May 30, 2012

Effective January 1, 2013

In re:

(1) Adoption of new subdivision 81.005, entitled "Electronic Filing in Appellate Courts," of Rule 81, entitled "Appeals."
   
(2) Repeal of subdivision 81.14(c), entitled "Form of Record on Appeal;" subdivision 81.14(d), entitled "Multiple Respondents;" and subdivision 81.18, entitled "Form of Typewritten Transcripts and Other Documents," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.14(c), entitled "Form of Legal File;" a new subdivision 81.14(d), entitled "Form of Transcript;" a new subdivision 81.14(e), entitled " Reduction Format Transcript;" a new subdivision 81.14(f), entitled "Multiple Respondents;" and a new subdivision 81.18, entitled "Form of Typewritten Documents."
   
(3) Repeal of subdivision 84.04(c), entitled "Statement of Facts;" subdivision 84.04(e), entitled "Argument;" subdivision 84.04(i), entitled "Page References in Briefs;" and subdivision 84.04(j), entitled "Cross Appeals;" of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.04(c), entitled "Statement of Facts;" a new subdivision 84.04(e), entitled "Argument;" and a new subdivision 84.04(i), entitled ""Cross Appeals."
   
(4) Correction of intersectional cross-reference in subdivision (e)(2) of subdivision 4-1.11, entitled "Special Conflicts of Interest for Former and Current Government Officers and Employees," of Rule 4, entitled "Rules of Professional Conduct." 
           
1.  It is ordered that effective January 1, 2013, subdivision 81.005 of Rule 81 be and the same is hereby adopted to read as follows:

81.005 ELECTRONIC FILING IN APPELLATE COURTS

This Court and the court of appeals require most documents to be electronically filed.  Rule 103 and Court Operating Rule 27 govern the electronic filing of documents and apply if there is a conflict with any other rule.  When filing a document in an appellate court, Rule 103 and Court Operating Rule 27 should be reviewed as well as the local rules of the court in which the document is to be filed.

2.  It is ordered that effective January 1, 2013, subdivision 81.14(c), subdivision 81.14(d), and subdivision 81.18 of Rule 81 be and the same are hereby repealed and a new subdivision 81.14(c), a new subdivision 81.14(d), a new subdivision 81.14(e), a new subdivision 81.14(f), and a new subdivision 81.18 adopted in lieu thereof to read as follows:

81.14  THE RECORD ON APPEAL, MULTIPLE APPEALS - FORM OF RECORD ON APPEAL

(c) Form of Legal File.  The legal file shall have a tan cover and shall be duplicated by any clear dry duplicating process but may be typewritten or printed if the duplicating process is inadequate.  A typewritten legal file shall conform to the provisions of Rule 81.18(c), except that it shall be securely bound on the top or left side.  If duplicated, the legal file shall be a true copy of the original documents.  Fasteners used to bind the legal file shall extend a full one inch beyond the depth of the volume.  A volume of the legal file shall not exceed two hundred pages.

(d) Form of Transcript.  The transcript shall be typewritten, printed, or prepared by any other clear dry duplicating process.  If typewritten, it shall comply with the requirements of Rule 81.18 except that:

(1) There shall be no fewer than nine characters to the typed inch;

(2) It shall be securely bound on the left side with either spiral binding or fasteners that extend a full one inch beyond the depth of the volume;

(3) It shall have a left margin of not less than one and one-fourth nor more than one and three-fourth inches;

(4) It shall have a right margin of not more than three-eighths of an inch; and

(5) There shall be no fewer than 25 typed lines per sheet of paper.

   

Each question and answer shall begin no more than five spaces from the left margin, with no more than five spaces from the "Q" and "A" to the text.  Carry-over questions and answers shall begin at the left margin.

A volume of transcript shall not exceed 200 sheets of paper.

(e) Reduction Format Transcript.  In lieu of filing a transcript as provided in Rule 81.14(c), a party may file a transcript in page reduction format.  Page reduction transcripts shall conform to the provisions of Rule 81.14(d), except that not more than four pages of transcript may appear on each side of each sheet of paper in the page reduction format.  The party filing a transcript in page reduction format shall file the full-page transcript with the court if ordered by the court to do so. 

