Supreme Court of Missouri
en banc
February 27, 2002
Effective January 1, 2003
Effective January 1, 2003
In re:
(1) Repeal of subdivision (b) of subdivision 54.06, entitled "Service Outside the State on Persons, Firms or Corporations Who do Certain Acts in this State," of Rule 54, entitled "Issuance and Service of Summons or Other Process," and in lieu thereof adoption of a new subdivision (b) of subdivision 54.06, entitled "Service Outside the State on Persons, Firms or Corporations Who do Certain Acts in this State."
(2) Repeal of subdivision 74.04(c), entitled "Motion and Proceedings Thereon," subdivision 74.04(e), entitled "Form of Affidavit – Further Testimony – Defense Required," and subdivision 74.08, entitled "Judgment Lien," of Rule 74, entitled "Judgments, Orders and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 74.04(c), entitled "Motion and Proceedings Thereon," a new subdivision 74.04(e), entitled "Form of Affidavit," and a new subdivision 74.08, entitled "Judgment Lien."
(3) Repeal of subdivision 84.17, entitled "Motions for Rehearing," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.17, entitled "Post-opinion Motions."
ORDER
1. It is ordered that effective January 1, 2003, subdivision 54.06(b) of Rule 54 be and the same is hereby repealed and a new subdivision 54.06(b) adopted in lieu thereof to read as follows:54.06 SERVICE OUTSIDE THE STATE ON PERSONS, FIRMS OR CORPORATIONS WHO DO CERTAIN ACTS IN THIS STATE
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(b) Service sufficient to authorize a general judgment in personam may be obtained on any person, any person’s personal representative, or other legal representative, whether or not a citizen or resident of the state, who has lived in lawful marriage within this state, as to all civil actions for dissolution of marriage or for legal separation and all obligations arising for maintenance of a spouse, support of any child of the marriage, attorney fees, suit money or disposition of marital property, if the other party to the lawful marriage lives in this state or if a third party has provided support to the spouse or to the children of the marriage and is a resident of this state.
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2. It is ordered that effective January 1, 2003, subdivision 74.04(c), subdivision 74.04(e), and subdivision 74.08 of Rule 74 be and the same are hereby repealed and a new subdivision 74.04(c), a new subdivision 74.04(e), and a new subdivision 74.08 adopted in lieu thereof to read as follows:
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74.04 SUMMARY JUDGMENT
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(c) Motions and Proceedings Thereon.
(1) Motions for Summary Judgment. A motion for summary judgment shall summarily state the legal basis for the motion.
A statement of uncontroverted material facts shall be attached to the motion. The statement shall state with particularity in separately numbered paragraphs each material fact as to which movant claims there is no genuine issue, with specific references to the pleadings, discovery, exhibits or affidavits that demonstrate the lack of a genuine issue as to such facts.
Attached to the statement shall be a copy of all discovery, exhibits or affidavits on which the motion relies.
Movant shall file a separate legal memorandum explaining why summary judgment should be granted.
(2) Responses to Motions for Summary Judgment. Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall admit or deny each of movant’s factual statements in numbered paragraphs that correspond to movant’s numbered paragraphs.
A denial may not rest upon the mere allegations or denials of the party’s pleading. Rather, the response shall support each denial with specific references to the discovery, exhibits or affidavits that demonstrate specific facts showing that there is a genuine issue for trial.
Attached to the response shall be a copy of all discovery, exhibits or affidavits on which the response relies.
A response that does not comply with this Rule 74.04(c)(2) with respect to any numbered paragraph in movant’s statement is an admission of the truth of that numbered paragraph.
The response may also set forth additional material facts that remain in dispute, which shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1).
The response may include a legal memorandum explaining the legal or factual reasons why summary judgment should not be granted.
(3) Replies in Support of Motions for Summary Judgment. Within 15 days after service of the response, the movant may file a reply memorandum of law explaining why summary judgment should be granted.
Within the same time, if the adverse party’s response sets forth additional material facts that remain in dispute, movant shall file a statement admitting or denying each such fact. Any such denial shall be supported in the manner prescribed by Rule 74.04(c)(2).
Within the same time, the movant may file a statement of additional material facts as to which movant claims there is no genuine issue. The statement shall be presented in consecutively numbered paragraphs and supported in the manner prescribed by Rule 74.04(c)(1).
Attached to the supplemental statement shall be a copy of any additional discovery, exhibits or affidavits on which the supplemental statement relies.
(4) Sur-replies in Opposition to Motions for Summary Judgment. Within 15 days of service, if movant files a statement of additional material facts pursuant to Rule 74.04(c)(3), the adverse party shall file a sur-reply admitting or denying each such factual statement. The sur-reply shall be in the form and shall be supported in the manner prescribed by Rule 74.04(c)(2).
Attached to the sur-reply shall be a copy of any additional discovery, exhibits or affidavits on which the sur-reply relies.
A sur-reply that does not comply with Rule 74.04(c)(2) with respect to any numbered paragraph in movant’s statement of additional material facts is an admission of the truth of that numbered paragraph.
If the movant files a statement of additional material facts, the adverse party may file within the same time a sur-reply memorandum of law explaining the legal or factual reasons why summary judgment should not be granted.
(5) Additional papers. No other papers with respect to the motion for summary judgment shall be filed without leave of court.
(6) Rulings on Motions for Summary Judgment. After the response, reply and any sur-reply have been filed or the deadlines therefor have expired, the court shall decide the motion.
If the motion, the response, the reply and the sur-reply show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, the court shall enter summary judgment forthwith.
A summary judgment, interlocutory in character, may be entered on any issue, including the issue of liability alone, although there is a genuine issue as to the amount of the damages.
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(e) Form of Affidavit. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. 74.08 JUDGMENT LIEN
Except as provided in chapter 454, RSMo, or chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.
3. It is ordered that effective January 1, 2003, subdivision 84.17 of Rule 84 be and the same are hereby repealed and a new subdivision 84.17 adopted in lieu thereof to read as follows:
- 84.17 POST-OPINION MOTIONS
(a) Post-opinion motions. In addition to an application for transfer under Rule 83, any party may file the following post-opinion motions:
(1) A motion for rehearing. The motion shall briefly and distinctly state the grounds upon which rehearing is sought. The purpose of a motion for rehearing is to call attention to material matters of law or fact overlooked or misinterpreted by the court, as shown by its opinion, memorandum decision or written order. Reargument of issues determined by the court will be disregarded.
(2) A motion to modify. The motion shall briefly and distinctly state the grounds upon which modification is sought. The purpose of a motion to modify is to correct errors of law or fact that do not affect the disposition of the case.
(3) A motion to publish an opinion. The motion shall briefly and distinctly explain why the court’s disposition of the appeal has precedential value, in whole or in part.
(b) Procedure for filing. A motion under this Rule 84.17 shall be filed within 15 days after the court files its opinion, memorandum decision or written order and may be accompanied by suggestions in support containing citation of authority. Within the same time, the filing party shall serve a copy of the motion and any suggestions upon all other parties.
(c) Responses. No suggestions in opposition to a motion for rehearing shall be filed unless requested by the court. Within ten days after the court's request for the suggestions, any party may file suggestions in opposition to the motion and within the same time shall serve all other parties with a copy of the suggestions.
(d) Repetitive motions. If a motion for rehearing is overruled and the opinion is not materially modified, no further motion by the same party for rehearing or to set aside the order overruling the motion for rehearing may be filed. If the opinion is materially modified, any party may file a motion for rehearing as though the modified opinion is the original opinion.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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Chief Justice