Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (4), (5), and (6) of subdivision 43.02(d), entitled  "Facsimile Filings in this Court," of Rule 43, entitled “Service and Filing of Pleadings and Papers,” and in lieu thereof adoption of new subdivisions (4) and (5) of subdivision 43.02(d), entitled  "Facsimile Filings in this Court.” 1.  It is ordered that effective January 1, 2003, subdivisions (4), (5), and (6) of subdivision 43.02(d) of Rule 43 be and the same are hereby repealed and a new subdivision (4) and a new subdivision (5) adopted in lieu thereof to read as follows:

43.02(d) Facsimile Filings in this Court.


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(4) Facsimile filings received at the Court before 4:00 p.m. of a regular work day are deemed filed as of that day.  Filings received after 4:00 p.m. are deemed filed on the next regular Court work day.  Time of receipt is determined by the Court's facsimile machine.  If a document is not received by the clerk or if it is illegible, it is deemed not filed.  Risk of loss in transmission, receipt or illegibility is upon the party transmitting and filing by facsimile transmission.

(5) Other provisions for facsimile filings shall be in accordance with Rule 43.01 and Rule 43.02.

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

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

Day - to - Day

__________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice