Supreme Court of Missouri
en banc
December 15, 2000
Effective July 1, 2001
In re:(1) Repeal of subdivision 19.09, entitled “Pleadings and Papers – Size – Recycled Paper,” of Supreme Court Rule 19, entitled “Infractions, Misdemeanors or Felonies – General,” and in lieu thereof adoption of a new subdivision 19.09, entitled “Pleadings and Papers – Size – Recycled Paper.”
(2) Repeal of subdivision 30.04(e), entitled “Form of Record on Appeal,” of Supreme Court Rule 30, entitled “Appellate Procedure in All Criminal Cases,” and in lieu thereof adoption of a new subdivision 30.04(e), entitled “Form of Record on Appeal.”
(3) Repeal of subdivisions (f), (g), and (h) of subdivision 30.06, entitled “Briefs – Contents – Time for Service and Filing,” of Supreme Court Rule 30, entitled “Appellate Procedure in All Criminal Cases,” and in lieu thereof adoption of a new subdivision (f) and a new subdivision (g) of subdivision 30.06, entitled “Briefs – Contents – Time for Service and Filing.”
(4) Repeal of subdivision 41.07, entitled “Pleadings and Papers – Size – Recycled Paper,” of Supreme Court Rule 41, entitled “General,” and in lieu thereof adoption of a new subdivision 41.07, entitled “Pleadings and Papers – Size – Recycled Paper.”
(5) Repeal of subdivision 81.14(c), entitled “Form of Record on Appeal,” and subdivision (a) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents,” of Supreme Court Rule 81, entitled “Appeals,” and in lieu thereof adoption of a new subdivision 81.14(c), entitled “Form of Record on Appeal,” and a new subdivision (a) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents.”
(6) Repeal of subdivision 84.04(k), entitled “Cross Appeals;” subdivision (5) of subdivision 84.05(f), entitled “Briefs and Suggestions of Amicus Curiae in This Court;” and subdivision 84.06, entitled “Form of Printed or Duplicated Briefs, Petitions, Motions, Transcripts and Legal Files,” of Supreme Court Rule 84, entitled “Procedure in All Appellate Courts,” and in lieu thereof adoption of a new subdivision 84.04(k), entitled “Cross Appeals;” a new subdivision (5) of subdivision 84.05(f), entitled “Briefs and Suggestions of Amicus Curiae in This Court;” and a new subdivision 84.06, entitled “Form of Briefs – Disk Required, When.”
ORDER
1. It is ordered that effective July 1, 2001, subdivision 19.09 of Supreme Court Rule 19 be and the same is hereby repealed and a new subdivision 19.09 adopted in lieu thereof to read as follows:
- 19.09 PLEADINGS AND PAPERS – SIZE – FORM - RECYCLED PAPER
Appellate court briefs shall be prepared as provided in Rule 84.06.
Petitions, motions, transcripts and legal files shall comply with Rule 81.18.
All pleadings and other papers, except exhibits, offered for filing in any court and all forms used in any court, including opinions, shall be on paper of a size not larger than 8 1/2 X 11 inches.
An exhibit may be on paper larger than size 8 1/2 X 11 inches.
The use of recycled paper is acceptable and encouraged.
2. It is ordered that effective July 1, 2001, subdivision 30.04(e) of Supreme Court Rule 30 be and the same is hereby repealed and a new subdivision 30.04(e) adopted in lieu thereof to read as follows:
- 30.04(e) Form of Record on Appeal. The legal file shall be duplicated by any clear dry duplicating process but may be typewritten or printed if the duplicating process is inadequate.
The transcript shall be typewritten or printed or prepared by any other clear dry duplicating process. If typewritten, the legal file or transcript shall comply with the requirements of Rule 81.18. If duplicated, the legal file shall be a true copy of the original documents.
3. It is ordered that effective July 1, 2001, subdivisions (f), (g), and (h) of subdivision 30.06 of Supreme Court Rule 30 be and the same are hereby repealed and a new subdivision (f) and a new subdivision (g) adopted in lieu thereof to read as follows:
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30.06 BRIEFS – CONTENTS - TIME FOR SERVICE AND FILING
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(f) Service and Filing. Briefs in felony cases shall be served on the attorney general. In all cross-appeals, the state of Missouri shall be the respondent. Otherwise, the service and filing of briefs shall be as provided in Rule 84.05(a) and Rule 84.05(b).
