Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 78.04, entitled "Motion for New Trial - Time for Filing," of Rule 78, entitled "New Trials - After-trial Motions - Preservation of Error," and in lieu thereof adoption of a new subdivision 78.04, entitled "Motion for New Trial - Time for Filing."

(2) Correction to rule cross-references in subdivision 92.02(b)(6), entitled "Sanction for Failure to Provide Required Notice," of Rule 92, entitled "Injunctions."

(3) Correction to rule cross-references in Comment [10] to subdivision 4-1.2, entitled "Scope of Representation," of Rule 4, entitled "Rules of Professional Conduct."


1.  It is ordered that effective January 1, 2010, subdivision 78.04 of Rule 78 be and the same is hereby repealed and a new subdivision 78.04 adopted in lieu thereof to read as follows:

78.04 MOTION FOR NEW TRIAL - TIME FOR FILING

Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment.  Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.  If the motion is filed prematurely, the motion shall be considered as filed immediately after the time the judgment is finally entered.

2.  It is further ordered that effective July 1, 2009, the cross-references to "Rule 55.03(b)" and "Rule 55.03(c)(1)(A)" contained in subdivision 92.02(b)(6) of Rule 92 be corrected to reference "Rule 55.03(c)" and "Rule 55.03(d)(1)(A)," respectively.

3.  It is further ordered that effective July 1, 2009, the cross-references to "Rule 4-1.2(d)" contained in Comment [10] of subdivision 4-1.2 of Rule 4 be corrected to reference "Rule 4-1.2(f)."

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

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

Day – to – Day

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LAURA DENVIR STITH
Chief Justice