Supreme Court of Missouri
en banc

In re:
 
(1) Repeal of subdivision 30.01, entitled "Right to and Manner of Appeal," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.01, entitled "Right to and Manner of Appeal."
 
(2) Repeal of subdivision 51.045, entitled "Transfer of Venue When Venue Improper," of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge," and in lieu thereof adoption of a new subdivision 51.045, entitled "Transfer of Venue When Venue Improper."
 
(3) Repeal of subdivision (2) of subdivision 55.27(g), entitled "Waiver or Preservation of Certain Defenses," of Rule 55, entitled "Pleadings and Motions," and in lieu thereof adoption of a new subdivision (2) of subdivision 55.27(g), entitled "Waiver or Preservation of Certain Defenses."
 
(4) Repeal of subdivision 57.09, entitled "Subpoena for Taking Deposition," of Rule 57, entitled "Interrogatories and Depositions," and in lieu thereof adoption of a new subdivision 57.09, entitled "Subpoena for Taking Deposition."
 
(5) Adoption of a new subdivision 58.02, entitled "Subpoena to Non-party for Production of Documents and Things," of Rule 58, entitled "Production of Documents and Things and Entry upon Land for Inspection and Other Purposes."
 
(6) Repeal of subdivision (a) of subdivision 78.07, entitled "After-trial Motion - Allegations of Error Required," of Rule 78, entitled "New Trials - After-trial Motions - Preservation of Error," and in lieu thereof adoption of a new subdivision (a) of subdivision 78.07, entitled "After-trial Motion - Allegations of Error Required."
 
(7) Repeal of subdivision 81.04, entitled "Appeals, When and How Taken - Cross Appeals - Docket Fees," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.04, entitled "Appeals, When and How Taken - Cross Appeals - Docket Fees."
 
(8) Repeal of subdivision 83.05, entitled "Application - Form - Contents," and subdivision 83.06, entitled "Notice to Parties - Counter-suggestions," of Rule 83, entitled "Transfer from Court of Appeals to This Court," and in lieu thereof adoption of a new subdivision 83.05, entitled "Application - Form - Contents," and a new subdivision 83.06, entitled "Suggestions in Opposition."
 
(9) Repeal of subdivision 84.04(h), entitled "Appendix," and subdivision 84.24, entitled "Procedure as to Original Writs," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.04(h), entitled "Appendix;" and a new subdivision 84.24, entitled "Procedure as to Original Writs."
 
(10) Correction of intersectional cross-reference in Comment [4] to subdivision 4-8.4, entitled "Misconduct," of Rule 4, entitled "Rules of Professional Conduct."  
 
1.  It is ordered that effective January 1, 2012, subdivision 30.01 of Rule 30 be and the same is hereby repealed and new subdivision 30.01 adopted in lieu thereof to read as follows:

30.01  RIGHT TO AND MANNER OF APPEAL
 
(a) Right to Appeal.  After the rendition of final judgment in a criminal case, every party shall be entitled to any appeal permitted by law.  Appeals may be taken as provided in Rule 81.04 and Rule 81.08.
 
(b) Jointly or Separately.  Codefendants may join in an appeal or any one or more of them may appeal separately.
 
(c) Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections. If a defendant appeals from a felony conviction or a petitioner or the state appeals from an order in a post-conviction proceeding involving a prior felony conviction, the clerk of the trial court, in addition to giving the notice required by Rule 81.04(g), shall serve the notice of appeal on the Attorney General of Missouri, Supreme Court Building, Jefferson City, Missouri 65101 as prescribed by Rule 43.01. In any case where the death penalty has been imposed, notification of the filing of the notice of appeal shall also be mailed to the director of the department of corrections, unless lack of time requires a more expeditious notice.
 

2.  It is ordered that effective January 1, 2012, subdivision 51.045 of Rule 51 be and the same is hereby repealed and a new subdivision 51.045 adopted in lieu thereof to read as follows:
 

51.045  TRANSFER OF VENUE WHEN VENUE IMPROPER
 
(a) Any motion to transfer venue alleging improper venue shall be filed within 60 days of service on the party seeking transfer.  For good cause shown, the court may extend the time to file a motion to transfer venue or allow the party to amend it.  Any motion to transfer venue shall:
  
(1) Specify one or more counties in which the movant contends venue is proper, and
 
(2) State the basis for venue in each such county.
 
If a motion to transfer venue is not timely filed, the issue of improper venue is waived.
 
If a timely motion to transfer venue is filed, the venue issue is not waived by any other action in the case.
 
(b) Within 30 days after the filing of a motion to transfer for improper venue, an opposing party may file a reply.  For good cause shown, the court may extend the time to file the reply or allow the party to amend it.
 
The reply shall state the basis for venue in the forum or state reasons why venue is not proper in one or more counties specified by the movant.  The court shall not consider any basis not stated in the reply, nor shall the court consider allegations relating to fictitious defendants.  If a reply is filed, the court may allow discovery on the issue of venue and shall determine the issue.
 
(c) If no reply is filed, the court shall order transfer to one of the counties specified in the motion.  If a reply is filed but the issue is determined in favor of the movant, the court shall order a transfer of venue to a court where venue is proper.  When a transfer of venue is ordered, the entire civil action shall be transferred unless a separate trial has been ordered.  If a separate trial is ordered, only that part of the civil action in which the movant is involved shall be transferred.
 
(d) A request for transfer of venue under this Rule 51.045 shall not deprive a party of the right to a change of venue under Rule 51.03 if the civil action is transferred to a county having 75,000 or fewer inhabitants.  A party seeking a change of venue under Rule 51.03, after transfer of venue pursuant to this Rule 51.045, shall make application therefor within the later of:

 
(1) The time allowed by Rule 51.03, or
 
(2) Ten days of being served with notice of the docketing of the civil action in the transferee court as provided by Rule 51.10.
 

 3.  It is ordered that effective January 1, 2012, subdivision 55.27(g)(2) of Rule 55 be and the same is hereby repealed and a new subdivision 55.27(g)(2) adopted in lieu thereof to read as follows:

55.27  DEFENSES AND OBJECTIONS - HOW PRESENTED - BY PLEADING OR MOTION - MOTION FOR JUDGMENT ON THE PLEADINGS

 

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(g) Waiver or Preservation of Certain Defenses.
 


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(2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 52.04, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 55.01 or by motion for judgment on the pleadings.



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4.  It is ordered that effective January 1, 2012, subdivision 57.09 of Rule 57 be and the same is hereby repealed and a new subdivision 57.09 adopted in lieu thereof to read as follows:

57.09   SUBPOENA FOR TAKING DEPOSITION
 
(a) For Attendance of Witnesses; Form; Issuance.   Every subpoena for a deposition shall:
 
(1) Be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or Rule 57.06 or by the clerk of the court in which the civil action is pending;
 
(2) State the name of the court and the style of the civil action;
 
(3) State the name, address and telephone number of all attorneys of record and self-represented parties; and
 
(4) Command each person to whom it is directed to attend and give testimony at a time and place therein specified.
 
(b) For Production of Documents and Things.  In conjunction with a deposition properly noticed under Rule 57.03, a subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.
 
The court may:

 
(1) Quash or modify the subpoena if it is unreasonable or oppressive, or
 
(2) Require the party who issued and served the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.
 
(c) Subpoena to a Non-Party.  A subpoena to a non-party pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance.   The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading.   A party objecting to the subpoena may seek a protective order under Rule 56.01(c).
 
A party or attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a non-party subject to the subpoena.
 
With the agreement of all parties, the non-party may be excused from appearance at the deposition 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 deposition.
 
Upon request by any party, the non-party shall also produce with the subpoenaed items a business records affidavit of the custodian of records.  
 
A non-party commanded to produce and permit inspection and copying may serve the party who issued and served the subpoena with a written objection to inspection and copying of any or all of the designated items.  The objection shall state specific reasons why the subpoena should be quashed or modified.  
 
The objection shall be served on all parties to the action within 10 days after service of the subpoena or before the time specified for compliance, whichever is earlier.
 
If a timely and specific objection is made, the party who issued and served the subpoena shall not be entitled to inspect or copy the subpoenaed items except pursuant to an order of the court.
 
Upon notice to the non-party commanded to produce, the party who issued and served the subpoena may move at any time for an order to compel production.
 
(d) Service.  A subpoena may be served by: 
 
(1) The sheriff or a sheriff's deputy, or
 
(2) Any other person who is not a party and is not less than 18 years of age.
 
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.
 
(e) Authorization to Issue Subpoena.  Proof of service of a notice to take a deposition as provided in Rules 57.03 and 57.04 is sufficient to authorize the issuance of a subpoena for taking a deposition.
 
