Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision (b) of subdivision 24.03, entitled "Felonies - Guilty Pleas - Record," of Rule 24, entitled "Misdemeanors or Felonies - Arraignment and Proceedings Before Trial," and in lieu thereof adoption of new subdivision (b) of subdivision 24.03, entitled "Felonies - Guilty Pleas - Record."

(2) Adoption of a new subdivision 24.037, entitled "Probation and Judicial Parole Violations - Procedure," of Rule 24, entitled "Misdemeanors or Felonies - Arraignment and Proceedings Before Trial."

(3) Repeal of subdivision 29.07(f), entitled "Revocation of Probation or Parole," of Rule 29, entitled "Misdemeanors or Felonies - Verdict, Sentence, and New Trial."

(4) Adoption of a new Rule 29.18, entitled "Probation Violations - Procedure," of Rule 29, entitled "Misdemeanors or Felonies - Verdict, Sentence, and New Trial."

(5) Repeal of subdivision (a) of subdivision 51.05, entitled "Change of Judge - Procedure," of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge," and in lieu thereof adoption of a new subdivision (a) of subdivision 51.05, entitled "Change of Judge - Procedure."

(6) Correction of statutory reference in subdivision 110.01, entitled "Applicability of Rules," of Rule 110, entitled "General Provisions."

(7) Correction of intersectional cross-reference in comment to subdivision 113.02, entitled "Amendment of Petition," of Rule 113, entitled "Petition."

(8) Correction of cross-reference in Committee Note - 1983 to subdivision 84.17, entitled "Post-disposition Motions," of Rule 84, entitled "Procedure in All Appellate Courts."


1.  It is ordered that effective January 1, 2011, subdivision (b) of subdivision 24.03 of Rule 24 be and the same is hereby repealed and new subdivision (b) of subdivision 24.03 adopted in lieu thereof to read as follows:

24.03  FELONIES – GUILTY PLEAS – RECORD

When a defendant enters a plea of guilty to a felony, the court reporter shall:

*     *     *

(b) Prepare a transcript of such proceedings when a motion is filed under Rule 24.035.  The circuit clerk shall notify the court reporter that the motion has been filed, and the transcript shall be prepared within 30 days from the date the reporter receives the notice.



*     *     *

2.  It is ordered that effective January 1, 2011, subdivision 24.037 of Rule 24 be and the same is hereby adopted to read as follows:

24.037  PROBATION AND JUDICIAL PAROLE VIOLATIONS -  PROCEDURE

Probation or judicial parole violation proceedings after a plea of guilty are governed by Rule 29.18.

 3.  It is ordered that effective January 1, 2011, subdivision 29.07(f) be and the same is hereby repealed.

4.  It is ordered that effective January 1, 2011, subdivision 29.18 of Rule 29 be and the same is hereby adopted to read as follows:

29.18  PROBATION VIOLATIONS - PROCEDURE

(a) Nature of Proceeding - Rules of Civil Procedure Apply.  Court hearings involving a person serving a term of probation or judicial parole are governed by this Rule 29.18.  This Rule 29.18 provides the exclusive procedure for conducting such hearings.  The procedure to be followed for such hearings is governed by the rules of civil procedure insofar as applicable except as provided in Rule 29.18(e).

(b)  Clerk’s Duties.  The clerk shall file any motions to revoke probation or judicial parole in the underlying criminal file.

(c)  Change of Judge.  Any application for change of judge shall be governed by Rule 51.05.  A party shall not be allowed a change of judge from a judge who presided over the underlying criminal case or a previous motion to revoke probation in the underlying case.

(d) Revocation of Probation or Parole.  A court may revoke probation or parole upon compliance with section 559.036, RSMo, but not otherwise.  The defendant may be conditionally released pending final hearing.  

(e)  Discovery.  The rules applicable to criminal cases shall govern discovery.

5.  It is ordered that effective January 1, 2011, subdivision (a) of subdivision 51.05 of Rule 51 be and the same is hereby repealed and a new subdivision (a) of subdivision 51.05 adopted in lieu thereof to read as follows:

51.05  CHANGE OF JUDGE - PROCEDURE

(a)  A change of judge shall be ordered in any civil action upon the timely filing of a written application therefor by a party.  For purposes of this Rule 51, proceedings to revoke probation or judicial parole and motions to modify child custody, child support, or spousal maintenance filed pursuant to chapter 452, RSMo, are not independent civil actions unless the judge designated to rule on the motion is not the same judge that ruled on the previous independent action.  The application need not allege or prove any cause for such change of judge and need not be verified.


*     *     *

6.  It is ordered that effective January 1, 2011, the reference to sections "210.700 to 210.760" in subdivision 110.01 of Rule 110 be corrected so that the reference is to sections "210.710 to 210.764."

7.  It is ordered that effective January 1, 2011, the reference to "Rules 55.53, 55.54" in the Cross-reference to the Comment to subdivision 113.02 of Rule 113 be corrected to reference "Rule 55.33."

8.  It is ordered that effective January 1, 2011, the reference to "Rule 83.03" in the Committee Note - 1983 to subdivision 84.17 of Rule 84 be corrected to reference "Rule 83.04."

9.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

10.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

__________________________
WILLIAM RAY PRICE, JR.
Chief Justice