Supreme Court of Missouri
en banc

 
In re:
 
(1) Adoption of subdivision 69.025, entitled "Juror Nondisclosure," of Rule 69, entitled "Trial by Jury."
 
(2) Repeal of subdivision 84.05(e), entitled "Where Circuit Court Reverses a Decision of an Administrative Agency," and subdivision 84.08, entitled "Involuntary Dismissal of Appeal - Notices," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.05(e), entitled "Where Circuit Court Reverses a Decision of an Administrative Agency," and a new subdivision 84.08, entitled "Involuntary Dismissal of Appeal - Notices."
 
(3) Correction of "an" in the first line of subdivision (f)(2) of subdivision 15.05, entitled "Continuing Legal Education Requirements," of Rule 15, entitled "Continuing Legal Education."
 
1.  It is ordered that effective January 1, 2011, subdivision 69.025 of Rule 69 be and the same is hereby adopted to read as follows:

69.025  JUROR NONDISCLOSURE
 
(a) Proposed Questions.  A party seeking to inquire as to the litigation history of potential jurors shall make a record of the proposed initial questions before voir dire.  Failure to follow this procedure shall result in waiver of the right to inquire as to litigation history.
 
(b) Reasonable Investigation.  For purposes of this Rule 69.025, a "reasonable investigation" means review of Case.net before the jury is sworn.
 
 (c) Opportunity to Investigate.  The court shall give all parties an opportunity to conduct a reasonable investigation as to whether a prospective juror has been a party to litigation.
 
(d) Procedure When Nondisclosure Is Suspected.  A party who has reasonable grounds to believe that a prospective juror has failed to disclose that he or she has been a party to litigation must so inform the court before the jury is sworn.  The court shall then question the prospective juror or jurors outside the presence of the other prospective jurors.
 
(e) Waiver.  A party waives the right to seek relief based on juror nondisclosure if the party fails to do either of the following before the jury is sworn:
 

(1) Conduct a reasonable investigation; or

 

(2) If the party has reasonable grounds to believe a prospective juror has failed to disclose that he or she has been a party to litigation, inform the court of the basis for the reasonable grounds.

 
(f) Post-Trial Proceedings.  A party seeking post-trial relief based on juror nondisclosure has the burden of demonstrating compliance with Rule 69.025(d) and Rule 69.025(e) and may satisfy that burden by affidavit.  The court shall then conduct an evidentiary hearing to determine if relief should be granted.
 

2.  It is ordered that effective January 1, 2011, subdivision 84.05(e) and subdivision 84.08 of Rule 84 be and the same are hereby repealed and a new subdivision 84.05(e) and a new subdivision 84.08 adopted in lieu thereof to read as follows:

84.05  WHEN AND BY WHOM SERVED AND FILED

(e) Where Circuit Court Reverses a Decision of an Administrative Agency.  If the circuit court reverses a decision of an administrative agency and the appellate court reviews the decision of the agency rather than of the circuit court, a party aggrieved by the circuit court decision shall file a notice of appeal and the record on appeal and shall file with the record on appeal a notice designating the party that is aggrieved by the agency decision.  The party aggrieved by the agency decision shall file the appellant's brief and reply brief, if any, and serve them within the time otherwise required for the appellant to serve briefs.
 
If a party who is aggrieved by an agency decision fails to file the first brief, that party shall be given notice of dismissal as required in Rule 84.08(b).
 
 
*     *     *
 
 
84.08   INVOLUNTARY DISMISSAL OF APPEALS - NOTICES
 
 
(a) After the timely filing of a notice of appeal, if the appellant fails to take the further steps required to secure review of the appeal within the periods of time allowed or as extended, the clerk shall place the case on a dismissal docket.  The clerk shall serve notice on all parties that the appeal will be dismissed unless the appellant remedies the default before a specified date.  The date shall not be less than 15 days from the date of the notice.  If the default is not remedied by that date, an order of dismissal shall be entered.
 
(b) If the party who is aggrieved by an agency decision fails to file the first brief as required under Rule 84.05, that party shall be given notice as required in Rule 84.08(a).  If the party fails to remedy the default, any party aggrieved by the circuit court decision may file a motion in the appellate court requesting that the judgment of the circuit court be vacated.
 

3.  It is ordered that effective January 1, 2011, the first line of subdivision 15.05(f)(2) is corrected by deleting the word "an" and inserting in lieu thereof the word "and."
 
4.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
5.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

___________________________
WILLIAM RAY PRICE, JR.
Chief Justice