Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 5.11, entitled "Copying of Tapes," of Court Operating Rule 5 and in lieu thereof adoption of a new subdivision 5.11, entitled "Copying of Tapes." 




1.  It is ordered that subdivision 5.11 of Court Operating Rule 5 be and the same is hereby repealed and a new subdivision 5.11 adopted in lieu thereof to read as follows:

COURT OPERATING RULE 5.11  -- COPYING OF TAPES

(a) Under the direction and supervision of the responsible clerk, an interested party may listen to or request a copy of a tape used to record proceedings of a trial except as provided in Court Operating Rule 5.11(b).  

(b) When the defendant is charged with sexual assault, domestic assault, stalking, or forcible rape, the clerk is prohibited by section 566.226, RSMo, from releasing identifying information of a victim to the public.  In such cases, the clerk shall not allow a person to listen to the tapes of the proceeding or provide a copy of the tape of the proceeding unless the requestor is a party or attorney in the case.  With respect to any other requestor and at the requestor's expense, the proceeding will be provided in redacted transcript format.

(c)  Rules and fees governing the copying of tapes may be adopted by local court rule. 

2.  The state courts administrator shall provide copies of this order to the chief judge and clerk of every district of the court of appeals, every presiding circuit court judge and circuit clerk, and such other persons as the administrator deems appropriate.

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

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

Day - to - Day

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LAURA DENVIR STITH
Chief Justice