(g) Form of Briefs. Appellate briefs shall comply with Rule 84.06.
4. It is ordered that effective July 1, 2001, subdivision 41.07 of Supreme Court Rule 41 be and the same is hereby repealed and a new subdivision 41.07 adopted in lieu thereof to read as follows:
- 41.07 PLEADINGS AND PAPERS – SIZE - FORM – RECYCLED PAPER
Appellate court briefs shall be prepared as provided in Rule 84.06.
Petitions, motions, transcripts and legal files shall comply with Rule 81.18.
All pleadings and other papers, except exhibits, offered for filing in any court and all forms used in any court, including opinions, shall be on paper of a size not larger than 8 1/2 X 11 inches.
An exhibit may be on paper larger than size 8 1/2 X 11 inches.
The use of recycled paper is acceptable and encouraged.
5. It is ordered that effective July 1, 2001, subdivisions 81.14(c) and 81.18(a) of Supreme Court Rule 81 be and the same are hereby repealed and a new subdivision 81.14(c) and a new subdivision 81.18(a) adopted in lieu thereof to read as follows:
- 81.14 THE RECORD ON APPEAL, MULTIPLE APPEALS - FORM OF RECORD ON APPEAL
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(c) Form of Record on Appeal. The legal file shall be duplicated by any clear dry duplicating process but may be typewritten or printed if the duplicating process is inadequate.
The transcript shall be typewritten or printed or prepared by any other clear dry duplicating process. If typewritten, the legal file or transcript shall comply with the requirements of Rule 81.18. If duplicated, the legal file shall be a true copy of the original documents.
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81.18 FORM OF TYPEWRITTEN TRANSCRIPTS AND OTHER DOCUMENTS
(a) Typewritten documents shall be legible, on paper of size 8 1/2 X 11 inches, securely bound and paged at the bottom.
Documents shall be on bond paper weighing not less than nine pounds to the ream, shall be typed on one side of the paper, shall be double-spaced, and shall have a left margin of not less than one inch.
If a cover is required, the documents shall have a tan cover.
The type used shall be not less than a ten pitch and ten characters to the inch in a fixed space type. If a proportionally spaced type is used, it shall be not smaller than 13 font, Times New Roman on Microsoft Word.
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6. It is ordered that effective July 1, 2001, subdivision 84.04(k), subdivision 84.05(f)(5), and subdivision 84.06 of Supreme Court Rule 84 be and the same are hereby repealed and a new subdivision 84.04(k), a new subdivision 84.05(f)(5), and a new subdivision 84.06 adopted in lieu thereof to read as follows:
- 84.04 BRIEFS – CONTENTS
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The respondent's initial brief shall contain the issues and argument involved in the respondent's appeal and the response to the brief of the appellant.
The appellant may file a second brief in response to the respondent's brief setting forth respondent's appeal and in reply to the respondent's brief opposing appellant's appeal. The respondent may file a reply brief in reply to appellant's response to the issues presented by respondent's appeal. The briefs otherwise shall comply with Rule 84.06. No further briefs shall be filed without leave of the court.
84.05(f) Briefs and Suggestions of Amicus Curiae in This Court.
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84.06 FORM OF BRIEFS – DISK REQUIRED, WHEN
(a) A brief should be prepared using computer software. Such brief shall:
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(1) Be on paper of size 8 ½ X 11 inches;
(2) Be on paper weighing not less than nine pounds to the ream;
(3) Be typed on one side of the paper;
(4) Have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins;
(5) Have all pages consecutively numbered after the cover page;
(6) Use characters throughout the brief, including footnotes, that are not smaller than 13 font, Times New Roman on Microsoft Word;
(7) Be double-spaced, except that the cover, certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced; and
(8) Be securely bound on the left.
(b) Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed:
(1) 31,000 words, or
(2) 2,200 lines of text if the brief uses a monospaced face.
