Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 43.01(c), entitled "Service - How and by Whom Made," of Rule 43, entitled "Service and Filing of Pleadings and Papers," and in lieu thereof adoption of a new subdivision 43.01(c), entitled "Service - How and by Whom Made."

(2) Repeal of subdivision 84.13(a), entitled "Preservation of Error in Civil Cases," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.13(a), entitled "Preservation of Error in Civil Cases."
        



1.  It is ordered that effective July 1, 2012, subdivision 43.01(c) of Rule 43 be and the same is hereby repealed and new subdivision 43.01(c) adopted in lieu thereof to read as follows:

• 43.01  SERVICE OF PLEADINGS AND OTHER PAPERS



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(c) Service - How and by Whom Made.  Attorneys and self-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, electronic addresses, and Missouri bar numbers if any.  This information shall be kept current at all times.  Service may be directed to any of these addresses.

Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:


• (1) Upon the attorney:


• (A) By delivering a copy to the attorney;


• (B) By leaving a copy at the attorney's office with a clerk, receptionist, or secretary or with an attorney employed by or associated with the attorney to be served;


• (C) By facsimile transmission;


• (D) By electronic mail; or


• (E) By mailing a copy to the attorney at the attorney's last known address;


• (2) Upon a party:


• (A) By delivering or mailing a copy to the party;


• (B) By facsimile transmission;


• (C) By electronic mail; or


• (D) By serving a copy in the manner provided for service of summons in Rule 54.13.

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2.  It is ordered that effective July 1, 2012, subdivision 84.13(a) of Rule 84 be and the same is hereby repealed and a new subdivision 84.13(a) adopted in lieu thereof to read as follows:


84.13  ALLEGATIONS OF ERROR CONSIDERED - REVERSIBLE ERROR - REVIEW IN CASES TRIED WITHOUT A JURY OR WITH AN ADVISORY JURY


• (a) Preservation of Error in Civil Cases.  Apart from questions of jurisdiction of the trial court over the subject matter, allegations of error not briefed or not properly briefed shall not be considered in any civil appeal and allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury tried case.



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3.  It is ordered 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
Acting Chief Justice