(f) Contempt. Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
 

5.  It is ordered that effective January 1, 2012, subdivision 58.02 be and the same is hereby adopted to read as follows:

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

(a) Scope.  A party may serve a subpoena on a non-party to: 

(1) Produce and permit inspection and copying of any designated documents, or
 
(2) Permit inspection, copying testing, or sampling of any tangible things that constitute or contain matters within the scope of Rule 56.01(b) and that are in the possession, custody or control of the non-party.
 
(3) Every such subpoena for document production and things shall:
 
(A) Be issued by the clerk of the court in which the civil action is pending;
 
(B) State the name of the court and the style of the civil action;
 
(C) State the name, address, and telephone number of all attorneys of record and self-represented parties.
 
(b) Time.  A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance.  
 
(c) Notice to Parties.  The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.  A party objecting to the subpoena may seek a protective order under Rule 56.01(c).
 
(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.
 
The non-party shall appear and produce the subpoenaed items for copying and inspection by all parties at the place, date, and time specified by the subpoena.  However, if all parties agree in writing, a non-party may comply with the subpoena by producing the subpoenaed items pursuant to that written agreement.  The party responsible for issuance and service of the subpoena is responsible for advising the non-party, in writing, of the agreed upon directions, with a copy to all attorneys of record and self-represented parties.  Absent such agreement, the subpoenaed items shall only be produced at the place, date, and time specified by the subpoena for all parties to inspect and 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.  
 
(e) Protection of Non-Party.   

(1) A party or attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a non-party subject to the subpoena.
 
(2) A non-party commanded to produce and permit inspection and copying may serve the party who issued and served the subpoena with a written objection to inspection and copying of any or all of the designated items.  The objection shall state specific reasons why the subpoena should be quashed or modified.  The objection shall be served on all parties to the action within 10 days after service of the subpoena or before the time specified for compliance, whichever is earlier.
 
(3) If a timely and specific objection is made, the party who issued and served the subpoena shall not be entitled to inspect or copy the subpoenaed items except pursuant to an order of the court.
 
(f) Contempt. Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending. 

6.  It is ordered that effective January 1, 2012, subdivision 78.07(a) of Rule 78 be and the same is hereby repealed and a new subdivision 78.07(a) adopted in lieu thereof to read as follows:

78.07  AFTER-TRIAL MOTION - ALLEGATIONS OF ERROR REQUIRED

(a) In jury tried cases, except as otherwise provided in this Rule 78.07, allegations of error must be included in a motion for a new trial in order to be preserved for appellate review.

The following matters need not be included in such motion to preserve the allegations of error:

 
(1) Questions of jurisdiction over the subject matter;
 
(2) Questions presented in motions for judgment under Rule 72.01(b); and
 
(3) Questions relating to motions for directed verdict that are granted at trial.

Where definite objections or requests were made during the trial in accordance with Rule 78.09, including specific objections to instructions, a general statement in the motion of any allegations of error based thereon is sufficient.

Allegations of error based on matters occurring or becoming known after final submission to the court or jury shall be stated specifically.



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7.  It is ordered that effective January 1, 2012, subdivision 81.04 of Rule 81 be and the same is hereby repealed and a new subdivision 81.04 adopted in lieu thereof to read as follows:

81.04  APPEALS, WHEN AND HOW TAKEN - CROSS APPEALS - DOCKET FEES

(a) Filing the Notice of Appeal.  If an appeal is permitted by law from a trial court, a party may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal.  No such appeal shall be effective unless the notice of appeal shall be filed not later than 10 days after the judgment or order appealed from becomes final.

(b) Style of Case.  The party appealing shall be known as the appellant and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal.

(c) Cross Appeals.  If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 10 days of the date the first notice of appeal was filed.

(d) Docket Fees.  The appellate court docket fee, including all surcharges, is $70.

(e) Presenting Notice of Appeal to Clerk.  The trial court clerk shall note on a notice of appeal the date it was received if it is accompanied by:

 
(1) The docket fee; or
 
(2) A statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or
 
(3) A motion to prosecute the appeal in forma pauperis.
 

(f) Date notice of appeal is filed.  A notice of appeal received by the trial court clerk with a docket fee or with a statement demonstrating no docket fee is required is deemed filed on the date the clerk receives it.

A notice of appeal received with a motion to prosecute the appeal in forma pauperis is deemed filed on the date the notice is received if the motion to prosecute the appeal in forma pauperis is granted.  If the motion is not granted and the time for filing the notice of appeal has not expired, a notice of appeal with a docket fee or with a statement demonstrating no docket fee is required may be presented to the clerk and shall be treated as though no motion to prosecute the appeal in forma pauperis was filed.

