Supreme Court of Missouri
en banc

In re:

(1) Adoption of a new subdivision 56.02, entitled “Master for Discovery,” of Rule 56, entitled “General Provisions Governing Discovery.”

(2) Repeal of subdivision 57.06, entitled “Commissioner for Deposition,” of Rule 57, entitled “Interrogatories and Depositions.”

(3) Adoption of a new subdivision (h) of subdivision 68.01, entitled “Masters in Circuit Courts,” of Rule 68, entitled “Masters and Receivers.”

(4) Repeal of subdivision (a) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents,” of Rule 81, entitled “Appeals,” and in lieu thereof adoption of a new subdivision (a) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents.”

(5) Repeal of subdivision (6) of subdivision 84.06(a), entitled “Size - Type - Form,” of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision (6) of subdivision 84.06(a), entitled “Size - Type - Form."

(6) Repeal of subdivision 90.07(b), entitled “Answer to Interrogatories - Time for Filing,” and subdivision 90.07(c), entitled “Exceptions to Answers to Interrogatories - Time for Filing,” of Rule 90, entitled “Garnishments and Sequestration,” and in lieu thereof adoption of a new subdivision 90.07(b), entitled “Answer to Interrogatories - Time for Filing,” and a new subdivision 90.07(c), entitled “Exceptions to Answers to Interrogatories - Time for Filing.”

(7) Correction of reference to "19___" in all Civil, Criminal and other Procedure Forms.


1.  It is ordered that effective January 1, 2008, subdivision 56.02 of Rule 56 be and the same is hereby adopted to read as follows:

56.02  MASTER FOR DISCOVERY

A master may be appointed to preside over the taking of a deposition or determine other discovery issues pursuant to Rule 68.01(h).

2.  It is ordered that effective January 1, 2008, subdivision 57.06 of Rule 57 be and the same is hereby repealed.

3.  It is ordered that effective January 1, 2008, subdivision 68.01(h) of Rule 68 be and the same is hereby adopted to read as follows:

68.01  MASTERS IN CIRCUIT COURTS


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(h) Upon motion, the court may appoint a master to preside at the taking of a deposition or to determine other discovery issues.  The master shall be a member of The Missouri Bar.  

In addition to the authority conferred on officers to take depositions, the master shall have the authority to determine all objections to evidence or discovery and exclude evidence or discovery that is not within the scope of discovery as defined in Rule 56.01(b).  Upon request of a party, the master shall report any rulings on evidence or discovery to the court.

 
4.  It is ordered that effective January 1, 2008, subdivision 81.18(a) of Rule 81 be and the same is hereby repealed and a new subdivision 81.18(a) adopted in lieu thereof to read as follows:

81.18  FORM OF TYPEWRITTEN TRANSCRIPTS AND OTHER DOCUMENTS

(a) Typewritten documents shall be legible, on paper of size 8 1/2 X 11 inches, securely bound and paged at the bottom.

Documents shall be on bond paper weighing not less than nine pounds to the ream, shall be typed on one side of the paper, shall be double-spaced, and shall have a left margin of not less than one inch.

If a cover is required, the documents shall have a tan cover.

The type used shall be not less than a ten pitch and ten characters to the inch in a fixed space type.  If a proportionally spaced type is used, it shall be not smaller than 13 point, Times New Roman font on Microsoft Word.


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5.  It is ordered that effective January 1, 2008, subdivision (6) of subdivision 84.06(a) of Rule 84 be and the same is hereby repealed and a new subdivision (6) of subdivision 84.06(a) adopted in lieu thereof to read as follows:

84.06  FORM OF BRIEFS - DISK REQUIRED, WHEN

(a) Size - Type - Form.  A brief should be prepared using computer software.  Such brief shall:


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(6) Use characters throughout the brief, including footnotes, that are not smaller than 13 point, Times New Roman font on Microsoft Word;


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6.  It is ordered that effective January 1, 2008, subdivision 90.07(b) and subdivision 90.07(c) of Rule 90 be and the same are hereby repealed and a new subdivision 90.07(b) and a new subdivision 90.07(c) adopted in lieu thereof to read as follows:

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


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(b) Answer to Interrogatories - Time for Filing.  


The garnishee shall file and serve verified answers to the interrogatories during the ten days immediately after the return date of the writ.

(c) Exceptions to Answers to Interrogatories - Time for Filing.  The garnishor shall file any exceptions to the interrogatory answers asserting any objections to the answers and asserting all grounds upon which recovery is sought against the garnishee.

The exceptions shall be filed within the later of:

(A) Ten days after service of the answers, or

(B) 20 days after the return date of the writ.

The garnishee's answers to interrogatories are conclusively binding against the garnishor if the garnishor does not timely file exceptions to the interrogatory answers.


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  7.  It is ordered that effective January 1, 2008, the reference to "19__" when indicating a current date in Civil, Criminal and other Procedure Forms shall be changed to refer to "20__".

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

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

Day – to – Day

_____________________
MICHAEL A. WOLFF
Chief Justice