Supreme Court Rule Changes
The Supreme Court of Missouri, in an order dated January 6, 2006, repealed subdivision 7.10, “Headquarters Building,” of Rule 7 (Establishing and Providing for the Government of The Missouri Bar) and adopted a new subdivision 7.10, “Headquarters Building.”
This order became effective January 6, 2006.
The complete text of the order has not yet been printed in West’s Missouri Cases, but may be read in its entirety at www.courts.mo.gov.
In an order dated January 12, 2006, the Supreme Court of Missouri repealed subdivision 6.01(d), “Persons Exempt from Fee,” of Rule 6 (Annual Enrollment Statement) and adopted a new subdivision 6.01(d), “Persons Exempt from Fee.”
This order became effective January 12, 2006.
The complete text of the order has not yet been printed in West’s Missouri Cases, but may be read in its entirety at www.courts.mo.gov.
The Supreme Court of Missouri, in an order dated January 31, 2006, repealed subdivision 8.10, “Admission Without Examination,” and the Regulations of the Board of Law Examiners thereto of Supreme Court Rule 8 (Admission to the Bar) and in lieu thereof adopted a new subdivision 8.10, “Admission Without Examination,” and new Regulations of the Board of Law Examiners thereto.
This order becomes effective July 1, 2006.
The complete text of the order has not yet been printed in West’s Missouri Cases, but may be read in its entirety at www.courts.mo.gov.
In an order dated January 31, 2006, the Supreme Court of Missouri adopted a new subdivision 5.085, entitled “Period of Limitation,” of Rule 5, entitled “Complaints and Proceedings Thereon.”
This order becomes effective January 1, 2007.
The complete text of the order has not yet been printed in West’s Missouri Cases, but may be read in its entirety at www.courts.mo.gov.
The Supreme Court of Missouri, in an order dated March 1, 2006, repealed subdivision (a) and (d) of subdivision 5.28, “Reinstatement,” of Rule 5 (Complaints and Proceedings Thereon), and adopted a new subdivisions (a) and (d) of subdivision 5.28, “Reinstatement.”
In the same order, the Court repealed subdivision 6.05 (Unauthorized Practice by Stricken or Inactive Lawyers) of Rule 6, “Fees to Practice Law,” and adopted a new subdivision 6.05 (Unauthorized Practice by Suspended, Stricken or Inactive Lawyers).
The Court, in the same order, repealed subdivision (f) of subdivision 15.06, “Reporting Requirements – Sanctions – Review,” and in lieu thereof adopted a new subdivision (f) of subdivision 15.06, “Reporting Requirements – Sanctions – Review.”
This order became effective April 3, 2006.
The complete text of the order has not yet been printed in West’s Missouri Cases, but may be read in its entirety at www.courts.mo.gov.
SUPREME COURT OF MISSOURI
en banc
November 22, 2005
In re: Revisions and additions to
MACH-CR and MAI-CR 3d
Effective March 1, 2006
TABLE OF INSTRUCTIONS
MAI-CR 3d 304.11 Defenses
(Instruction - Revision)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.48A Guilty of Murder in the First Degree: Verdict Mechanics
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.48B Guilty of Murder in the First Degree: Verdict Mechanics
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.40 Guilty of Murder in the First Degree: Statutory Aggravating
Circumstances: Finding Required for Death Penalty
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.48 Guilty of Murder in the First Degree: Verdict Mechanics
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 19.40 Stalking
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 319.40 Stalking
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 19.42 Aggravated Stalking
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 319.42 Aggravated Stalking
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.13 Statutory Sodomy in the Second Degree
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.21 Sexual Misconduct in the First Degree by Contact
(Title - Revision to Instruction Number Only)
(Instruction - Unchanged)
(Notes on Use - Unchanged)
MACH-CR 20.29.1 Sexual Misconduct Involving a Child by Indecent Exposure
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.29.1 Sexual Misconduct Involving a Child by Indecent Exposure
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.29.2 Sexual Misconduct Involving a Child by Coercion or Inducement
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.29.2 Sexual Misconduct Involving a Child by Coercion or Inducement
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.39 Failure to Register as a Sex Offender
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 320.39 Failure to Register as a Sex Offender
(Instruction - New)
(Notes on Use - New)
MACH-CR 20.41 Failure of Registered Sexual Offenders to Notify of Change of
Address
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 320.41 Failure of Registered Sexual Offenders to Notify of Change of
Address
(Instruction - New)
(Notes on Use - New)
MACH-CR 21.02 Prostitution
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 321.02 Prostitution
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 21.04 Patronizing Prostitution
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 321.04 Patronizing Prostitution
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 22.10 Endangering the Welfare of a Child in the First Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 322.10 Endangering the Welfare of a Child in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.1 Stealing: Without Consent
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.1 Stealing: Without Consent
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.2 Stealing: By Deceit
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.2 Stealing: By Deceit
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.3 Stealing: By Coercion
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.3 Stealing: By Coercion
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.20.4 Forgery: Using, Possessing, or Transferring
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 324.20.4 Forgery: Using, Possessing, or Transferring
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.41 Trafficking in Stolen Identities
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 324.41 Trafficking in Stolen Identities
(Instruction - New)
(Notes on Use - New)
MACH-CR 24.42 Identity Theft
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.42 Identity Theft
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.06.1 Controlled Substances: Manufacture or Production
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.06.1 Controlled Substances: Manufacture or Production
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.06.2 Controlled Substances: Attempt to Manufacture or Produce
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.06.2 Controlled Substances: Attempt to Manufacture or Produce
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.30 Controlled Substances: Distribution, Delivery, or Sale Near Schools
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.30 Controlled Substances: Distribution, Delivery, or Sale Near Schools
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.40 Possession of Anhydrous Ammonia in a Nonapproved Container
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 325.40 Possession of Anhydrous Ammonia in a Nonapproved Container
(Instruction - New)
(Notes on Use - New)
MACH-CR 27.20 Furnishing Pornographic Materials to Minors
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 327.20 Furnishing Pornographic Materials to Minors: Material
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 327.22 Furnishing Pornographic Materials to Minors: Performance
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 327.24 Furnishing Pornographic Materials to Minors: For Computer
(Instruction - New)
(Notes on Use - New)
MACH-CR 28.30 Making a Terroristic Threat
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 328.30 Making a Terroristic Threat
(Instruction - New)
(Notes on Use - New)
MACH-CR 29.50.3 False Impersonation: To a Law Enforcement Officer After Arrest
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 329.50.3 False Impersonation: To a Law Enforcement Officer After Arrest
(Instruction - New)
(Notes on Use - New)
MACH-CR 29.81 Delivery or Concealment of Prohibited Articles in Jail
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 329.81 Delivery or Concealment of Prohibited Articles in Jail
(Instruction - Unchanged)
(Notes on Use - Revision)
MACH-CR 32.02 Armed Criminal Action
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.02 Armed Criminal Action
(Instruction - Revision)
(Notes on Use - Revision
MAI-CR 3d 333.00 Definitions - Specific
(Revision)
ORDER
1. Revisions and additions to previously approved pattern criminal indictments and informations (MACH‑CR) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
2. Revisions and additions to previously approved criminal instructions and Notes on Use (MAI-CR 3d) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
3. The revisions and additions as set forth in the specific exhibits attached hereto must be used and followed on and after March 1, 2006, and may be used and followed prior thereto, and any such use shall not be presumed to be error.
4. It is further ordered that the above Table of Instructions and this Order, without the specific exhibits attached hereto, be published in the Journal of The Missouri Bar and the South Western Reporter.
Day - to - Day
Michael A. Wolff
Chief Justice
SUPREME COURT OF MISSOURI
en banc
January 31, 2006
Effective July 1, 2006
IN RE: REVISIONS TO MAI-CIVIL
TABLE OF INSTRUCTIONS
MAI 2.06 EXPLANATORY – INCONSISTENT OR ERRONEOUS VERDICT
(Instruction – Revision)
(Notes on Use – Revision)
MAI 22.10 VERDICT DIRECTING – CONSTANT TRESPASSING
(Instruction - New)
(Notes on Use – New)
(Committee Comment – New)
O R D E R
1. Additions and revisions of previously approved MAI-CIVIL Instructions, Notes on Use and Committee Comments as listed above, having been prepared by the Committee on Jury Instructions - Civil and reviewed by the Court, are hereby adopted and approved.
2. The Instructions, Notes on Use and Committee Comments revised as set forth in the specific exhibits attached hereto must be used on and after, July 1, 2006, and may be used prior thereto; any such use shall not be presumed to be error.
3. It is further ordered that this order and the specific exhibits attached hereto shall be published in the South Western Reporter and the Journal of The Missouri Bar.
Day - to - Day
MICHAEL A. WOLFF
Chief Justice
2.06 [2006 Revision] Explanatory - Inconsistent or Erroneous Verdict
(Approved January 31, 2006; Effective July 1, 2006)
The court cannot accept your verdict[s] as written because (here insert a brief description why the verdict(s) is (are) inconsistent, incomplete, ambiguous, or otherwise erroneous.) [A] [N]ew verdict form[s] is [are] attached for your use, if needed. Do not destroy any of the verdict forms.
Notes on Use (2006 Revision)
(Approved January 31, 2006; Effective July 1, 2006)
This instruction may be given if the jury attempts to return an inconsistent, incomplete, ambiguous or otherwise erroneous verdict. The court should identify each of the new verdict forms submitted with this instruction with an appropriate designation such as “Second Set.”
22.10 [2006 New] Verdict Directing - Constant Trespassing
(Approved January 31, 2006; Effective July 1, 2006)
Your verdict must be for plaintiff if you believe:
First, defendant knew or had information from which defendant, in the exercise of ordinary care1, should have known that trespassers constantly intruded on (here describe the limited area of land on which trespassing occurred), and
Second, defendant [maintained][created]2 (here describe the artificial condition that caused the injury), and
Third, defendant knew that such condition was likely to cause death or serious bodily harm to trespassers, and
Fourth, defendant knew or had information from which defendant, in the exercise of ordinary care,1 should have known that trespassers would not discover such condition, and
Fifth, defendant failed to exercise ordinary care1 to warn such trespassers of the condition and the risk involved, and
Sixth, as a direct result of such failure, plaintiff sustained damage.
*[unless you believe plaintiff is not entitled to recover by reason of Instruction Number _____ (here insert number of affirmative defense instruction)].
Notes On Use (2006 New)
(Approved January 31, 2006; Effective July 1, 2006)
1. The phrase “ordinary care” must be defined. See the definition at MAI 11.05.
2. Select appropriate term.
Where comparative fault is submissible, modify this instruction in accordance with MAI 37.01.
*Add if affirmative defense is submitted. This bracketed material should not be used to submit comparative fault. See MAI 37.01.
Committee Comment
(Approved January 31, 2006; Effective July 1, 2006)
The law on liability to constant trespassers is set forth in Restatement
(Second) of Torts section 335 (1965), which was expressly adopted in Humphrey v. Glenn, 167 S.W.3d 680, 684 (Mo. banc 2005).
Section 335 provides that:
A possessor of land who knows, or from facts within his knowledge should know, that trespassers constantly intrude upon a limited area of land, is subject to liability for bodily harm caused to them by an artificial condition on the land, if
(a) the condition
(i) is one which the possessor has created or maintains, and
(ii) is, to his knowledge, likely to cause death or serious bodily harm to such trespassers, and
(iii) is of such a nature that he has reason to believe that such trespassers will not discover it, and
(b) the possessor has failed to exercise reasonable care to warn such trespassers of the condition and the risk involved.