(g) Trial Court Clerk’s Duty to Notify.  The clerk shall give notice of the filing of the notice of appeal and shall transmit the notice of appeal and any jurisdictional statement to the appellate court as provided in Rule 81.08.

(h)  Class Action Certification Appeal.  Petitions to appeal an order granting or denying class action certification shall be filed as provided in Rule 84.035.

8.  It is ordered that effective January 1, 2012, subdivision 83.05 and subdivision 83.06 of Rule 83 be and the same are hereby repealed and a new subdivision 83.05 and a new subdivision 83.06 adopted in lieu thereof to read as follows:

83.05 APPLICATION – FORM – CONTENTS
 
(a) The application for transfer mentioned in Rules 83.01, 83.02, and 83.04 may be printed or typewritten and shall not exceed 12 pages.

(b) The applicant shall concisely set out on the first page of the application the questions of general interest and importance, the existing law that requires reexamination, and the opinions of the appellate courts of this state that are contrary to the opinion of the court of appeals sought to be reviewed.  The application may allege more than one ground, concurrently or in the alternative.

The applicant shall express the ground or grounds for transfer in the terms and circumstances of the case but without unnecessary detail.  The matters shall be set out in short and concise terms that are not argumentative or repetitious.  No other information shall appear on the page setting out the reasons for seeking transfer.

The failure to set out necessary matters with accuracy, brevity and clearness shall be a sufficient reason for denying the application.

(c) The remainder of the application shall contain a statement of the facts pertinent to the application and a discussion of the legal basis upon which the applicant seeks transfer.

(d) Exhibits consisting of written documents that are included in or attached to the application shall be counted as part of the application for purposes of the page limitation contained in Rule 83.05(a).  No other exhibits shall be included in or attached to the application or shall otherwise be filed.

(e) The original application for transfer filed in this Court and each copy of the application required by Rule 84.25(b) shall be accompanied by a cover page substantially in conformity with Civil Procedure Form No. 15 and by the following:

 
(1) The opinion or order of disposition of the court of appeals, and
 
(2) The motion for rehearing, if any, and application for transfer filed in the court of appeals.

(f) The original application for transfer filed in this Court shall be accompanied by the following:

 
(1) The docket fee in the amount specified by Rule 81.04(d);
 
(2) Proof of notice to the clerk of the court of appeals;
 
(3) A copy of the notice from the court of appeals denying the motion for rehearing, if any, and application for transfer to this Court filed in the court of appeals; and
 
(4) Proof of service on all parties as provided in Rule 84.01.

(g) When a memorandum decision or written order has been issued by the court of appeals as provided by Rule 30.25 or Rule 84.16, the application filed in this Court shall be accompanied by one copy of each brief filed in the court of appeals.

 (h) All parties shall be served with a copy of any application for transfer on or before the date of filing.

83.06  SUGGESTIONS IN OPPOSITION

If a court requests a response to an application for transfer made under Rules 83.01, 83.02, or 83.04, within 10 days after such request, any other party may file and serve suggestions in opposition to the application, not to exceed six pages.

Exhibits consisting of written documents that are included in or attached to the suggestions shall be counted as part of the suggestions for purposes of the page limitation.  No other exhibits shall be included in or attached to the suggestions or shall otherwise be filed.

 
9.  It is ordered that effective January 1, 2012, subdivision 84.04(h) and subdivision 84.24 of Rule 84 be and the same are hereby repealed and a new subdivision 84.04(h) and a new subdivision 84.24 adopted in lieu thereof to read as follows:

84.04  BRIEFS - CONTENTS

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(h) Appendix.   A party's brief shall contain or be accompanied by an appendix containing the following materials, unless the material has been included in a previously filed appendix:

 
(1) The judgment, order, or decision in question, including the relevant findings of fact and conclusions of law filed in a judge-tried case or by an administrative agency;
 
(2) The complete text of all statutes, ordinances, rules of court, or agency rules claimed to be controlling as to a point on appeal;  and
 
(3) The complete text of any instruction to which a point relied on relates.

An appendix also may set forth matters pertinent to the issues discussed in the brief such as copies of exhibits, excerpts from the written record, and copies of new cases or other pertinent authorities.

The appendix shall have a separate table of contents.  If the appendix contains fewer than 30 pages, it shall be bound into the back of the party's brief.  If the appendix is 30 pages or more, it shall be separately bound and shall have the same color cover as the brief it accompanies.

