June 10, 2015
Effective January 1, 2016
 

In re:

(1) Repeal of subdivision (f) of subdivision 30.30, entitled "Sentence of Death -Setting Execution Dates," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision (f) of subdivision 30.30, entitled "Sentence of Death - Setting Execution Dates."
 
(2) Repeal of subdivisions (a), (b), (c), and (d) of subdivision 61.01, entitled "Failure to Make Discovery: Sanctions," of Rule 61, entitled "Enforcement of Discovery: Sanctions," and in lieu thereof adoption of new subdivisions (a), (b), (c), and (d) of subdivision 61.01, entitled "Failure to Make Discovery: Sanctions."
 
(3) Repeal of subdivision (d) of subdivision 74.05, entitled "Entry of Default Judgment," of Rule 74, entitled "Judgments, Orders and Proceedings Thereon," and in lieu thereof adoption of a new subdivision (d) of subdivision 74.05, entitled "Entry of Default Judgment."

(4) Repeal of subdivisions (b)(2) and (c) of subdivision 98.02, entitled "Form of Action - Parties," of Rule 98, entitled "Quo Warranto," and in lieu thereof adoption of new subdivisions (b)(2) and (c) of subdivision 98.02, entitled "Form of Action - Parties."
 
(5) Correction of subdivision (l) of subdivision 38.05, entitled "Definitions," of Rule 38, entitled "Certain Statutory Violations and Violation Bureaus."

 
ORDER

1. It is ordered that effective January 1, 2016, subdivision 30.30(f) be and the same is hereby repealed and a new subdivision 30.30(f) adopted in lieu thereof to read as follows:
 
30.30 SENTENCE OF DEATH - SETTING EXECUTION DATES 

 

 
(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. 

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2. It is ordered that effective January 1, 2016, subdivisions (a), (b), (c), and (d) of subdivision 61.01 be and the same are hereby repealed and new subdivisions (a), (b), (c), and (d) adopted in lieu thereof to read as follows:
 
61.01 FAILURE TO MAKE DISCOVERY: SANCTIONS
 
(a) Failure to Act - Evasive or Incomplete Answers. Any failure to act described in this Rule 61 may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has served timely objections to the discovery request or has applied for a protective order as provided by Rule 56.01(c).
 
For the purpose of this Rule 61, an evasive or incomplete answer is to be treated as a failure to answer.
 
(b) Failure to Answer Interrogatories. If a party fails to answer interrogatories or serve objections thereto within the time provided by law, or if objections are served thereto that are thereafter overruled and the interrogatories are not timely answered, the court may, upon motion and reasonable notice to other parties, take such action in regard to the failure as are just and among others the following:
 
(1) Enter an order striking pleadings or parts thereof or dismissing the action or proceeding or any part thereof or render a judgment by default against the disobedient party;
 
(2) Upon the showing of reasonable excuse, grant the party failing to answer the interrogatories additional
 time to serve answers, but such order shall provide that if the party fails to answer the interrogatories within the additional time allowed, the pleadings of such party shall be stricken or the action shall dismissed or a default judgment shall be rendered against the disobedient party.
 
(c) Failure to Answer Request for Admissions. If a party, after being served with a request to admit the genuineness of any relevant documents or the truth of any relevant and material matters of fact, fails to serve answers or objections thereto, as required by Rule 59.01, the genuineness of any relevant documents or the truth of any relevant and material matters of fact contained in the request for admissions shall be taken as admitted. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 59.01, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party requesting the admissions may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that:
 
(1) The request was held objectionable pursuant to Rule 59.01;
 
(2) The admission sought was of no substantial importance;
 
(3) The party failing to admit had reasonable grounds to believe that such party might prevail on the matter; or
 
(4) There was other good reason for the failure to admit.
 
(d) Failure to Produce Documents and Things or to Permit Inspection. If a party fails to respond that inspection will be permitted as requested, fails to permit inspection, or fails to produce documents and tangible things as requested under Rule 58.01, or timely serves objections thereto that are thereafter overruled and the documents and things are not timely produced or inspection thereafter is not timely permitted, the court may, upon motion and reasonable notice to other parties, take such action in regard to the failure as are just and among others the following:
 
(1) Enter an order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting the disobedient party from introducing designated matters in evidence;
 
(2) Enter an order striking pleadings or parts thereof or staying further proceedings until the order is obeyed or dismissing the action or proceeding or any part thereof or render a judgment by default against the disobedient party;
 
(3) Enter an order treating as a contempt of court the failure to obey; or
 
(4) Enter an order requiring the party failing to obey the order or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. 

 

 
3. It is ordered that effective January 1, 2016, subdivision 74.05(d) of Rule 74 be and the same is hereby repealed and a new subdivision 74.05(d) adopted in lieu thereof to read as follows:
 
74.05 ENTRY OF DEFAULT JUDGMENT 

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(d) When Set Aside. Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside.
 
The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment.
 
"Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process.
 
An order setting aside an interlocutory order of default or a default judgment may be conditioned on such terms as are just, including a requirement that the party in default pay reasonable attorney fees and expenses incurred as a result of the default by the party who requested the default.
 
A motion filed under this Rule 74.05(d), even if filed within 30 days after judgment, is an independent action and not an authorized after-trial motion subject to Rule 78.04, 78.06, or 81.05. 7
 

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4. It is ordered that effective January 1, 2016, subdivisions 98.02(b)(2) and (c) of Rule 98 be and the same are hereby repealed and new subdivisions 98.02(b)(2) and (c) adopted in lieu thereof to read as follows:
 
98.02 FORM OF ACTION - PARTIES
 

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(b) Any of the following may be relators:
 

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(2) The prosecuting attorney or county counselor, upon personal information (State of Missouri, ex inf. John Doe, [Prosecuting Attorney][County Counselor]) or at the relation (State of Missouri, ex inf. John Doe, [Prosecuting Attorney][County Counselor], ex rel. Richard Roe, et al.) of any person who has a special interest in the subject matter of the action, the prosecuting attorney being limited to filing with respect to matters pertaining solely to the prosecuting attorney's county or circuit.
 
(c) The attorney general or a prosecuting attorney or county counselor, when action is brought upon information at the relation of another, may authorize the prosecution of the action to final conclusion in the name of the relator. 
 

 
5. The Court hereby corrects subdivision 38.05(l) of Rule 38 by changing the intersectional reference from "38.08" to "38.09." As corrected, effective July 1, 2015, subdivision 38.05(l) shall read as follows:
 
38.05 DEFINITIONS 

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Whenever in this Rule 38 the following terms are used, they mean the following:
 

 

 
(l) 'Uniform fine schedule,' any fine schedule approved pursuant to Rule 38.09;
 

 

 
6. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
7. It is ordered that this order be published in the South Western Reporter.

Day - to - Day

____________________________
MARY R. RUSSELL
Chief Justice