 95 days from the date the motion is overruled.

(b) A date of execution set pursuant to Rule 30.30(a) shall be stayed upon the receipt in this Court of proof of filing of a timely appeal or petition for writ of certiorari in the Supreme Court of the United States. No other filing in this or any other Court shall operate to stay an execution date without further order of this Court or other competent authority.

(c) If an execution is stayed, the Court shall set a new date of execution upon motion of the state or upon its own motion. No such motion shall be considered prior to exhaustion of the defendant's right to seek relief in the Supreme Court of the United States following review of the defendant's direct appeal, state post-conviction motion, and federal habeas corpus decision unless the defendant fails to pursue such remedy.

(d) Upon the filing of a motion to set execution date, defendant shall have 30 days to file a response unless otherwise ordered by the Court. If the motion to set execution date is on the Court's own motion, it shall issue an order to show cause to the defendant requiring a response in not fewer than 30 days.

(e) Consistent with the provisions of Rule 30.30(f), the Court shall rule on the motion to set execution date promptly after receipt of defendant's response or failure to file a response within the time allowed. Any such determination shall be without prejudice to the defendant seeking a stay of execution after an execution date is set or the state seeking a new date if the Court overrules the state's motion to set an execution date.

(f) The Court shall set dates of execution after consultation with the director of the department of corrections. Any date of execution shall be at least 90 days but not more than 120 days after the date the order setting the date is entered. The department of corrections shall not be required to execute more than one warrant of execution per month.

(g) When setting an execution date other than the original date set pursuant to Rule 30.30(a), the Court shall issue a warrant of execution to the director of the department of corrections for the execution of the defendant at the time therein specified. The director shall obey the warrant accordingly and be directed to file a return thereto with the Court.

(h) Notice of any date of execution set by this Court shall be given to the defendant, the defendant's counsel, the governor, the attorney general, and the director of the department of corrections.

(Adopted June 13, 1979, effective January 1, 1980. Amended June 16, 1989, effective January 1, 1990; amended October 25, 2013, effective July 1, 2014; amended June 10, 2015, effective January 1, 2016; amended December 27, 2017, effective January 1, 2018.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.31 | Original Writs in Appellate Courts

The procedure in original writs in appellate courts shall be governed by Rules 84.22 to 84.24.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 30 A | Rules of Criminal Procedure | Appellate Procedure in All Criminal Cases | Criminal Proceedings Pending Before a Circuit Judge

30.32 | Designation and Organization of the Appellate Courts

Rule 82 is applicable to criminal proceedings.

Committee Note – 1980

This simply incorporates Rule 82.

(Adopted June 13, 1979, effective January 1, 1980.)