Supreme Court of Missouri
en banc
April 2, 2015
Effective January 1, 2016
Effective January 1, 2016
In re:
(1) Repeal of subdivision 30.04(h), entitled "Errors - Omissions - Supplemental Record on Appeal," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.04(h), entitled "Exhibits - Appellant Shall Deposit," and a new subdivision 30.04(i), entitled "Errors - Omissions - Supplemental Record on Appeal."
(2) Repeal of subdivision 30.05, entitled "Exhibits - Record on Appeal - When Exhibits Need Not be Incorporated," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.05, entitled "Exhibits - Record on Appeal," of Rule 30, entitled "Appellate Procedure in All Criminal Cases."
(2) Repeal of subdivision 30.05, entitled "Exhibits - Record on Appeal - When Exhibits Need Not be Incorporated," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.05, entitled "Exhibits - Record on Appeal," of Rule 30, entitled "Appellate Procedure in All Criminal Cases."
ORDER
1. It is ordered that effective January 1, 2016, subdivision 30.04(h) of Rule 30 be and the same is hereby repealed and a new subdivision 30.04(h) and a new subdivision 30.04(i) adopted in lieu thereof to read as follows:
30.04 RECORD ON APPEAL - CONTENTS - DESIGNATION - COMPILING, ORDERING, FILING AND SERVICE - ERRORS, OMISSIONS AND
SUPPLEMENTAL RECORD
SUPPLEMENTAL RECORD
* * *
(h) Exhibits - Appellant Shall Deposit. Appellant is responsible for depositing all exhibits that are necessary for the determination of any point relied on. If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for deposit with the court. The party having custody shall either promptly deliver them to appellant or deposit them with the court. Respondent may deposit such additional exhibits as respondent considers necessary.
All exhibits shall be deposited pursuant to Rule 30.05.
A party depositing exhibits with the appellate court shall serve on all other parties on the day of deposit a listing and description of the exhibits deposited.
(i) Errors - Omissions - Supplemental Record on Appeal. If anything material is omitted from the record on appeal, the parties by stipulation, or the appellate court, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement be corrected. The appellate court may, if it deems necessary, order that a supplemental record on appeal be prepared and filed by either party or by the clerk of the trial court including any additional part of the trial record, proceedings and evidence, or the clerk may be directed to send up any original documents or exhibits.
2. It is ordered that effective January 1, 2016, subdivision 30.05 of Rule 30 be and the same is hereby repealed and a new subdivision 30.05 adopted in lieu thereof to read as follows:
30.05 EXHIBITS - RECORD ON APPEAL
(a) If original exhibits are necessary to the determination of any point relied on, they shall be deposited in the appellate court.
(b) If it is impracticable to deposit any exhibit, it may be represented by photograph, mechanical drawing, or other means that fairly depict the exhibit.
(c) Original exhibits shall be deposited with the appellate court on or before the day the reply brief is due or when the court so directs, whichever is earlier. Any exhibits not timely deposited may be considered by the court as immaterial to the issues on appeal.
(d) Exhibits shall not be destroyed or disposed.
3. It is ordered that that notice of this order be published in the Journal of The Missouri Bar.
4. 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