Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 84.16(b), entitled “Memorandum Decisions and Written Orders,” of Supreme Court Rule 84, entitled “Procedure in All Appellate Courts,” and in lieu thereof adoption of a new subdivision 84.16(b), entitled “Memorandum Decisions and Written Orders”

1.  It is ordered that effective January 1, 2000, subdivision 84.16(b) of Supreme Court Rule 84 be and the same is hereby repealed and a new subdivision 84.16(b) adopted in lieu thereof to read as follows:

84.16 OPINION IN WRITING – MEMORANDUM
DECISIONS AND WRITTEN ORDERS - WHEN
FILED - HOW ENDORSED AND TRANSMITTED


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(b) Memorandum Decisions and Written Orders.  In a case where all judges agree to affirm and further believe that an opinion would have no precedential value, disposition may be by a memorandum decision or written order.  A memorandum decision or written order may be entered only when the appellate court unanimously determines that any one or more of the following circumstances exists and is dispositive of a matter submitted for decision: 


(1) That a judgment of the trial court reviewable under Rule 73.01 is supported by substantial evidence and is not against the weight of the evidence (Note:  see Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976));  
(2) That a judgment of the trial court in a proceeding under Rule 24.035 or Rule 29.15 is based on findings of fact that are not clearly erroneous; 
(3) That the evidence in support of a jury verdict is not insufficient; 
(4) That the order of an administrative agency is supported by competent and substantial evidence on the whole record;(5) That no error of law appears. 


If a memorandum decision is issued, it shall state at least the following:


(1) The court from which the appeal comes;
(2) The nature of the proceedings below, e.g., trial by court, jury trial, administrative review, etc.; 
(3) The nature of the case, e.g., personal injury or contract suit;
(4) Such other matters as in the opinion of the court are necessary for an understanding of the case; and
(5) A statement that the affirmance is in compliance with this Rule 84.16(b).


A written order may state only the action of the court.

A written statement may be attached to the memorandum decision or written order setting out the basis for the court’s decision.
The statement shall be unanimous, shall not constitute a formal opinion of the court, shall not be reported, and shall not be cited or otherwise used in any case before any court.



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2.  In order to provide publication of this order, a copy is directed to be electronically mailed to the clerk of each district of the court of appeals and each circuit clerk with directions to post a copy of the order.

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

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Michael A. Wolff
Acting Chief Justice