Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 76.16, entitled "Notice of Sale," of Rule 76, entitled "Executions," and in lieu thereof adoption of a new subdivision 76.16, entitled "Notice of Sale."
(2) Repeal of subdivision (a)(1) 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 (a)(1) of subdivision 84.24, entitled "Procedure as to Original Writs."
(3) Repeal of subdivision 94.03, entitled "Petition in Mandamus - Contents - Exhibits," of Rule 94, entitled "Mandamus," and in lieu thereof adoption of a new subdivision 94.03, entitled "Petition in Mandamus - Contents - Exhibits."
(4) Repeal of subdivision 97.03, entitled "Petition in Prohibition - Contents - Exhibits," of Rule 97, entitled "Prohibition," and in lieu thereof adoption of a new subdivision 97.03, entitled "Petition in Prohibition - Contents - Exhibits."
 (5) Repeal of subdivision 98.03, entitled "Petition in Quo Warranto - Contents - Exhibits," of Rule 98, entitled "Quo Warranto," and in lieu thereof adoption of a new subdivision 98.03, entitled "Petition in Quo Warranto - Contents - Exhibits."
(6) Repeal of subdivision 121.01, entitled "Termination, When," of Rule 121, entitled "Termination of Parental Rights," and in lieu thereof adoption of a new subdivision 121.01, entitled "Termination, When."
(7) Repeal of subdivision 128.14, entitled "Petition," of Rule 128, entitled "Forms," and in lieu thereof adoption of a new subdivision 128.14, entitled "Petition."
(8) Repeal of Civil Procedure Form No. 16, entitled "Summary for Original Remedial Writs," and in lieu thereof adoption of a new Civil Procedure Form No. 16, entitled "Summary for Original Remedial Writs."

1.  It is ordered that effective January 1, 2004, subdivision 76.16 of Rule 76 be and the same is hereby repealed and a new subdivision 76.16 adopted in lieu thereof to read as follows:

76.16  NOTICE OF SALE
Notice of a sale of land under execution shall be published in each county in which any of the land to be sold is located.  
The notice shall state the time and place of sale, what land is to be sold and where situated, and the methods of payment approved by the judgment creditor. 

The notice shall be published at least once a week for four successive weeks and shall appear on the same day of each week.  The last insertion shall not be more than one week prior to the day of sale. 

The notice shall be published by advertisement in some newspaper printed in the county, if there be one regularly published, weekly or daily.  If there is no such newspaper, then the publication shall be in a newspaper designated by the court.

2.  It is ordered that effective January 1, 2004, subdivision 84.24(a)(1) of Rule 84 be and the same is hereby repealed and a new subdivision 84.24(a)(1) adopted in lieu thereof to read as follows:

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(c).  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;


*     *     *

3.  It is ordered that effective January 1, 2004, subdivision 94.03 of Rule 94 be and the same is hereby repealed and a new subdivision 94.03 adopted in lieu thereof to read as follows:

94.03  PETITION IN MANDAMUS - CONTENTS - EXHIBITS
Application for a writ of mandamus shall be made by filing a petition in mandamus in the appropriate court.  
The petition in mandamus shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue.
The petition in mandamus shall be accompanied by suggestions in support thereof.
A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in prohibition shall be attached as exhibits if not set forth therein.  The pages of the exhibits shall be numbered consecutively.
An index of all exhibits also shall be attached.  Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.  

4.  It is ordered that effective January 1, 2004, subdivision 97.03 of Rule 97 be and the same is hereby repealed and a new subdivision 97.03 adopted in lieu thereof to read as follows:

97.03  PETITION IN PROHIBITION - CONTENTS - EXHIBITS
Application for a writ of prohibition shall be made by filing a petition in prohibition in the appropriate court.  
The petition in prohibition shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue.  
The petition in prohibition shall be accompanied by suggestions in support thereof.
A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in prohibition shall be attached as exhibits if not set forth therein.  The pages of the exhibits shall be numbered consecutively.
An index of all exhibits also shall be attached.  Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.

