Supreme Court of Missouri
en banc
In re:
(1) Adoption of a new subdivision 51.15, entitled “Disqualification of Family Court Commissioner,” of Supreme Court Rule 51, entitled “Venue, Including Change of Venue and Change of Judge.”
(2) Repeal of subdivision (b) of subdivision 54.06, entitled “Service Outside the State on Persons, Firms or Corporations Who Do Certain Acts in this State,” of Supreme Court Rule 54, entitled “Issuance and Service of Summons or Other Process,” and in lieu thereof adoption of a new subdivision (b) of subdivision 54.06, entitled “Service Outside the State on Persons, Firms or Corporations Who Do Certain Acts in this State.”
(3) Adoption of a new subdivision 55.34, entitled “Remand of Case Removed to Federal Court,” of Supreme Court Rule 55, entitled “Pleadings and Motions.”
(4) Repeal of subdivision 57.01(a), entitled “Availability; Procedures for Use,” of Supreme Court Rule 57, entitled “Interrogatories and Depositions,” and in lieu thereof adoption of a new subdivision 57.01(a), entitled “Availability; Procedures for Use.”
(5) Repeal of subdivision 83.01, entitled “Transfer on Dissent of Participating Judge;” subdivision 83.02, entitled “Transfer on Order of Court of Appeals;” subdivision 83.03, entitled “Transfer by Supreme Court After Opinion by Court of Appeals;” subdivision 83.04, entitled “Application – Form – Contents;” subdivision 83.05, entitled “Suggestions – Number of Pages;” subdivision 83.06, entitled “Transfer Upon Application Prior to Opinion;” and subdivision 83.07, entitled “Notice to Parties – Counter-Suggestions,” of Supreme Court Rule 83, entitled “Transfers from District of Court of Appeals to this Court and Related Matters – Procedure in the Supreme Court,” and in lieu thereof adoption of a new subdivision 83.01, entitled “Transfer Upon Application Prior to Disposition by Court of Appeals;” a new subdivision 83.02, entitled “Transfer on Order of Court of Appeals;” a new subdivision 83.03, entitled “Transfer on Dissent of Participating Judge;” a new subdivision 83.04, entitled “Transfer by Supreme Court After Opinion by Court of Appeals;” a new subdivision 83.05, entitled “Application – Form - Contents;” and a new subdivision 83.06, entitled “Notice to Parties – Counter-Suggestions, “ of Supreme Court Rule 83, entitled “Transfers from the Court of Appeals to This Court.”
1. It is ordered that effective January 1, 2000, subdivision 51.15 of Supreme Court Rule 51 be and the same is hereby adopted to read as follows:
51.15 DISQUALIFICATION OF FAMILY COURT COMMISSIONER
Rules 51.05, 51.06, and 51.07 shall apply to family court commissioners, except as provided in Rule 126.
2. It is ordered that effective January 1, 2000, subdivision 54.06(b) of Supreme Court Rule 54 be and the same is hereby repealed and a new subdivision 54.06(b) adopted in lieu thereof to read as follows:54.06 SERVICE OUTSIDE THE STATE ON PERSONS, FIRMS OR CORPORATIONS WHO DO CERTAIN ACTS IN THIS STATE
(b) Service sufficient to authorize a general judgment in personam may be obtained on any person, any person’s personal representative, or other legal representative, whether or not a citizen or resident of the state who has lived in lawful marriage within this state, as to all civil actions for dissolution of marriage or for legal separation and all obligations arising for maintenance of a spouse, support of any child of the marriage, attorney fees, suit money or disposition of marital property, if the other party to the lawful marriage lives in this state or if a third party has provided support to the spouse or to the children of the marriage and is a resident of this state.
3. It is ordered that effective January 1, 2000, subdivision 55.34 of Supreme Court Rule 55 be and the same is hereby adopted to read as follows:
55.34 REMAND OF CASE REMOVED TO FEDERAL COURT
(a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
(b) Within thirty days after the date of the order of remand, the plaintiff shall file a list of all documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court. Within forty days after the date of the order of remand, any other party shall file a list of any other documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court.
(c) Any discovery that occurred in the federal court action is deemed to have occurred in the state court action.
4. It is ordered that effective January 1, 2000, subdivision 57.01(a) of Supreme Court Rule 57 be and the same is hereby repealed and a new subdivision 57.01(a) adopted in lieu thereof to read as follows:
57.01 INTERROGATORIES TO PARTIES
(a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories. The interrogatories shall be answered by:
(1) The party served, or
(2) If the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent.
The party answering the interrogatory shall furnish such information as is available to the party.
Interrogatories may, without leave of court, be served upon:
(1) The plaintiff after commencement of the action, and
(2) Any other party with or after service of the summons and petition upon that party.
At the time the party who is to answer the interrogatories is served, the interrogating party also shall serve a copy, with a notice stating the name and address of the party who is to answer, upon each additional party, if any.
Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to. If the interrogatory is objected to, the reasons for objection shall be stated in detail in lieu of an answer.
The answers are to be signed by the person making them. The objections are to be signed by:
(1) The attorney making them, or
(2) If the party is not represented by an attorney, by the party.
The party upon whom the interrogatories have been served shall serve a copy of the answer and objections, if any, upon:
(1) The interrogating party, and
(2) Each additional party, if any.
