Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivisions (a), (b), (c), (d), and (e) of subdivision 43.01, entitled "Service of Pleadings and Other Papers," of Rule 43, entitled "Service and Filing of Pleadings and Papers," and in lieu thereof adoption of new subdivisions (a), (b), (c), (d), and (e) of subdivision 43.01, entitled "Service of Pleadings and Other Papers."

(2) Repeal of subdivision 55.01, entitled "Pleading Required," and subdivisions (a) and (b) of subdivision 55.03, entitled "Signing of Pleadings, Motions and Other Papers; Appearance and Withdrawal of Counsel; Representations to Court; Sanctions," of Rule 55, entitled "Pleadings and Motions," and in lieu thereof adoption of a new subdivision 55.01, entitled "Pleading Required," and new subdivisions (a) and (b) of subdivision 55.03, entitled "Signing of Pleadings, Motions and Other Papers; Appearance and Withdrawal of Counsel; Representations to Court; Sanctions."

(3) Repeal of subdivision 57.01(c)(5), entitled "Signing," of Rule 57, entitled "Interrogatories and Depositions," and in lieu thereof adoption of a new subdivision 57.01(c)(5), entitled "Signing."

(4) Repeal of subdivision 59.01(a), entitled "Scope," of Rule 59, entitled "Admission of Facts and of Genuineness of Documents," and in lieu thereof adoption of a new subdivision 59.01(a), entitled "Scope."

(5) Repeal of subdivision 84.01, entitled "Motions, Pleadings and Other Papers - Signatures, Notice and Service;" subdivisions (a) and (b) of subdivision 84.05, entitled "Briefs - When and By Whom Served and Filed;" subdivision 84.07, entitled "Service of Motions, Briefs, and Records on Appeal;" subdivision 84.11, entitled "Notice, Service of;" and subdivision (a) of 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 84.01, entitled "Motions, Pleadings and Other Papers - Signatures, Notice and Service," new subdivisions (a) and (b) of subdivision 84.05, entitled "Briefs - When and By Whom Served and Filed," a new subdivision 84.11, entitled "Notice, Service of," and a new subdivision (a) of subdivision 84.24, entitled "Procedure as to Original Writs."

(6) Repeal of subdivision 90.01, entitled "Definitions," and subdivision 90.07(a), entitled "Interrogatories to Garnishee - Answers to Interrogatories - Exceptions - Response," of Rule 90, entitled "Garnishments and Sequestration," and in lieu thereof adoption of a new subdivision 90.01, entitled "Definitions," and a new subdivision 90.07(a), entitled "Interrogatories to Garnishee - Answers to Interrogatories - Exceptions - Response."

(7) Correction of title to subdivision 44.01 of Rule 44, entitled "Time."

(8) Correction of phrase "liable to satisfy part of all of a judgment" in subdivision 56.01(b)(2), entitled "Insurance Agreements," of Rule 56, entitled "General Provisions Governing Discovery."

(9) Correction of references to Rule 81.12(e) in subdivisions (a) and (b) of subdivision 81.15, entitled "Certification of Record on Appeal," of Rule 81, entitled "Appeals."

(10) Correction of the words "against who" in subdivision 92.02(a)(3), entitled "Required Notice" of Rule 92, entitled "Injunctions."

1.  It is ordered that effective July 1, 2010, subdivisions (a), (b), (c), (d), and (e) of subdivision 43.01 be and the same are hereby repealed and new subdivisions (a), (b), (c), (d), and (e) of subdivision 43.01 adopted in lieu thereof to read as follows:

43.01  SERVICE OF PLEADINGS AND OTHER PAPERS


(a) Service - When Required.  Each party shall be served with:


(1) Every pleading subsequent to the original petition;

(2) Every written motion, other than one that may be heard ex parte; and

(3) Every written notice, appearance, demand, offer of judgment, order, and similar paper that by statute, court rule, or order is required to be served.

No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons.

(b) Service – On Whom.  Whenever under these rules or any of the statutes of this state service is required or permitted to be made upon a party represented by an attorney of record, the service shall be made upon the attorney, unless the court orders service upon the party.  When more than one attorney represents a party, service may be made upon any such attorney.  If an attorney has filed an entry of limited appearance for an otherwise self-represented person, service shall be made on:


(1) The self-represented person, and

(2) Until the attorney files a termination of limited appearance, the attorney.

(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, except service to an electronic mail address.  Service to an electronic mail address can only be made on those who have filed a consent to such service substantially in the form of Civil Procedure Form No. 17.

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 to a consenting attorney; 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 to a consenting party; or

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

(d) Service - When Complete.  Personal service on attorneys and self-represented parties and service by leaving a copy at the attorney's office is complete upon delivery.

Service by mail is complete upon mailing.

Service by facsimile transmission or electronic mail is complete upon transmission, except that a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m. shall be complete on the next day that is not a Saturday, Sunday, or legal holiday.

(e) Service - How Shown.  Service may be shown by acknowledgment of receipt or by written certificate of the person making such service.  Certificates of service shall state the:

(1) Name of each person served;

(2) Date of service;

(3) Method of service; and

(4) Address of service, such as mailing address, facsimile number or electronic mail address.


