Supreme Court of Missouri
en banc
December 5, 2000
Effective January 1, 2001
In re: Adoption of Special Rule No. 1, entitled " Form of Briefs in This Court --Disk Required, When."
ORDER
1. It is ordered that effective January 1, 2001, Special Rule No. 1 of this Court be and the same is hereby adopted to read as follows:SPECIAL RULE NO. 1
(a) A brief filed in this Court should be prepared using computer software. Such brief shall:
(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 Special Rule No. 1 (c), signature block and appendix may be single-spaced; and
(8) Be securely bound on the left.
(b) Appellant's brief and each brief 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 Special Rule No. 1 (b).
All material contained in the brief except the cover, certificate of service, certificate required by Special Rule No. 1 (c), signature block and appendix count toward the word and line limitations.
(c) A brief submitted under this Special Rule No. 1 (b) shall contain a certificate by the lawyer or person acting pro se that:
(1) Includes the information required by Rule 55.03; and
(2) States that the brief complies with the limitations contained in Special Rule No. 1 (b); and
(3) States the number of words in the brief; or
(4) States the number of lines of monospaced type in the brief.
The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. (d) A person unable to produce a brief for this Court by computer software may file a commercially printed brief. Such brief shall:
(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;
(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 Special Rule No. 1 (b) and (c).
(e) A person allowed to appeal as a poor person unable to produce a brief for this Court as provided by Special Rule No. 1 (a) or (d) may file a typewritten brief. Such brief shall:
(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 Special Rule No. 1 (e) shall not exceed the following page limitations:
(A) Appellant's brief and each brief in a cross appeal except the reply brief, 100 pages;
(B) Respondent's brief, 90 pages;
(C) Reply brief, 25 pages.
(f) If a brief is prepared as required by Special Rule No. 1 (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 Special Rule No. 1 (a) and one copy of the disk required by Special Rule No. 1 (f).
The person on whom a brief on disk is served may waive receiving the brief in the standard printed or typewritten form.
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
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William Ray Price, Jr.
Chief Justice