Supreme Court of Missouri
en banc
June 20, 2013
Effective July 1, 2013, and January 1, 2014
In re: Effective July 1, 2013, and January 1, 2014
(1) Repeal of subdivision 32.03, entitled "Misdemeanors or Felonies - Change of Venue as a Matter of Right in Certain Counties - Procedure," of Rule 32, entitled "Misdemeanors or Felonies – Venue, Including Change of Venue and Change of Judge – Disability of Judge," and in lieu thereof adoption of a new subdivision 32.03, entitled "Misdemeanors or Felonies - Change of Venue as a Matter of Right in Certain Counties - Procedure."
(2) Repeal of subdivision 84.12, entitled "Oral Argument," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.12, entitled "Oral Argument."
(3) Repeal of subdivision 90.03, entitled "Service on Garnishee - Return of Service - Return Date - Service of Subsequent Pleadings And Papers," of Rule 90, entitled "Garnishments and Sequestration," and in lieu thereof adoption of a new subdivision 90.03, entitled "Service on Garnishee - Return of Service - Return Date - Service of Subsequent Pleadings and Papers."
(4) Repeal of subdivision 100.02, entitled "Review in Appellate Courts," of Rule 100, entitled "Judicial Review of Administrative Decisions," and in lieu thereof adoption of a new subdivision 100.02, entitled "Review in Appellate Courts."
(5) Correction of subdivision (a) of subdivision 36.01, entitled "Criminal Contempt," of Rule 36, entitled "Criminal Contempt."
(6) Correction of subdivision 58.01(e), entitled "Enforcement," of Rule 58, entitled "Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes."
ORDER
32.03 MISDEMEANORS OR FELONIES - CHANGE OF VENUE AS A
MATTER OF RIGHT IN CERTAIN COUNTIES - PROCEDURE
(a) A change of venue shall be ordered in any criminal proceeding triable by a jury pending in a county having seventy-five thousand or fewer inhabitants upon the filing of a written application therefor by the defendant. In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. The defendant need not allege or prove any reason for change. The application need not be verified and shall be signed by the defendant or the defendant's attorney.
(b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.
(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties for trial by jury, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.
(d) All proceedings, except the trial by jury, may, in the trial court's discretion, occur in the originating county.
(b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.
(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties for trial by jury, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.
(d) All proceedings, except the trial by jury, may, in the trial court's discretion, occur in the originating county.
2. It is ordered that effective January 1, 2014, subdivision 84.12 of Rule 84 be and the same is hereby repealed and new subdivision 84.12 adopted in lieu thereof to read as follows:
84.12 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 the allotted 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 plaintiff in the trial court shall be entitled to the time allotted to the appellant and the defendant in the trial court to the time allotted to the respondent, unless the parties otherwise agree or the court otherwise orders.
Cross-appeals shall be treated as one cause, and in such case the plaintiff in the trial court shall be entitled to the time allotted to the appellant and the defendant in the trial court to the time allotted to the respondent, unless the parties otherwise agree or the court otherwise orders.
3. It is ordered that effective January 1, 2014, subdivision 90.03 of Rule 90 be and the same is hereby repealed and new subdivision 90.03 adopted in lieu thereof to read as follows:
90.03 SERVICE ON GARNISHEE - RETURN OF SERVICE -
RETURN DATE - SERVICE OF SUBSEQUENT PLEADINGS AND PAPERS
(a) The garnishee shall be served with summons and the writ of garnishment by the sheriff. Service shall be as provided in Rule 54.13. In addition, service may be made upon an employee of the garnishee designated to receive service or upon the paying, disbursing or auditing officer of the garnishee. Return of service shall be made as provided in Rule 54.20. The return date of the writ of garnishment shall be set forth in the summons.
(b) All pleadings and papers subsequent to service of the summons and writ of garnishment shall be served as provided in Rule 43.01.
