Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 54.11, entitled "Service on Resident or Nonresident Motor Carrier," of Rule 54, entitled "Issuance and Service of Summons and Other Process." 

(2) Repeal of subdivision 76.02, entitled "Form of Writ of Execution," of Rule 76, entitled "Executions."

(3) Repeal of subdivision 81.04(d), entitled "Docket Fees," subdivision 81.12(e), entitled "Errors - Omissions - Supplemental Record on Appeal," and subdivision 81.16, entitled "Exhibits - Records on Appeal - Transcript, Exhibits Need Not Be Incorporated," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.04(d), entitled "Docket Fees," a new subdivision 81.12(e), entitled "Exhibits - Appellant Shall Deposit," a new subdivision 81.12(f), entitled "Errors - Omissions - Supplemental Record on Appeal," and a new subdivision 81.16, entitled "Exhibits - Records on Appeal - Transcript, Exhibits Need Not Be Incorporated."
 
(4) Repeal of subdivision 92.01, entitled "Who May Grant," of Rule 92, entitled "Injunctions," and in lieu thereof adoption of a new subdivision 92.01, entitled "Who May Grant."

(5) Repeal of Criminal Procedure Form No. 23, entitled "General Affidavit of Qualification of Bondsmen;" Criminal Procedure Form No. 24, entitled "Special Affidavit of Qualification of Bondsmen;" "Petition," "Petition for a Minor," "Counterclaim Arising Out of Same Transaction," "Counterclaim Not Arising Out of Same Transaction," "Satisfaction of Judgment," and "Dismissal" under Rule 152, entitled "Forms for Small Claims Division;" and "Petition for Expungement of Arrest Records" under Rule 155, entitled "Expungement of Arrest Records."

(6) Correction of Civil Procedure Form No. 6-A, entitled "Order for Service by Publication of Notice."

1.  It is ordered that effective July 1, 2006, subdivision 54.11 of Rule 54 be and the same is hereby repealed.

2.  It is ordered that effective July 1, 2006, subdivision 76.02 be and the same is hereby repealed.  A correct form for writ of execution can be found at http://www.courts.mo.gov and following the link to "Court Forms."

3.  It is ordered that effective July 1, 2006, subdivisions 81.04(d), 81.12(e), 81.12(f), and 81.16 of Rule 81 be and the same are hereby repealed and a new subdivision 81.04(d), a new subdivision 81.12(e), a new subdivision 81.12(f), and a new subdivision 81.16 adopted in lieu thereof to read as follows:

81.04  APPEALS, WHEN AND HOW TAKEN - CROSS APPEALS -
DOCKET FEES


*     *     *

(d) Docket Fees.   The appellate court docket fee, including all
 surcharges, is $70. It shall be paid to the trial court clerk when
 the notice of appeal is filed.
No trial court clerk shall accept or file a notice of appeal unless:

(1) The docket fee is deposited therewith; or



(2) The appellant is not required by law to pay the docket fee;

  or

(3) An order permitting the appellant to prosecute the appeal in

 forma pauperis accompanies the notice of appeal.





81.12  CONTENTS OF THE RECORD ON APPEAL - DESIGNATION
OF THE RECORD ON APPEAL - COMPILING, ORDERING,
FILING AND SERVICE OF RECORD ON APPEAL - ERRORS,
OMISSIONS AND SUPPLEMENTAL RECORD ON APPEAL


*     *     *
(e)  Exhibits - Appellant Shall Deposit.  Appellant is responsible for depositing all exhibits that are necessary for the determination of any point relied on.  If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for deposit with the court.  The party having custody shall either promptly deliver them to appellant or deposit them with the court.  Respondent may deposit such additional exhibits as respondent considers necessary.
All exhibits shall be deposited pursuant to Rule 81.16.
A party depositing exhibits with the appellate court shall serve on all other parties on the day of deposit a listing and description of the exhibits deposited.
(f) Errors - Omissions - Supplemental Record on Appeal.  If anything material is omitted from the record on appeal, the parties, by stipulation, or the appellate court, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement be corrected.  The appellate court may, if it deems necessary, order that a supplemental record on appeal be prepared and filed by either party or by the clerk of the trial court including any additional part of the trial record, proceedings, and evidence, or the clerk may be directed to send up any original documents or exhibits.

81.16  EXHIBITS - RECORDS ON APPEAL - TRANSCRIPT,
EXHIBITS NEED NOT BE INCORPORATED
(a) If original exhibits are necessary to the determination of any point relied on, they shall be deposited in the appellate court.
(b) If it is impracticable to deposit any exhibit, it may be represented by photograph, mechanical drawing, or other means that fairly depict the exhibit.
(c) Original exhibits shall be deposited with the appellate court on or before the day the reply brief is due or when the court so directs, whichever is earlier.  Any exhibits not timely deposited may be considered by the court as immaterial to the issues on appeal.  
(d) Unless deposited exhibits are removed from the custody of the clerk within 30 days after the case is finally decided, upon prior notice to the parties, they may be destroyed or disposed of by the clerk.  Exhibits shall not be destroyed or disposed of in post-conviction proceedings.

4.  It is ordered that effective July 1, 2006, subdivision 92.01 of Rule 92 be and the same is hereby repealed and a new subdivision 92.01 adopted in lieu thereof to read as follows:

92.01  WHO MAY GRANT

Injunctions may be granted by a circuit or associate circuit judge.

5.  It is ordered that effective July 1, 2006, the following forms be and the same are hereby repealed.  Correct forms can be found at http://www.courts.mo.gov and following the link to "Court Forms."

Criminal Procedure Form No. 23, "General Affidavit of Qualification of Bondsmen;"
Criminal Procedure Form No. 24, "Special Affidavit of Qualification of Bondsmen;"

"Petition," "Petition for a Minor," "Counterclaim Arising Out of Same Transaction," "Counterclaim Not Arising Out of Same Transaction," "Satisfaction of Judgment," and "Dismissal" under Rule 152;
"Petition for Expungement of Arrest Records" under Rule 155.

6.  It is ordered that effective July 1, 2006, the reference to "Rule 54.17" in Civil Procedure Form No. 6-A be changed to refer to "Rule 54.12(c)."

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

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

Day – to – Day

_____________________________
MICHAEL A. WOLFF
Chief Justice