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2.  It is ordered that effective July 1, 2010, subdivision 55.01 and subdivisions (a) and (b) of subdivision 55.03 of Rule 55 be and the same are hereby repealed and a new subdivision 55.01 and new subdivisions (a) and (b) of subdivision 55.03 adopted in lieu thereof to read as follows:

55.01  PLEADING REQUIRED


There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if a person who was not an original party is summoned under the provisions of Rule 52.11; and there shall be a third-party answer, if a third-party petition is served.  A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded.  No other pleading shall be required except as ordered by the court.

55.03  SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; APPEARANCE AND WITHDRAWAL OF COUNSEL; REPRESENTATIONS TO COURT; SANCTIONS


(a) Signature Required.  Every pleading, motion, and other filing shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party.  An attorney who assists in the preparation of a pleading, motion, or other filing for an otherwise self-represented person is not required to sign the document.  Every filing made electronically must add a certificate verifying that the attorney or party signed the original.  The original signed filing must be maintained by the filer for a period of not less than the maximum allowable time to complete the appellate process.
Below the signature shall be printed the signer’s name, Missouri bar number (if applicable), telephone number, facsimile number, and electronic mail address, if any.

An unsigned filing or an electronic filing without the required certification shall be stricken unless the omission is corrected promptly after being called to the attention of the attorney or party filing same.

(b) Appearance and Withdrawal of Counsel.  An attorney who appears in a case shall be considered as representing the parties for whom the attorney appears for all purposes in that case, except as otherwise provided in a written entry of limited appearance.  If an entry of limited appearance is filed, service shall be made as provided in Rule 43.01(b).

An attorney appears in a case by:


(1) Participating in any proceeding as counsel for any party unless limited by an entry of limited appearance;

(2) Signing the attorney's name on any pleading, motion, or other filing; however, if an attorney is identified on a pleading, motion, or other filing as having only assisted in the preparation of the pleading, motion, or other filing, the attorney has not entered an appearance in the matter; or

(3) Filing a written entry of appearance.  A written entry of appearance may be limited by its terms to a particular proceeding or matter.  If so limited, the written entry of appearance shall be titled "Entry of Limited Appearance" and shall state the physical and mailing addresses, telephone number, facsimile number, and electronic mail address, if any, of each person for whom the attorney is making a limited appearance.

An attorney may withdraw when the matter is completed or with leave of court.  An attorney who has filed an entry of limited appearance withdraws when the attorney has fulfilled the duties set forth in the entry of limited appearance and has filed a withdrawal memorandum titled "Termination of Limited Appearance" that states that the attorney has fulfilled such duties.

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 3.  It is ordered that effective July 1, 2010, subdivision 57.01(c)(5) of Rule 57 be and the same is hereby repealed and a new subdivision 57.01(c)(5) adopted in lieu thereof to read as follows:

57.01  INTERROGATORIES TO PARTIES


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(c) Response.   The interrogatories shall be answered by each party to whom they are directed.  If they are directed to a public or private corporation, limited liability company, partnership, association or governmental agency, they shall be answered by an officer or agent.  The party answering the interrogatories shall furnish such information as is available to the party.

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(5) Signing.  Answers shall be signed under oath by the person making them.  Objections shall be signed by the attorney making them or by the self-represented party.


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4.  It is ordered that effective July 1, 2010, subdivision 59.01(a) of Rule 59 be and the same is hereby repealed and a new subdivision 59.01(a) adopted in lieu thereof to read as follows:

59.01  REQUEST FOR AND EFFECT OF ADMISSIONS

(a) Scope.  After commencement of an action, a party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 56.01(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request.

A failure to timely respond to requests for admissions in compliance with this Rule 59.01 shall result in each matter being admitted.

The request for admissions shall have included at the beginning of said request the following language in all capital letters, boldface type, and a character size that is as large as the largest character size of any other material in the request:

"A FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH RULE 59.01 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE."


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5.  It is ordered that effective July 1, 2010, subdivision 84.01, subdivisions 84.05(a) and 84.05(b), subdivision 84.07, subdivision 84.11, and subdivision 84.24(a) of Rule 84 be and the same are hereby repealed and a new subdivision 84.01, new subdivisions 84.05(a) and 84.05(b), a new subdivision 84.11, and a new subdivision 84.24(a) adopted in lieu thereof to read as follows:

84.01  MOTIONS, PLEADINGS AND OTHER PAPERS - SIGNATURES, NOTICE AND SERVICE


(a) All motions, suggestions, and pleadings shall be:


(1) Signed by at least one attorney of record in the attorney's individual name or by the self-represented party; and

(2) Filed as provided in Rule 43.02.

Unless otherwise ordered by the court, suggestions in opposition thereto may be filed within five days after the date of service. No motion shall be argued unless by direction of the court.

(b) Service of motions, suggestions, and pleadings may be made in any manner permitted by Rule 43.01.  Service shall be as provided in Rule 43.01 upon an attorney of record or upon a self-represented party if there is no attorney of record.  Proof of service shall be made at the time of filing in the manner provided in Rule 43.01.

