Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 24.035(b), entitled "Form of Motion - Time to File - Cost Deposit Not Required - Failure to File, Effect of," of Supreme Court Rule 24, entitled "Misdemeanors or Felonies - Arraignment and Proceedings Before Trial," and in lieu thereof adoption of a new subdivision 24.035(b), entitled " Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of."

(2) Repeal of subdivision 29.15(b), entitled "Form of Motion - Time to File - Cost Deposit Not Required - Failure to File, Effect of," of Supreme Court Rule 29, entitled "Misdemeanors or Felonies - Verdict, Sentence and New Trial," and in lieu thereof adoption of a new subdivision 29.15(b), entitled " Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of."

1.  It is ordered that effective July 1, 2000, subdivision 24.035(b) of Supreme Court Rule 24 be and the same is hereby repealed and a new subdivision 24.035(b) adopted in lieu thereof to read as follows:

24.035(b) Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of.  A person seeking relief pursuant to this Rule 24.035 shall file a motion to vacate, set aside or correct the judgment or sentence substantially in the form of Criminal Procedure Form No. 40.

No cost deposit shall be required.  
If an appeal of the judgment or sentence sought to be vacated, set aside or corrected was taken, the motion shall be filed within ninety days after the date the mandate of the appellate court is issued affirming such judgment or sentence.  If no appeal of such judgment was taken, the motion shall be filed within ninety days of the date the person is delivered to the custody of the department of corrections.  

If:
(1) An appeal of such judgment or sentence is taken;
(2) The appellate court remands the case resulting in entry of a new judgment or sentence; and
(3) An appeal of the new judgment or sentence is taken,
the motion shall be filed within ninety days after the date the mandate of the appellate court is issued affirming the new judgment or sentence.  
If no appeal of such new judgment or sentence is taken, the motion shall be filed within ninety days of the later of:
(1) The date the person is delivered to the custody of the department of corrections; or
(2) The date the new judgment or sentence was

final for purposes of appeal.

Failure to file a motion within the time provided by this Rule 24.035 shall constitute a complete waiver of any right to proceed under this Rule 24.035 and a complete waiver

of any claim that could be raised in a motion filed pursuant to this Rule 24.035.

2.  It is ordered that effective July 1, 2000, subdivision 29.15(b) of Supreme Court Rule 29 be and the same is hereby repealed and a new subdivision 29.15(b) adopted in lieu thereof to read as follows:

(b) Form of Motion - Cost Deposit Not Required - Time to File - Failure to File, Effect of.  A person seeking relief pursuant to this Rule 29.15 shall file a motion to vacate, set aside or correct the judgment or sentence substantially in the form of Criminal Procedure Form No. 40.

No cost deposit shall be required.  
If an appeal of the judgment or sentence sought to be vacated, set aside or corrected was taken, the motion shall be filed within ninety days after the date the mandate of the appellate court is issued affirming such judgment or sentence.  If no appeal of such judgment or sentence was taken, the motion shall be filed within ninety days of the date the person is delivered to the custody of the department of corrections.  

If:
(1) An appeal of such judgment or sentence is taken;
(2) The appellate court remands the case resulting in
entry of a new judgment or sentence; and
(3) An appeal of the new judgment or sentence is taken,
the motion shall be filed within ninety days after the date the mandate of the appellate court is issued affirming the new judgment or sentence.  
If no appeal of such new judgment or sentence is taken, the motion shall be filed within ninety days of the later of:
(1) The date the person is delivered to the custody of the department of corrections; or
(2) The date the new judgment or sentence was final
for purposes of appeal.
Failure to file a motion within the time provided by this Rule 29.15 shall constitute a complete waiver of any right to proceed under this Rule 29.15 and a complete waiver of

any claim that could be raised in a motion filed pursuant to this Rule 29.15.

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