(a) The garnishee shall be served with summons and the writ of garnishment by the sheriff. Service shall be as provided in Rule 54.13. In addition, service may be made upon an employee of the garnishee designated to receive service or upon the paying, disbursing or auditing officer of the garnishee. Return of service shall be made as provided in Rule 54.20. The return date of the writ of garnishment shall be set forth in the summons.
(b) All pleadings and papers subsequent to service of the summons and writ of garnishment shall be served as provided in Rule 43.01.
4. It is ordered that effective January 1, 2014, subdivision 100.02 of Rule 100 be and the same is hereby repealed and new subdivision 100.02 adopted in lieu thereof to read as follows:
- 100.02 REVIEW IN APPELLATE COURTS
(a) Designation of Parties. The party filing the petition for review or notice of appeal shall be known as the appellant and the adverse party as the respondent.
(b) Docket Fee. A docket fee in the amount specified in Rule 81.04(d) is required. It shall be deposited with the clerk of the appellate court at the time of filing a petition for review under section 621.189, RSMo, and with the commission at the time of filing a notice of appeal under section 287.495, 288.210, or 386.510, RSMo. No petition for review shall be accepted and filed by the clerk of the appellate court and no notice of appeal shall be accepted and filed by the commission unless the docket fee is deposited therewith or the appellant is not required by law to pay the docket fee. If a petition for review or notice of appeal is accepted without timely payment, the petition or appeal may be dismissed.
(c) Petition for Review and Notice of Appeal - Contents. The petition for review or notice of appeal shall specify the party seeking review, the decision sought to be reviewed, and a concise statement of the grounds on which jurisdiction is invoked. A notice of appeal filed under 386.510, RSMo, shall also contain any other items listed in that section.
(d) Petition for Review and Notice of Appeal - Service. At the time of filing the petition for review or notice of appeal, the appellant shall serve a copy thereof on each party of record and on the commission from which the matter is appealed.
(e) Record - Contents. The record shall consist of:
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(1) A transcript of the testimony;
(2) Exhibits and relevant papers;
(3) Rulings, orders, decisions, findings of fact and conclusions of law issued by the agency.
Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed, and the pages numbered as provided in Rules 81.12(a), 81.14(b), and 81.18.
(f) Record - Certification. The transcript shall be certified by the commission’s reporter as true and accurate. The remaining part of the record shall be prepared and certified by the commission as being true, accurate, and complete. In appeals filed pursuant to section 386.510, RSMo, the commission shall certify its record to the appellate court within 30 days of the filing of the notice of appeal, unless otherwise ordered by the court.
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(g) Record - Filing. When a commission transmits the record to the appellate court, it shall do so within 30 days after the filing of the petition for review or notice of appeal. In all other cases, the appellant shall file the record with the appellate court within 30 days after the filing of the petition for review or notice of appeal. The appellate court, either on application or on its own motion, may enlarge or shorten the time for filing the record.
(h) Record - Supplemental Record. The appellate court may, if it deems necessary, on its own initiative or at the request of a party order the commission to prepare and file a supplemental record or the commission may be directed to send to the court any original documents or exhibits.
(i) Record - Service. At the time of filing the record, the filer shall give all parties notice of the filing and an index of the items filed.
(j) Briefs and Motions. The form, contents, filing, and service of briefs and motions shall be as provided in Rule 84.
36.01 CRIMINAL CONTEMPT (a) A criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt
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and that it was committed in the actual presence of the court. The judgment of contempt and the order of commitment shall recite the facts and shall be signed by the judge and entered of record.
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6. The Court hereby corrects subdivision 58.01(e) of Rule 58 by substituting the figures "61.01(d)" for the figures "61.01(b)". As corrected, effective July 1, 2013, subdivision 58.01(e) shall read as follows:
58.01 PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
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(e) Enforcement. The party submitting the request may move for an order under Rule 61.01(d) with respect to any objection or other failure to respond to the request or any part thereof or any failure to permit inspection as requested.
7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
8. It is ordered that this order be published in the South Western Reporter.
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RICHARD B. TEITELMAN
Chief Justice