A defendant may serve answers or objections within forty-five days after service of the summons and petition upon that defendant. For all other parties, the answer and objections shall be served within thirty days after the service of the interrogatories. The court may allow a shorter or longer time.
The party submitting the interrogatory may move for an order under Rule 61.01(b) with respect to any objection to or other failure to answer an interrogatory.
83.01 TRANSFER UPON APPLICATION PRIOR TO DISPOSITION BY COURT OF APPEALS
This Court on its own motion or on application of a party may transfer to this Court from the court of appeals a case in which there has been no disposition. The transfer shall be for any of the reasons stated in Rule 83.02 or for the purpose of equalizing the workload of the appellate courts.
Any party requesting such transfer shall file an application in this Court within ten days after the filing of the record on appeal in the court of appeals. In connection with the consideration of an application for transfer under this Rule 83.01, this Court may order the record on appeal forwarded to it.
Applications for transfer filed pursuant to this Rule 83.01 shall not affect the time for filing briefs unless this Court so orders. In the event of transfer under this Rule 83.01, briefs already filed in the court of appeals shall be considered as having been filed in this Court, and briefs not yet filed in the court of appeals on the date of the order of transfer shall be filed directly in this Court within the time prescribed for filing briefs when no transfer is ordered.
83.02 TRANSFER ON ORDER OF COURT OF APPEALS
A case disposed of by an opinion, memorandum decision, written order, or order of dismissal in the court of appeals may be transferred to this Court by order of a majority of the participating judges, regular and special, on their own motion or on application of a party. Transfer may be ordered because of the general interest or importance of a question involved in the case or for the purpose of reexamining existing law.
Application by a party for such transfer shall be filed within fifteen days of the date on which the opinion, memorandum decision, written order, or order of dismissal is filed.
No response to an application for transfer shall be filed unless requested by the court, and an order for transfer shall not be granted in the absence of such a request.
83.03 TRANSFER ON DISSENT OF PARTICIPATING JUDGE
If a participating judge dissents from a majority opinion filed in the court of appeals and certifies that the judge deems the opinion to be contrary to any previous decision of an appellate court of this state, the case shall be transferred to this Court.
83.04 TRANSFER BY THIS COURT AFTER OPINION BY COURT OF APPEALS
If an application for transfer under Rule 83.02 has been denied, the case may be transferred by order of this Court on application of a party for any of the reasons specified in Rule 83.02 or for the reason that the opinion filed is contrary to a previous decision of an appellate court of this state.
Application for such transfer shall be filed in this Court within fifteen days of the date on which transfer was denied by the court of appeals.
No response to an application for transfer shall be filed unless requested by the Court.
Motions for reconsideration of the Court's action in refusing an application for transfer shall not be accepted or filed.
83.05 APPLICATION – FORM - CONTENTS
(a) The application for transfer mentioned in Rules 83.02, 83.03, and 83.04 may be printed or typewritten and shall not exceed twelve pages.
(b) The applicant shall concisely set out on the first page of the application the questions of general interest and importance, the existing law that requires reexamination, and the opinions of the appellate courts of this state that are contrary to the opinion of the court of appeals sought to be reviewed. The application may allege more than one ground, concurrently or in the alternative.
The applicant shall express the ground or grounds for transfer in the terms and circumstances of the case but without unnecessary detail. The matters shall be set out in short and concise terms that are not argumentative or repetitious. No other information shall appear on the page setting out the reasons for seeking transfer.
The failure to set out necessary matters with accuracy, brevity and clearness shall be a sufficient reason for denying the application.
(c) The remainder of the application shall contain a statement of the facts pertinent to the application and a discussion of the legal basis upon which the applicant seeks transfer.
(d) Exhibits consisting of written documents that are included in or attached to the application shall be counted as part of the application for purposes of the page limitation contained in Rule 83.05(a). No other exhibits shall be included in or attached to the application or shall otherwise be filed.
(e) The original application for transfer filed in this Court and each copy of the application required by Rule 84.25(b) shall be accompanied by a cover page substantially in conformity with Civil Procedure Form No. 15 and by the following:
(1) The opinion or order of disposition of the court of appeals, and
(2) The motion for rehearing, if any, and application for transfer filed in the court of appeals.
(f) The original application for transfer filed in this Court shall be accompanied by the following:
(1) The docket fee in the amount specified by Rule 81.04(c);
(2) Proof of notice to the clerk of the court of appeals and each opposing party to the application for transfer; and
(3) A copy of the notice from the court of appeals denying the motion for rehearing, if any, and application for transfer to this Court filed in the court of appeals.
(g) When a memorandum decision or written order has been issued by the court of appeals as provided by Rule 30.25 or Rule 84.16, the application filed in this Court shall be accompanied by one copy of each brief filed in the court of appeals.
83.06 NOTICE TO PARTIES – COUNTER- SUGGESTIONS
A copy of any application for transfer shall be served on all parties and the clerk of the court of appeals on or prior to the date of filing.
If a court requests a response to an application for transfer made under Rule 83.02 or Rule 83.04, within ten days after such request, any other party may file and serve suggestions in opposition to the application, not to exceed six pages.
Exhibits consisting of written documents that are included in or attached to the suggestions shall be counted as part of the suggestions for purposes of the page limitation. No other exhibits shall be included in or attached to the suggestions or shall otherwise be filed.
6. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
7. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
______________________________
DUANE BENTON
(as corrected, posted 5/17/99)