The pages in the appendix shall be numbered consecutively beginning with page A1.  The pages in the appendix shall not be counted as a part of the brief.  An appendix shall not be subject to Rule 84.06(g) relating to disks.

The inclusion of any matter in an appendix does not satisfy any requirement to set out such matter in a particular section of the brief.

84.24  PROCEDURE AS TO ORIGINAL WRITS

(a) Proceedings on petitions for original remedial writs shall be as prescribed in these Rules 84.22 through 84.26 and in Rules 91 through 98 as applicable.  Petitions for original remedial writs shall be accompanied by a docket fee in the amount specified by Rule 81.04(d).

The petition shall be filed by the clerk of the court to which it is presented upon presentation of:

 
(1) The appropriate number of copies of the petition and the writ summary, which shall not exceed one page exclusive of the caption and identity of the parties and their attorneys in the underlying action, substantially in conformity with Civil Procedure Form No. 16;
 
(2) Suggestions in support of the petition;
 
(3) The docket fee; and
 
(4) Proof of service, prior to or on the day of presentation of the petition for filing, of a copy of the petition, the writ summary, and the suggestions in support of the petition upon the respondent and, if applicable, all parties in the underlying action.  Such proof of service shall state the name, address, and telephone number of:
 
(A) Each attorney served and the name of the party such attorney represents, and
 
(B) Each self-represented party served.

(b) The filing of a petition for an original remedial writ does not affect the authority of the respondent to act or the validity of the respondent's action.

(c) Within 10 days after the filing of the petition for an original writ, the respondent may file suggestions in opposition to the issuance of the writ.  Within that same time, any party in the underlying matter may file suggestions in opposition, either individually or jointly with any other person filing such suggestions.  A copy of such suggestions shall be served on the petitioner or relator prior to or on the day of filing of such suggestions.  Proof of such service shall be filed with the clerk.

(d) Except as provided in Rule 84.24(e), the writ shall not issue before the expiration of the time for the respondent to file suggestions in opposition to the issuance of the writ.  A denial of the petition for the writ may be made at any time after filing of the petition.  If a preliminary writ is issued, an answer to the petition shall be filed within such time as the court specifies by order.  Within that same time, any party in the underlying matter may file an answer to the petition, either individually or jointly with any other person filing an answer.

(e) Whenever in the judgment of the court the purpose of the writ would be defeated if the time limits set forth in Rule 84.24(c) or Rule 84.24(d) are enforced, the court, on motion of the petitioner or relator or on its own motion, may shorten the time for filing suggestions in opposition to the petition or dispense with such time limits altogether, and it may issue the writ upon the expiration of the time as so shortened or, if the court dispenses with such time, immediately.

(f) Oral argument will not be granted on petitions for original remedial writs.

(g) The petition for the writ, together with the suggestions in support thereof, any exhibits accompanying the petition, all suggestions in opposition, the writ and return of service thereon, all answers made to the petition for the writ, and all other papers, documents, orders, and records filed in the appellate court constitute the record.  No record under Rule 81.12 is required.

(h) The transcript of the evidence heard by a master, and the report of such master, may be in typewritten form.

(i) If the writ is issued, briefs shall be filed as is required on appeals, except that the time for filing the briefs shall be as follows:  The brief of the petitioner or relator shall be filed within 30 days from the answer date in the preliminary order, respondent's brief shall be filed within 20 days thereafter; and if petitioner or relator desires to file a reply brief, it shall be filed within 10 days thereafter.  When a master is appointed, the time for filing briefs shall date from the filing of the report or, if exceptions are filed, from the time of disposition of the exceptions.

(j) Whenever in the judgment of the court the procedure heretofore required would defeat the purpose of the writ, the court may dispense with such portions of the procedure as is necessary in the interest of justice.

(k) No petition for a writ of habeas corpus for the purpose of having the petitioner admitted to bail in any criminal case, either before trial or while such is pending in the appellate court upon appeal, shall be considered unless service of the petition and suggestions in support thereof, as required by Rule 84.24(a), be made upon the attorney general in cases pending upon appeal or otherwise on the prosecuting officer of the jurisdiction in which such criminal case originated.

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

(n) If the court disposes of a petition for a writ by the issuance of an opinion, further review of the action shall be allowed only as provided in Rule 83 and Rule 84.17.

10.  It is ordered that the reference to "Rule 4-1.2(d)" in Comment [4] to subdivision 4-8.4 be corrected to reference "Rule 4-1.2(f)."
 
11.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
12.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

___________________________
WILLIAM RAY PRICE, JR.
Chief Justice