Supreme Court of Missouri
en banc
March 20, 2001
Effective January 1, 2002
Effective January 1, 2002
In re:
(1) Repeal of subdivision 30.26, entitled "Motions for Rehearing," of Supreme Court Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.26, entitled "Motions for Rehearing."
(2) Repeal of subdivision 84.17, entitled "Motions for Rehearing," of Supreme Court Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.17, entitled "Motions for Rehearing."
ORDER
1. It is ordered that effective January 1, 2002, subdivision 30.26 of Supreme Court Rule 30 be and the same is hereby repealed and a new subdivision 30.26 adopted in lieu thereof to read as follows:- 30.26 MOTIONS FOR REHEARING
A motion for rehearing shall briefly and distinctly state the grounds upon which a rehearing is sought. It may be accompanied by suggestions in support containing citation of authorities.
The motion and any suggestions shall be filed within fifteen days after the opinion of the court is filed. The motion and suggestions shall be served on the adverse party or the party's attorney within that time.
If a motion 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.
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. Reargument of issues determined by the opinion will be disregarded.
No suggestions in opposition to a motion for rehearing shall be filed unless requested by the court. If the court requests such suggestions, within ten days after the request any other party may file suggestions in opposition to the motion. A copy of the suggestions shall be served within that time.
84.17 MOTIONS FOR REHEARING
A motion for rehearing shall briefly and distinctly state the grounds upon which a rehearing is sought. It may be accompanied by suggestions in support containing citations of authorities.
The motion and any suggestions shall be filed within fifteen days after the opinion of the court is filed. The motion and suggestions shall be served on the adverse party or the party's attorney within that time.
If a motion 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.
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 or order of dismissal. The reargument of issues determined by the opinion will be disregarded.
No suggestions in opposition to a motion for rehearing shall be filed unless requested by the court. If the court requests such suggestions, within ten days after the request any other party may file suggestions in opposition to the motion. A copy of the suggestions shall be served within that time.
4. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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WILLIAM RAY PRICE, JR.
Chief Justice