A party who files a page reduction format transcript shall also file an electronic copy, in a commonly used medium, such as a diskette or CD-ROM, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher.  An adhesive label shall be affixed to each disk legibly identifying the caption of the case, the disk number (e.g., “Disk 1 of 2"), and the word processing format (e.g., Microsoft Word for Windows).  Word format shall be used if available.  If Word is unavailable, the transcript shall be formatted in WordPerfect 5.x or higher.  

The reporter or transcriber shall certify that the electronic copy has been scanned for viruses and that it is virus-free.

(f) Multiple Respondents.  If there is more than one respondent, and all respondents are not represented by the same counsel, the appellant shall serve a copy of the legal file on each respondent.  The appellate court, on motion, may make such order respecting delivery of a copy of the transcript as may be just and equitable.

81.18 FORM OF TYPEWRITTEN DOCUMENTS

(a) Typewritten briefs filed in the appellate courts shall conform to the requirements of Rule 84.06(e) to (f).  

(b) Typewritten transcripts and legal files shall conform to the provisions of Rule 81.18(c), except as provided in Rule 81.14.

(c) All other typewritten documents shall conform to the following provisions:

(1) Typewritten documents shall be legible, on paper of size 81/2 X 11 inches, securely bound and paged at the bottom.

(2) Documents shall be on bond paper weighing not less than nine pounds to the ream, shall be typed on one side of the paper, shall be double-spaced, and shall have a left margin of not less than one inch.

(3) The type used shall be not less than a ten pitch and ten characters to the inch in a fixed space type.  If a proportionally spaced type is used, it shall be not smaller than 13 point, Times New Roman font on Microsoft Word.

3.  It is ordered that effective January 1, 2013, subdivision 84.04(c), subdivision 84.04(e), subdivision 84.04(i), and subdivision 84.04(j), of Rule 84 be and the same are hereby repealed and a new subdivision 84.04(c), a new subdivision 84.04(e), and a new subdivision 84.04(i) adopted in lieu thereof to read as follows:

84.04  BRIEFS - CONTENTS

(c) Statement of Facts.  The statement of facts shall be a fair and concise statement of the facts relevant to the questions presented for determination without argument.  Such statement of facts may be followed by a resume of the testimony of each witness relevant to the points presented.

All statements of facts shall have specific page references to the relevant portion of the record on appeal, i.e., legal file, transcript, or exhibits.  If the matter cited is contained in the appendix, a page reference to the appendix shall be included.

(e) Argument.  The argument shall substantially follow the order of "Points Relied On."  The point relied on shall be restated at the beginning of the section of the argument discussing that point.  The argument shall be limited to those errors included in the "Points Relied On."  The argument shall also include a concise statement of the applicable standard of review for each claim of error.  If a point relates to the giving, refusal or modification of an instruction, such instruction shall be set forth in full in the argument portion of the brief.  Long quotations from cases and long lists of citations should not be included.

 All factual assertions in the argument shall have specific page references to the relevant portion of the record on appeal, i.e., legal file, transcript, or exhibits.  If the matter cited is contained in the appendix, a page reference to the appendix shall be included.

(i) Cross Appeals.  If a cross appeal is filed, the plaintiff in the court below shall be deemed the appellant for purposes of this Rule 84.04, unless the parties otherwise agree or the court otherwise orders.  The appellant's initial brief shall be filed as otherwise provided in this Rule 84.04 and Rule 84.05.  The respondent's initial brief shall contain the issues and argument involved in the respondent's appeal and the response to the brief of the appellant.  The appellant may file a second brief in response to the respondent's brief setting forth respondent's appeal and in reply to the respondent's brief opposing appellant's appeal.  The respondent may file a reply brief in reply to appellant's response to the issues presented by respondent's appeal.  The briefs otherwise shall comply with Rule 84.06.  No further briefs shall be filed without leave of the court.

4.  It is ordered that the reference to "Rule 4-1.11(a)" in subdivision 4-1.11(e)(2) be corrected to reference "Rule 4-1.11(b)."
   
5.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
   
6.  It is ordered that this order be published in the South Western Reporter.