Supreme Court of Missouri
en banc

In re:

(1) Adoption of subdivision 20.04(h), entitled “Filing With the Court – Facsimile Transmission,” of Supreme Court Rule 20, entitled “Misdemeanors or Felonies – Time – Computation of – Expiration of Term – Service of Motions.”

(2) Repeal of subdivision (e) of subdivision 51.05, entitled “Change of Judge – Procedure,” of Supreme Court Rule 51, entitled “Venue, Including Change of Venue and Change of Judge,” and in lieu thereof adoption of a new subdivision (e) of subdivision 51.05, entitled “Change of Judge – Procedure.”

(3) Repeal of subdivision 81.12(d), entitled “Record on Appeal – When and Where Filed and Served,” of Supreme Court Rule 81, entitled “Appeals,” and in lieu thereof adoption of a new subdivision 81.12(d), entitled “Record on Appeal – When and Where Filed and Served.”

(4) Repeal of subdivisions (b) and (c) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents,” of Supreme Court Rule 81, entitled “Appeals,” and in lieu thereof adoption of new subdivisions (b) and (c) of subdivision 81.18, entitled “Form of Typewritten Transcripts and Other Documents.”

(5) Repeal of subdivision 76.28, entitled “Discovery in Aid of Execution,” of Supreme Court Rule 76, entitled “Execution,” and in lieu thereof adoption of a new subdivision 76.28, entitled “Discovery in Aid of Execution.”


1.  It is ordered that effective January 1, 1999, subdivision 20.04(h) of Supreme Court Rule 20 be and the same is hereby adopted to read as follows:

20.04(h) Filing With the Court - Facsimile Transmission.

 By local court rule, a court, in cooperation with the office of the clerk of the court, may authorize the filing by facsimile transmission of applications for search warrants and affidavits in support thereof, arrest warrants and complaints and indictments in support thereof, and such other motions, applications, orders, warrants, pleadings and the like as may be deemed desirable if not otherwise prohibited by law.  If filing by facsimile transmission is authorized by local rule, any pleading or other paper so filed shall have the same effect as the filing of an original document, even though it may be required to be verified or submitted by affidavit.  A facsimile signature shall have the same effect as an original signature.  The person filing a pleading or other paper by facsimile transmission shall retain the original and make it available upon order of the court.

2.  It is ordered that effective January 1, 1999, subdivision 51.05(e) of Supreme Court Rule 51 be and the same is hereby repealed and a new subdivision 51.05(e) adopted in lieu thereof to read as follows:

51.05(e).  The judge promptly shall sustain a timely application for change of judge upon its presentation.  The disqualified judge shall transfer the case to a judge stipulated to by the parties if the new judge agrees to take the case.  If the case is not so transferred, the disqualified judge shall notify the presiding judge:

(1) If the presiding judge is not disqualified in the case, the presiding judge shall assign a judge of the circuit who is not disqualified or request this Court to transfer a judge; or
(2) If the presiding judge is disqualified in the case, a judge of the circuit shall be assigned in accordance with local court rules, so long as the local court rules do not permit the disqualified judge to make the assignment, or the presiding judge shall request this Court to transfer a judge.

3.  It is ordered that effective January 1, 1999, subdivision 81.12(d) of Supreme Court Rule 81 be and the same is hereby repealed and a new subdivision 81.12(d) adopted in lieu thereof to read as follows:

81.12(d) Record on Appeal - When and Where Filed and Served.

 Within the time prescribed by Rule 81.19, the appellant shall cause the record on appeal to be prepared in accordance with the provisions of this Rule 81 and to be filed with the clerk of the proper appellate court and shall serve a copy thereof on the respondent or, in the case of multiple respondents, in the manner provided in Rule 81.14(d).  If a floppy disk is filed with the transcript, a copy of the disk also shall be served.  Proof of such service shall be filed with the appellate court.  A copy of both the index of the transcript and the index of the legal file, with the caption of the case noted thereon, shall be filed with the clerk of the trial court.  A copy of the complete transcript and legal file shall not be filed with the trial court except upon court order.  In the event of the filing of any additional or supplemental record pursuant to Rule 81.12(c) or Rule 81.12(e), such additional or supplemental record shall be served, and copies of the indexes thereto shall be filed with the clerk of the trial court as provided herein.

4.  It is ordered that effective January 1, 1999, subdivision 81.18(b) and subdivision 81.18(c) of Supreme Court Rule 81 be and the same are hereby repealed and a new subdivision 81.18(b) and a new subdivision 81.18(c) adopted in lieu thereof to read as follows:

81.18(b) Typewritten transcripts shall conform to the provisions of Rule 81.18(a) except that they shall be securely bound on the left side with either spiral binding or fasteners that extend a full one inch beyond the depth of the volume and shall have a left margin of not less than one and one-fourth inches.  A volume of transcript shall not exceed two hundred sheets of paper.
(c) In lieu of filing a transcript as provided in Rule 81.18(b), a party may file a transcript in page reduction format.  Page reduction transcripts shall conform with the provisions of Rule 81.18(b), except that not more than four pages of transcript may appear on each side of each sheet of paper in the page reduction format.  The party filing a transcript in page reduction format shall file the full-page transcript with the court if ordered by the court to do so.  Further, if a page reduction format transcript is filed, it shall be accompanied by floppy disks containing the transcript.  The floppy disk shall be double sided, high density 1.44 MB, 3 ½ inch size.  An adhesive label shall be affixed to each disk legibly identifying the caption of the case, the disk number (e.g., “Disk 1 of 2”), and the word processing format (e.g., Microsoft Word).  Word format shall be used if available.  If Word is unavailable, the material shall be formatted in WordPerfect 5.x or higher.

5.  It is ordered that effective January 1, 1999, subdivision 76.28 of Supreme Court Rule 76 be and the same is hereby repealed and a new subdivision 76.28 adopted in lieu thereof to read as follows:

76.28 DISCOVERY IN AID OF EXECUTION
In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery as provided by Rules 57.01, 57.03, 57.04, 57.05, 57.06, 57.07, 57.09, 57.10, and 58.01 and may enforce discovery as authorized by Rule 61.01 or by an order treating as a contempt of court the failure to comply with the discovery request.  However, the scope of post-judgment discovery shall be limited to matters, not privileged, that are relevant to the discovery of assets, including insurance, or income subject to execution or garnishment for the satisfaction of judgments.

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
Chief Justice

This Order is also available in Word: Order May 26 rules.doc