Respondent's brief and a reply brief shall not exceed ninety and twenty-five percent, respectively, of the limits prescribed by this Rule 84.06(b).
All material contained in the brief except the cover, certificate of service, certificate required by Rule 84.06(c), signature block and appendix count toward the word and line limitations.
(c) A brief submitted under Rule 84.06(b) shall contain a certificate by the lawyer or person acting pro se that:
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(1) Includes the information required by Rule 55.03; and
(2) States that the brief complies with the limitations contained in Rule 84.06(b); and
(3) States the number of words in the brief; or
(4) States the number of lines of monospaced type in the brief.
(d) A person unable to produce a brief by computer software may file a commercially printed brief. Such brief shall:
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(1) Have pages measuring 6 1/8 inches by 9 1/4 inches;
(2) Be printed on opaque and unglazed paper;
(3) Use type matter set in large 11 point type face on 14-point body, 25 picas wide (4 1/6 inches), not to exceed thirty-seven lines per page, including folio or page number;
(4) Have all pages consecutively numbered after the cover page;
(5) Have "Points Relied On" in bold face type;
(6) Have authorities cited thereunder be indented 2 ems on left side only, with run-over lines indented 4 ems;
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(7) Have footnotes, if any, be of same type as the body of brief;
(8) Have quoted matter be indented 2 ems on left side only; and
(9) Comply with the provisions of Rule 84.06(b) and Rule 84.06(c).
(e) A person allowed to appeal as a poor person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file a typewritten brief. Any other person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file, with leave of court, a typewritten brief. Such brief shall:
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(1) Be on paper of size 8 ½ X 11 inches;
(2) Be on paper weighing not less than nine pounds to the ream;
(3) Be typed on one side of the paper;
(4) Have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins;
(5) Have all pages consecutively numbered after the cover page;
(6) Use fixed space type not less than a ten pitch and ten characters to the inch;
(7) Be double-spaced, except that the cover, certificate of service, and signature block may be single-spaced; and
(8) Be securely bound on the left.
A brief prepared pursuant to this Rule 84.06(e) shall not exceed the following page limitations:
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(A) Appellant's brief and all briefs in a cross appeal except the reply brief, 100 pages;
(B) Respondent's brief, 90 pages;
(C) Reply brief, 25 pages.
(f) Color Coding of Filings. Briefs shall have a suitable cover in the color indicated:
- (1) In the Court of Appeals:
- (A) Briefs on the merits for appellants, relators, or petitioners, white;
(B) Briefs on the merits for respondents, gray;
(C) Second briefs of appellants in cross appeals, light brown;
(D) Reply briefs, light orange; and
(E) Briefs of amicus curiae or intervenors, light red.
(2) In This Court:
- (A) Briefs on the merits for appellants, relators, or petitioners, light blue;
(B) Briefs on the merits for respondents, cream or buff;
(C) Second briefs of appellants in cross appeals, light purple;
(D) Reply briefs, yellow; and
(E) Briefs of amicus curiae or intervenors, green.
(3) Counsel or a person acting pro se shall be certain that there is adequate contrast between the printing and the color of the cover.
(g) If a brief is prepared as required by Rule 84.06(a), in addition to filing briefs in this Court as required by Rule 84.05(a), a floppy disk containing the brief shall be filed.
The floppy disk shall be double-sided, high density, IBM-PC-compatible 1.44 MB, 3 1/2-inch size.
An adhesive label shall be affixed to each disk legibly identifying the caption of the case, the party or amicus curiae filing the disk, the disk number (e.g., "Disk 1 of 2"), and the word processing format (e.g., Microsoft Word for Windows).
Word format shall be used if available. If Word is unavailable, the brief shall be formatted in WordPerfect 5.x or higher.
The filing party shall certify that the disk has been scanned for viruses and that it is virus-free.
If a brief on disk is filed, service of the brief shall consist of serving one copy of the brief in both the form specified by Rule 84.06(a) and one copy of the disk required by this Rule 84.06(g).
The person on whom a brief on disk is served may waive receiving the brief in the standard printed or typewritten form.
7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
8. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
_____________________________
WILLIAM RAY PRICE, JR.
Chief Justice