(c) Service of the record on appeal shall be made as provided in Rule 81.12.

(d) Service of a brief shall be made as provided in Rule 84.05 and, if service is made by electronic mail, shall comply with Rule 84.06.

84.05  BRIEFS - WHEN AND BY WHOM SERVED AND FILED


(a) Filing and Service - Time of.  Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file ten copies of the appellant's brief.  Within 30 days after the filing of appellant's brief, respondent shall file ten copies of respondent's brief.  Within 15 days after the filing of respondent's brief, the appellant may file ten copies of a reply brief.

The party filing a brief shall serve each other party with two copies of the brief unless Rule 84.06(g) or Rule 84.06(h) applies.  The appellate court may, by order in specific cases, either shorten or lengthen the periods prescribed above for filing briefs.  

Service of a brief shall be made by mail or in person, except that a brief may be served by facsimile transmission or electronic mail if the served party consents in writing to service by such method.  Proof of service shall be made at the time of filing in the manner provided in Rule 43.01.

(b) Filing and Service - Time of - Cross Appeals.  Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file ten copies of appellant's brief.  Within 30 days after the filing of the appellant's brief, respondent/cross-appellant shall file ten copies of respondent/cross-appellant's brief.  Within 30 days after the filing of respondent/cross-appellant's brief, appellant may file ten copies of appellant's brief in response to the cross appeal and in reply to the respondent's brief.  Within 15 days thereafter, the cross-appellant may file ten copies of cross-appellant's reply brief.

The party filing a brief shall serve each other party with two copies of the brief unless Rule 84.06(g) or Rule 84.06(h) applies.  The appellate court may, by order in specific cases, either shorten or lengthen the time prescribed above for serving and filing briefs.

Proof of service shall be made at the time of filing in the manner provided in Rule 43.01.


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84.11  NOTICE, SERVICE OF


Except where otherwise expressly provided, service of notice upon the adverse party shall be by written or electronic notice served as provided in Rule 43.01.
 
84.24  PROCEDURE AS TO ORIGINAL WRITS


(a) 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 .


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6.  It is ordered that effective July 1, 2010, subdivision 90.01 and subdivision 90.07(a) of Rule 90 be and the same are hereby repealed and a new subdivision 90.01 and a new subdivision 90.07(a) adopted in lieu thereof to read as follows:

90.01  DEFINITIONS


In this Rule 90:

(a) A "garnishor" is a judgment creditor;

(b) A "debtor" is a judgment debtor;

(c) A "garnishee" is the person summoned as garnishee in the writ of garnishment or levy;

(d) "Property subject to garnishment" is all goods, personal property, money, credits, bonds, bills, notes, checks, choses in action, or other effects of debtor and all debts owed to debtor.  "Property subject to garnishment" does not include funds of the debtor on deposit with a bank or other financial institution in an account in which all funds are:


(1) Deposited electronically on a recurring basis, and

(2) Reasonably identified as funds exempt from garnishment pursuant to section 513.430.1(10)(a), (b), or (c), RSMo.



90.07  INTERROGATORIES TO GARNISHEE - ANSWERS TO INTERROGATORIES - EXCEPTIONS - RESPONSE


(a) Interrogatories - Time for Filing - Service.  Prior to the issuance of the summons and writ of garnishment, the garnishor shall file written interrogatories asking the garnishee to:


(1) List and describe the property subject to garnishment in the possession, charge, or control of the garnishee;  

(2) State the name and last known address of any person, other than debtor, whom the garnishee knows claims or may claim an interest in or to the property subject to garnishment; and

(3) If the garnishee is a bank or other financial institution, state whether at the time the writ of garnishment was served or at any subsequent time did the debtor have funds on deposit in an account in which all funds are:


(A) Deposited electronically on a recurring basis, and

(B) Reasonably identified as being funds on deposit that are exempt from garnishment pursuant to section 513.430.1(10)(a), (b) or (c), RSMo;

and, if so, identify each account, state the reason for the believed exemption, and identify the entity electronically depositing those funds.

The interrogatories shall be served simultaneously with the summons and writ of garnishment. 

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7.  It is ordered that effective July 1, 2010, the word "Turn" in the title to subdivision Rule 44.01 of Rule 44 be corrected to the word "Term," so that the title will read: "Time, Computation of - Extension - Expiration of Term - Service of Motions."

8.  It is ordered that effective July 1, 2010, the phrase "liable to satisfy part of all of a judgment" in subdivision 56.01(b)(2) of Rule 56 be corrected so that the phrase shall read: "liable to satisfy part or all of a judgment."

9.  It is ordered that effective July 1, 2010, the references to "Rule 81.12(e)" in subdivisions (a) and (b) of subdivision 81.15 of Rule 81 be corrected so that the references shall be to "Rule 81.12(f)."

10.  It is ordered that effective July 1, 2010, the words "against who" in subdivision 92.02(a)(3) of Rule 92 be corrected so that the words read: "against whom."  

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