Supreme Court of Missouri
en banc

In re:

(1) Repeal of Form No. 13, entitled "Interrogatories to Garnishee," and in lieu thereof adoption of a new Form No. 13, entitled "Interrogatories to Garnishee."

(2) Adoption of a new Form No. 16, entitled "Writ Summary."


1.  It is ordered that effective January 1, 1999, Form No. 13 be and it is hereby repealed and a new Form No. 13 adopted in lieu thereof to read as follows:

_____________
     PLAINTIFF
vs.
_____________
   DEFENDANT

_______________
_______________
_______________   ______________________
 GARNISHEE         JUDGMENT DEBTOR

INSTRUCTIONS:

You are to answer interrogatories UNDER OATH within ten (10) days and mail the ORIGINAL to:


and a COPY to the attorney for the judgment creditor (or the judgment creditor individually if there is no attorney) listed below.

1.  At the time of service of garnishment, or at any time thereafter until the return date stated in the summons of garnishment, have you had in your possession or under

your control any property, money (excluding wages, salary, and commissions), or effects of the judgment debtor?

If so, state what property, how much, of what value and what money or effects.
ANSWER:

2.  At the time of service of the garnishment, or at any time thereafter until the return date stated in the summons of garnishment, did you owe the judgment debtor any money (including wages, salary, and commissions), or do you owe the judgment debtor any now?  
ANSWER:

IF NOT YET DUE, WHEN WILL IT BECOME DUE?

If amount owed judgment debtor is for wages, salary, or commission state:
a.  Amount owed after deductions required by law
    $________________
(Deductions required by law are limited to federal, state, and city income and earnings taxes and FICA taxes.)
b.  Amount withheld pursuant to the garnishment
    $_________________

3.  Is the judgment debtor still within your employ?  If not, state the date his employment terminated.
ANSWER:

4.  At the time of service of the garnishment, or at any time thereafter until the return date stated in the summons of garnishment, will you or have you since become or are you now bound in any contract to pay the judgment debtor money not yet due?
If so, state the amount to be paid out and when due and payable.
ANSWER:

5.  Do you know of any person or entity, other than the judgment debtor, who claims an ownership interest in any property, money or effects of the judgment debtor or any amounts owed to the judgment debtor as disclosed by you in answer to interrogatories 1, 2 and 4?  If so, please provide the name and address of each such person or entity and identify the property, money or effects of the judgment debtor in which each such person or entity claims an interest?
ANSWER:

STATE OF MISSOURI )
) ss.
COUNTY OF )

The undersigned, being duly sworn, on oath states that he/she has read the foregoing interrogatories and the answers are true to the best of affiant's knowledge and belief.

______________________________
  SIGNATURE OF GARNISHEE

The foregoing answers to interrogatories were subscribed and sworn to me on

____________  ____________________
DATE   NOTARY PUBLIC

My commission expires: ____________

ATTORNEY FOR JUDGMENT CREDITOR:

___________________________
___________________________
___________________________

2.  It is ordered that effective January 1, 1999, Form No. 16 be and it is hereby adopted to read as follows:

FORM NO. 16. SUMMARY FOR ORIGINAL REMEDIAL WRITS

   [SUMMARY MAY NOT EXCEED ONE PAGE. SUMMARY MAY NOT
    CONTAIN ANY INFORMATION NOT REQUIRED BY THIS FORM.     BEGIN THE PETITION FOR THE WRIT ON A SEPARATE PAGE       FOLLOWING THE SUMMARY.]

• IN THE [identify court]

STATE OF MISSOURI ex rel.

___________________________
[Petitioner ,][Relator ,]

vs. No. ___________________
____________________________
             Respondent.
Identity of parties and their attorneys in the underlying action, if any: _______________
______________________________________________________________________
______________________________________________________________________
Nature of underlying action, if any: _________________________________________
______________________________________________________________________
Action of Respondent being challenged, including date thereof: ___________________
______________________________________________________________________
Relief sought by Relator or Petitioner: _______________________________________
______________________________________________________________________
Date case set for trial, if set, and date of any other event bearing upon relief sought (e.g., date of deposition or motion hearing): ___________________________________________________

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

_____________________________
DUANE BENTON, Chief Justice