Supreme Court of Missouri
en banc

In re:

Correction of order of June 28, 2011, with respect to:

(1) Subdivision 58.02(d), entitled "Response," of Rule 58, entitled "Production of Documents and Things and Entry upon Land for Inspection and Other Purposes;" and

(2) Subdivisions (l) and (m) of subdivision 84.24, entitled "Procedure as to Original Writs," of Rule 84, entitled "Procedure in All Appellate Courts."
 

1.  By order of June 28, 2011, which appears in West's Missouri Cases dated July 26, 2011, at pages Ct.R-16 to Ct.R-28, this Court adopted a new subdivision 58.02(d) of Rule 58 to be effective January 1, 2012.  The Court hereby corrects the order so that the second paragraph of said subdivision, which is redundant, is deleted.  As corrected, effective January 1, 2012, subdivision 58.02(d) of Rule 58 shall read as follows:

58.02 SUBPOENA TO NON-PARTY FOR PRODUCTION OF DOCUMENTS AND THINGS


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(d) Response.  With the agreement of all parties, the non-party may be excused from appearance at the location specified for document production and may produce the subpoenaed items to the party responsible for issuance and service of the subpoena, who shall then offer to all other parties the opportunity to inspect or copy the subpoenaed items.  The party responsible for issuance and service of the subpoena is responsible for obtaining the agreement of all parties and advising the non-party in writing of the agreement, with a copy to all attorneys of record and self-represented parties.  Absent such an agreement, the subpoenaed items shall only be produced at the place, date and time specified by the subpoena for all parties to inspect or copy.

Upon request by any party, the non-party shall also produce with the subpoenaed items a business records affidavit of the custodian of records.  
 

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2.  By order of June 28, 2011, which appears in West's Missouri Cases dated July 26, 2011, at pages Ct.R-16 to Ct.R-28, this Court adopted new subdivisions (l) and (m) of subdivision 84.24 of Rule 84 to be effective January 1, 2012.  The Court hereby corrects subdivisions (l) and (m) by deleting the word "preliminary" in each subdivision and inserting the word "permanent" in lieu thereof.  As corrected, effective January 1, 2012, subdivisions (l) and (m) of subdivision 84.24 shall read as follows:

 
84.24  PROCEDURE AS TO ORIGINAL WRITS
 

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(l) If a permanent writ in mandamus or prohibition is ordered to issue, the court shall issue an opinion setting out its reasons for issuing the writ.  The opinion shall be filed contemporaneously with the order to issue the writ or, if exigent circumstances require, within a reasonable time after the issuance of the writ.

(m) If a permanent writ is denied without an opinion issuing, a motion for reconsideration of the court's action, however denominated, shall not be filed.
 

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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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PATRICIA BRECKENRIDGE
Acting Chief Justice