Supreme Court of Missouri
en banc
December 18, 2001
Effective July 1, 2002
In re:
Repeal of subdivision 29.11(d), entitled “Motion for New Trial in Jury-Tried Cases – Allegation of Error Required,” and subdivision 29.11(e), entitled “Motions for New Trial in Cases Tried Without a Jury – Allegations of Error Required,” of Rule 29, entitled “Misdemeanors or Felonies – Verdict, Sentence and New Trial,” and in lieu thereof adoption of a new subdivision 29.11(d), entitled “Motion for New Trial in Jury-Tried Cases – Allegation of Error Required,” and a new subdivision 29.11(e), entitled “Motions for New Trial in Cases Tried Without a Jury.”
Repeal of subdivision 29.11(d), entitled “Motion for New Trial in Jury-Tried Cases – Allegation of Error Required,” and subdivision 29.11(e), entitled “Motions for New Trial in Cases Tried Without a Jury – Allegations of Error Required,” of Rule 29, entitled “Misdemeanors or Felonies – Verdict, Sentence and New Trial,” and in lieu thereof adoption of a new subdivision 29.11(d), entitled “Motion for New Trial in Jury-Tried Cases – Allegation of Error Required,” and a new subdivision 29.11(e), entitled “Motions for New Trial in Cases Tried Without a Jury.”
ORDER
1. It is ordered that effective July 1, 2002, subdivision 29.11(d) and subdivision 29.11(e) of Rule 29 be and the same are hereby repealed and a new subdivision 29.11(d) and a new subdivision 29.11(e) adopted in lieu thereof to read as follows:
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29.11 MISDEMEANORS OR FELONIES - AFTER-TRIAL MOTIONS – PRESERVATION OF ERROR
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(d) Motion for New Trial in Jury-Tried Cases – Allegation of Error Required. In jury-tried cases, allegations of error to be preserved for appellate review must be included in a motion for new trial except for questions as to the following:
(1) Jurisdiction of the court over the offense charged;
(2) Whether the indictment or information states an offense;
(3) The sufficiency of the evidence to sustain the conviction.
(e) Motions for New Trial in Cases Tried Without a Jury.
(1) Within the time prescribed in Rule 29.11(b), a defendant may, but need not, file a motion for a new trial in cases tried without a jury.
(2) For appellate review of cases tried without a jury a motion for new trial is not necessary to preserve any matter for appellate review.
If a motion for new trial is filed, allegations of error to be preserved for appellate review must be included in a motion for new trial except for questions as to the following:
(A) Jurisdiction of the court over the offense charged;
(B) Whether the indictment or information states an
offense;
(C) The sufficiency of the evidence to sustain the conviction.
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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.
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STEPHEN N. LIMBAUGH, JR.
Chief Justice