18 June 2001

The Supreme Court of Missouri has amended Rule 84.06 regarding the form of briefs. In conjunction with this rule, the Eastern District has also enacted local rules reducing the page limits for briefs and requiring the filing of a disk with the brief. These rules will be effective on July 1, 2001. Following is a checklist that should help you understand the new requirements.

These new rules represent significant changes in the form of briefs. The changes include a requirement that all briefs be prepared by computer word processing software, unless an exception applies. We prefer the use of Microsoft Word format, but WordPerfect 5.x or higher is acceptable. Another major change is that all briefs must be in a font, including footnotes, that is not smaller than 13 point Times New Roman. This letter and the checklist are printed in 13 point Times New Roman font.  

In addition, page limitations are calculated based on word or line numbers, which can be ascertained from the computer software program. You must provide a line count for your brief if it is in a monospaced type. Monospaced fonts are those with a fixed width, all the characters are equal in width and take up equal space. An example of monospaced font is Courier. However, if you use a proportional type (or any other type besides monospaced), then you must provide a word count for your brief. Proportional fonts are those with variable width, the characters adapt to the width. An example of a proportional font is Times New Roman. You will have to file a certification with your brief that includes the number of words in the brief or the number of lines in your brief if you use monospaced type. Further, you will have to file a floppy disk containing a copy of your brief and you must certify that the disk has been scanned for viruses and is virus-free.  

If you will take a few minutes to review these changes and go over the checklist before you file a brief, you will make this easier for yourself and our staff. Please review the new Supreme Court Rule 84.06 and Local Rules 360 and 361 for additional changes. Thank you for taking the time to review this and please feel free to call us if you have any questions.