Supreme Court of Missouri
en banc

In re:

(1) Adoption of a new subdivision 84.05(g), entitled “Briefs on Disk in this Court,” and a new subdivision 84.05(h), entitled “Briefs by Electronic Mail in this Court,” of Supreme Court Rule 84, entitled “Procedure in All Appellate Courts.”

(2) Repeal of subdivision (b), entitled “Printing – Duplicating – Option,” of 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 (b), entitled “Briefs – Printing – Duplicating – Disk – Electronic Mail – Option,” of subdivision 84.06, entitled “Form of Briefs, Petitions, Motions, Transcripts, and Legal Files.”


1.  It is ordered that effective January 1, 2001, a new subdivision 84.05(g) and a new subdivision 84.05(h) of Supreme Court Rule 84 be and the same are hereby adopted to read as follows:

84.05 BRIEFS - WHEN AND BY WHOM SERVED AND
FILED


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(g) Briefs on Disk in This Court.  In addition to filing briefs in this Court as required by Rule 84.05(a), a floppy disk containing the brief may 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 standard printed or typewritten form specified by Rule 84.06(b) and one copy of the disk permitted by this Rule 84.05(g).  
The person on whom a brief on disk is served may waive receiving the brief in the standard printed or typewritten form.
(h) Briefs by Electronic Mail in this Court.  In addition to filing briefs in this Court as required by Rule 84.05(a), an electronic mail file containing the brief may be filed.  
The electronic mail message shall include the caption of the case, the party or amicus curiae filing the brief, and the word processing format (e.g., Microsoft Word for Windows).  
Word format shall be used if available.  If Word is unavailable, the material shall be formatted in WordPerfect 5.x or higher.
The filing party shall certify that the file has been scanned for viruses and that it is virus-free.
If an electronic mail message containing the brief is filed, service of the brief shall consist of serving one copy of the brief in both the standard printed or typewritten form specified by Rule 84.06(b) and one copy of the electronic mail file permitted by this Rule 84.05(h).  
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 effective January 1, 2001, subdivision 84.06(b) of Supreme Court Rule 84 be and the same is hereby repealed and a new subdivision 84.06(b) adopted in lieu thereof to read as follows:

84.06 FORM OF BRIEFS, PETITIONS, MOTIONS,
TRANSCRIPTS, AND LEGAL FILES


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(b) Briefs - Printing - Duplicating – Disk – Electronic Mail - Option.  Parties shall have the option to file briefs either in standard printed form or by dry duplicating processes.  Briefs produced by processes other than standard printing shall conform either to the requirements of printed matter as set forth in Rule 84.06(a) or to the requirements for typewritten matter set forth in Rule 81.18.  Additional briefs filed on disk or by electronic mail shall conform to the requirements of Rule 84.05(g) and Rule 84.05(h), respectively.

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

_____________________________
WILLIAM RAY PRICE, JR.
Chief Justice