Supreme Court of Missouri
en banc
June 20, 2014
Effective January 1, 2015
Effective January 1, 2015
In re:
(1) Repeal of subdivision 57.03(f), entitled "Submission to Witness; Changes; Signing," of Rule 57.03, entitled "Depositions Upon Oral Examination," and in lieu thereof adoption of a new subdivision57.03(f), entitled "Submission to Witness; Changes; Signing."
(2) Repeal of subdivision (c)of Rule 73.01, entitled "Trial Without Jury or With An Advisory Jury - Procedure,"of Rule 73, entitled "Trial by Court,"and in lieu thereof adoption of a new subdivision (c)of Rule 73.01, entitled "Trial Without Jury or With An Advisory Jury – Procedure."
(3) Correction of subdivision 103.07, entitled "Verified Documents and Affidavits," of Rule 103, entitled "Electronic Filing," as effective July 1, 2014, by adding the final sentence that was inadvertently omitted.
ORDER
1. It is ordered that effective January 1, 2015, subdivision 57.03(f) of Rule 57.03 be and the same is hereby repealed and a new subdivision57.03(f) adopted in lieu thereof to read as follows:
57.03 DEPOSITION UPON ORAL EXAMINATION
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(f) Submission to Witness; Changes; Signing. When the testimony is fully transcribed, the officer shall make the deposition available to the witness for examination, reading and signing, unless such examination, reading, and signing are waived by the witness or by the parties. Any changes in form or substance that the witness desires to make shall be entered upon an errata sheet provided to the witness with a statement of the reasons given for making such changes. The answers or responses as originally given, together with the changes made and reasons given therefor, shall be considered as a part of the deposition. The deposition shall then be signed by the witness before a notary public unless the witness is ill, cannot be found, is dead, or refuses to sign. If the deposition is not signed by the time of trial, it may be used as if signed, unless, on a motion to suppress, the court holds that the reasons given for the refusal to sign requires rejection of the deposition in whole or in part.
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2. It is ordered that effective January 1, 2015, subdivision (c) of Rule 73.01 be and the same is hereby repealed and a new subdivision(c) adopted in lieu thereof to read as follows:
73.01 Trial Without Jury or With An Advisory Jury – Procedure
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(c) The court shall render the judgment it thinks proper under the law and the evidence.
If a party so requests, the court shall dictate to the court reporter or prepare and file a brief opinion containing a statement of the grounds for its decision and the method of deciding any damages awarded.
The court may, or if requested by a party shall, include in the opinion findings on the controverted materialfact issues specified by the party. Any request for an opinion or findings of fact shall be made on the record before the introduction of evidence at trial or at such later time as the court may allow.
All fact issues upon which no specific findings are made shall be considered as having been found in accordance with the result reached.
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3. By order of December 13, 2013, which appears in West’s Missouri Cases 414 S.W.3d 2 dated February 7, 2014,this Court adopted a new subdivision 103.07 of Rule 103 to be effective July 1, 2014. The Court hereby corrects the order to add the final sentence that was inadvertently omitted.As corrected, effective July 1, 2014, subdivision 103.07 shall read as follows:
103.07 VERIFIED DOCUMENTS AND AFFIDAVITS
A document required by law to be verified, to be signed under penalty of perjury, or to be signed by a notary public may be filed as an electronic document, signed electronically as provided in Rule 103.04(d), if the affiant, declarant, or notary public has signed a paper document. Until the entire case is finally disposed, the registered user shall be the custodian of the paper document.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. 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