5.  It is ordered that effective January 1, 2004, subdivision 98.03 of Rule 98 be and the same is hereby repealed and a new subdivision 98.03 adopted in lieu thereof to read as follows:

98.03  PETITION IN QUO WARRANTO - CONTENTS - EXHIBITS
Application for a judgment in quo warranto shall be made by filing a petition in quo warranto in the appropriate court.  
The petition in quo warranto shall contain a statement of the facts, the relief sought, and a statement of the reasons why a preliminary order in quo warranto should be issued. 

The petition shall be accompanied by suggestions in support thereof.

A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in quo warranto shall be attached as exhibits if not set forth therein.  The pages of the exhibits shall be numbered consecutively.

An index of all exhibits also shall be attached.  Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.

 
6.  It is ordered that effective January 1, 2004, subdivision 121.01 of Rule 121 be and the same is hereby repealed and a new subdivision 121.01 adopted in lieu thereof to read as follows:

121.01  Termination, When
If a petition is filed pursuant to section 211.447, RSMo, and if the court finds after the hearing held pursuant to section 211.477, RSMo, that termination is in the best interest of the juvenile and that the statutory conditions for termination exist, the court may terminate the rights of a parent to a juvenile.

7.  It is ordered that effective January 1, 2004, subdivision 128.14 of Rule 128 be and the same is hereby repealed and a new subdivision 128.14 adopted in lieu thereof to read as follows:

128.14  Petition

In The Family Court/Circuit Court,
Juvenile Division, of ...............
County, Missouri

In the Interest of                   )
..................................,   )  No. ..........
(Male)(Female), Age ...............   )

PETITION

Now comes ____________ and states to the court:
1.  This petition is filed in the interest of ..............., a juvenile born on ...................., 20....., and who resides at ......
2.  The name of the juvenile's father is .............................. who resides at ..............................
The name of the juvenile's mother is .............................. who resides at ......
The name of the juvenile's legal guardian, nearest known relative or spouse is ................................... who resides at ......
3.  The juvenile is in the custody of .................... whose address is ......
4.  The juvenile, .........., is within ............... County, Missouri and is in need of care and treatment because:  ......
5.  The juvenile, ..............., resides or was found to be in .................... County, Missouri, or ......
The violation that the juvenile committed occurred in .................... County, Missouri.
6. The juvenile is in such condition or surroundings that the juvenile's welfare requires that the juvenile's custody be immediately assumed by the court, for the reason that ......
The juvenile (is)(is not) now in detention/protective custody.
WHEREFORE, petitioner prays that the court make and enter such judgment as the court shall find to be necessary in the interests of the juvenile.
____________________________________________________________

Note on Use: The petition should set out in detail and with particularity the facts constituting the basis for jurisdiction under section 211.031, RSMo.  The appropriate paragraph in 5 should be completed.

8.  It is ordered that effective January 1, 2004, Civil Procedure Form No. 16 be and the same is hereby repealed and a new Civil Procedure Form No. 16 adopted in lieu thereof to read as follows:

FORM NO. 16. SUMMARY FOR ORIGINAL REMEDIAL WRITS
[SUMMARY MAY NOT EXCEED ONE PAGE, EXCLUSIVE OF THE CAPTION AND IDENTITY OF THE PARTIES AND THEIR ATTORNEYS IN THE UNDERLYING ACTION.  SUMMARY MAY NOT CONTAIN ANY INFORMATION NOT REQUIRED BY THIS FORM.  BEGIN THE PETITION FOR THE WRIT ON A SEPARATE PAGE FOLLOWING THE SUMMARY.]

IN THE [identify court]
STATE OF MISSOURI ex rel.
_____________________________________
              [Petitioner,] [Relator,]
vs.                                   No. _______________
_____________________________________
                          Respondent.

WRIT SUMMARY
Identity of parties and their attorneys in the underlying action, if any:_________________________________________________________________________________________________________________________________________________________________________________
Nature of underlying action, if any:_____________________________________________________________________________________________________________________
Action of Respondent being challenged, including date thereof: ________________________________________________________________________________________________________________________
Relief sought by Relator or Petitioner: ________________________________________________________________________________________________________________________
Date case set for trial, if set, and date of any other event bearing upon relief sought (e.g., date of deposition or motion hearing):
____________________________________________________________
________________________________________________________________________________________________________________________
Date, court and disposition of any previous or pending writ proceeding concerning the action or related matter: ____________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________

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

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

Day – to – Day

___________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice