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Supreme Court Rule Changes

In an order dated February 27, 2002, the Supreme Court of Missouri repealed subdivision (b) of subdivision 54. 06, entitled "Service Outside the State on Persons, Firms or Corporations Who do Certain Acts in this State," of Rule 54 (Issuance and Service of Summons or Other Process) and in lieu thereof adopted 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."

The Court, in the same order, repealed subdivision 74.04(c), entitled "Motion and Proceedings Thereon," subdivision 74.04(e), entitled "Form of Affidavit – Further Testimony – Defense Required," and subdivision 74.08, entitled "Judgment Lien" of Rule 74 (Judgments, Orders and Proceedings Thereon) and adopted a new subdivision 74.04(c), entitled "Motion and Proceedings Thereon," a new subdivision 74.04(e), entitled "Form of Affidavit," and a new subdivision 74.08, entitled "Judgment Lien."

Also in the order, the Court repealed subdivision 84.17 (Motions for Rehearing) of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adopted a new subdivision 84.17 (Post-opinion Motions).

This order becomes effective January 1, 2003.

The complete text of the order may be found in West's Missouri Cases, 71 S.W.3d No. 3, 72 S.W.3d No. 1 (May 21, 2002), pp. Ct.R-3 – Ct.R.7.

The Supreme Court of Missouri, in an order dated May 29, 2002, repealed subdivision (b), entitled "Enrollment Statement," of subdivision 6.01, entitled "Annual Enrollment Fee and Statement – Exemptions – Penalties," of Rule 6 (Annual Enrollment Statement) and adopted a new subdivision (b), entitled "Information to be Furnished to the Clerk of this Court," of subdivision 6.01, entitled "Annual Enrollment Fee and Statement – Exemptions – Penalties – Information to be Furnished to the Clerk of this Court."

This order becomes effective December 1, 2002.

The complete text of the order may be found in West's Missouri Cases, 73 S.W.3d No. 2, 74 S.W.3d No. 1 (June 18, 2002), pp. Ct.R-3 – Ct.R.4.

On May 28, 2002, the Supreme Court of Missouri adopted a new Regulation of the Board of Law Examiners to subdivision 8.12 (8.12 Hearings Before Board and Review by Court) of Supreme Court Rule 8, entitled "Admission to the Bar."

This order became effective May 28, 2002.

The complete text of the order may be found in West's Missouri Cases, 73 S.W.3d No. 2, 74 S.W.3d No. 1 (June 18, 2002), pp. Ct.R-5 – Ct.R.6.

In an order dated July 1, 2002, the Supreme Court of Missouri adopted a new subdivision (h) of subdivision 15.05 (Continuing Legal Education Requirements) of Rule 15, entitled "Continuing Legal Education."

This order became effective July 1, 2002.

The complete text of the order has not yet been printed in West's Missouri Cases, but may be read in its entirety at http://www.courts.mo.gov/sup/index.nsf.

IN THE SUPREME COURT OF MISSOURI
EN BANC

June 25, 2002

In re: Revisions, additions and withdrawals to

MACH-CR and
MAI-CR 3d
Effective September 1, 2002

TABLE OF INSTRUCTIONS
MAI-CR 3d 300.02 Before Voir Dire
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 300.03A Before Punishment Voir Dire in a Capital Case
(Before August 28, 2001)
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 300.03AA Before Punishment Voir Dire in a Capital Case
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 300.04 At the First Recess and Adjournment
(Title - Revision)
(Instruction - Unchanged)
(Notes on Use - Unchanged)
MAI-CR 3d 304.02 The Principal Offense: General Rules
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 304.04 Parties: Defendant's Responsibility for Conduct of
Another Person
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 304.11 Defenses
(Instruction - Revision)
MAI-CR 3d 306.06 Justification: Use of Force in Self-Defense
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 306.07 Justification: Use of Deadly Force in Self Defense—
Battered Spouse
(Instruction - New)

(Notes on Use - New)
MAI-CR 3d 306.08 Justification: Use of Force in Defense of Third
Persons
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.10 Justification: Use of Force in Defense of Premises
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.12 Justification: Use of Force in Defense of Property
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.14 Justification: Use of Force by Law Enforcement
Officer
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.16 Justification: Use of Force by Private Person in
Making Arrest
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.18 Justification: Use of Force to Prevent Escape from
Confinement
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.20 Justification: Use of Force by Person Entrusted with
Care and Supervision of Minor or Incompetent
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 306.22 Justification: Use of Force by Private Person in Resisting Excessive Force by a Known Law Enforcement Officer Making an Arrest
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 310.04 Blood Alcohol Evidence
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.00 Supplemental Notes on Use Applicable to 313.00 Series
(Before August 28, 2001)
(Instruction - Revision)
(Appendix - Unchanged)
MACH-CR 13.12 Involuntary Manslaughter in the First Degree:
Driving While Intoxicated
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.00 Supplemental Notes on Use Applicable to 314.00
Series
(After August 28, 2001)
(Instruction - Revision)
(Appendix - Revision)
MAI-CR 3d 314.30 Opening Instruction at the Second Stage of Trial:
After a Finding of Guilty of Murder in the First
Degree When the Death Penalty was not Waived
(After August 28, 2001)
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 314.31 Second Instruction: After a Finding of Guilty of
Murder in the First Degree When the Death Penalty
was not Waived (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.32 Guilty of Murder in the First Degree: Explanation
of Order of Proceedings When Evidence will be Presented (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.33 Guilty of Murder in the First Degree: Explanation
of Order of Proceedings When Evidence will not
be Presented (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.38 Guilty of Murder in the First Degree: Mental
Retardation of Defendant (After August 28, 2001)
(Instruction - New)
(Notes on Use - New)
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 314.44 Guilty of Murder in the First Degree: Evidence in
Aggravation and Mitigation of Punishment (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.46 Guilty of Murder in the First Degree: Final Decision
on the Punishment (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)
MAI-CR 3d 314.49 Argument of Counsel: After a Finding of Guilty of
Murder in the First Degree (After August 28, 2001)
(Instruction - Revision)

(Notes on Use - Revision)
MAI-CR 3d 314.50 Opening Instruction at the Second Stage of Trial:
After a Finding of Not Guilty of Murder in the First Degree, but Guilty of Murder in the Second
Degree, Voluntary Manslaughter or Involuntary Manslaughter (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.52 Second Instruction: After a Finding of Not Guilty of
Murder in the First Degree, but Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.54 Argument of Counsel: After a Finding of Not Guilty
of Murder in the First Degree, but Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.56 Verdict Forms: First Stage (After August 28, 2001)
(Revision)
MAI-CR 3d 314.58 Verdict Forms: Second Stage (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.02.1 Forcible Rape [1995 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.02.1A Forcible Rape: Aggravated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.02.1B Forcible Rape
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.02.2 Rape: Child Under Fourteen Years [1995 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.02.2 Rape: Child Under Fourteen Years
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.04 Sexual Assault in the First Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.04.1 Sexual Assault in the First Degree: Victim
Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.04.2 Sexual Assault in the First Degree:
Fourteen or Fifteen Year Old Victim
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.06 Sexual Assault in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.06 Sexual Assault in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.08.1 Forcible Sodomy [1991 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.08.1 Forcible Sodomy
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.08.2 Sodomy: Child Under Fourteen Years [1991 New]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.08.2 Sodomy: Child Under Fourteen Years
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.10 Deviate Sexual Assault in the First Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.10.1 Deviate Sexual Assault in the First Degree: Victim Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.10.2 Deviate Sexual Assault in the First Degree: Victim Fourteen or Fifteen Years Old
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.12 Deviate Sexual Assault in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.12 Deviate Sexual Assault in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.16 Sexual Abuse in the First Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.16.1 Forcible Sexual Abuse in the First Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.16.2 Sexual Abuse in the First Degree: Victim Under Twelve Years Old
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.17 Child Molestation in the First Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.17 Child Molestation in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.18 Sexual Abuse in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.18.1 Sexual Abuse in the Second Degree: Victim Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.18.2 Sexual Abuse in the Second Degree: Twelve or Thirteen Year Old Victim
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 20.19 Child Molestation in the Second Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.19 Child Molestation in the Second Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.20 Sexual Abuse in the Third Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 320.20 Sexual Abuse in the Third Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MACH-CR 24.40 Fraudulent Use of a Credit Device or a Debit Device
(Charge - Revision)
(Notes on Use - Revision)
MACH-CR 24.42 Identity Theft
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 324.42 Identity Theft
(Instruction - New)
(Notes on Use - New)
MACH-CR 24.43 Fraudulent Procurement: Credit Card, Debit Card, Personal Identifying Information
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 324.43 Fraudulent Procurement: Credit Card, Debit Card, Personal Identifying Information
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 325.11.1 Controlled Substances: Trafficking in the First Degree: Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.11.2 Controlled Substances: Trafficking in the First Degree: Methamphetamine: Attempt
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.12 Controlled Substances: Trafficking in the First Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 325.12 Controlled Substances: Trafficking in the First Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Instruction - New)
(Notes on Use - New)
MACH-CR 25.14 Controlled Substances: Trafficking in the Second Degree: Other Than Methamphetamine
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.14 Controlled Substances: Trafficking in the Second Degree: Other Than Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.15 Controlled Substances: Trafficking in the Second Degree: Methamphetamine
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.15 Controlled Substances: Trafficking in the Second
Degree: Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.16 Controlled Substances: Trafficking in the Second
Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 325.16 Controlled Substances: Trafficking in the Second
Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Instruction - New)
(Notes on Use - New)
MACH-CR 25.24 Controlled Substances: Possession of Drug
Paraphernalia with Intent to Deliver or Sell
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.24 Controlled Substances: Possession of Drug
Paraphernalia with Intent to Deliver or Sell
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.26 Controlled Substances: Delivering or Selling Drug Paraphernalia
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.26 Controlled Substances: Delivering or Selling Drug
Paraphernalia
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 25.32 Controlled Substances: Possession of
Methamphetamine Precursor Drug with Intent to Manufacture
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 325.32 Controlled Substances: Possession of
Methamphetamine Precursor Drug with Intent to Manufacture
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 29.78.1 Aiding Escape of a Prisoner: Introducing Deadly
Weapon or Dangerous Instrument or Thing Into Place of Confinement
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 329.78.1 Aiding Escape of a Prisoner: Introducing Deadly Weapon or Dangerous Instrument or Thing Into Place of Confinement
(Instruction - Unchanged)
(Notes on Use - Revision)
MACH-CR 29.78.2 Aiding Escape of a Prisoner: Assisting a Prisoner
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 329.78.2 Aiding Escape of a Prisoner: Assisting a Prisoner
(Instruction - Unchanged)
(Notes on Use - Revision)
MACH-CR 29.86 Tampering with a Witness
(Charge - Unchanged)
(Notes on Use - Revision)
MACH-CR 29.87 Victim Tampering
(Charge - Unchanged)
(Notes on Use - Revision)
MACH-CR 31.02 Driving While Intoxicated
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 331.02 Driving While Intoxicated
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 31.04 Driving with Excessive Blood Alcohol Content
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 331.04 Driving with Excessive Blood Alcohol Content
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.48 Driving While License Suspended, Revoked or Canceled
(Instruction - Unchanged)
(Notes on Use - Revision)
MACH-CR 32.64 Knowingly Releasing an Animal
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 332.64 Knowingly Releasing an Animal
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 333.00 Definitions - Specific
(Revision)

ORDER

1. Revisions, additions and withdrawals 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, additions and withdrawals 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 September 1, 2002, 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

Stephen N. Limbaugh, Jr.
Chief Justice

JOURNAL OF THE MISSOURI BAR
Volume 58 - No. 4 - July-August 2002