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Supreme Court Rule Changes

 

In an order dated June 17, 2004, the Supreme Court of Missouri repealed subdivision 30.01(e), entitled "Notice of Appeal," of Rule 30 (Appellate Procedure in All Criminal Cases) and adopted a new subdivision 30.01(e), entitled "Notice of Appeal."

In the same order the Court repealed subdivision 43.02(c) (Filing with the Court – Facsimile Transmission) and subdivision 43.02(d) (Facsimile Filings in this Court) of Rule 43, entitled "Service and Filing of Pleadings and Papers," and in lieu thereof adopted a new subdivision 43.02(c) (Filing with the Court – Electronic Transmission) and a new subdivision 43.02(d) (Electronic Filing in this Court).

Also, in the order, the Court repealed subdivisions (a) and (b) of subdivision 51.05 (Change of Judge Procedure) of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge" and adopted new subdivisions (a) and (b) of subdivision 51.05 (Change of Judge Procedure).

In the same order, the Court repealed subdivision (a), entitled "Signature Required," of subdivision 55.03, entitled "Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions," of Rule 55 (Pleadings and Motions) and in lieu thereof adopted a new subdivision (a), entitled "Signature Required," of subdivision 55.03, entitled "Signing of Pleadings, Motions and Other Filings – Representations to Court – Sanctions."

Additionally, in this order, the Court repealed subdivision (d) of subdivision 73.01 (Trial Without Jury or with and Advisory Jury – Procedure) of Rule 73, entitled "Trial by Court," and adopted a new subdivision (d) of subdivision 73.01 (Trial Without Jury or with an Advisory Jury – Procedure).

The Court, in the same order, repealed subdivision 78.07 (After-trial Motion – Allegations of Error Required) of Rule 78, entitled "New Trials – After-trial Motions – Preservation of Error," and in lieu thereof adopted a new subdivision 78.07 (After-trial Motion – Allegations of Error Required).

And, the Court, in this order, repealed subdivision 81.04(c), entitled "Docket Fees," subdivision 81.08(a), entitled "Notice of Appeal," and subdivision 81.08(d), entitled "Duty to Notify" of Rule 81 (Appeals) and adopted a new subdivision 81.04(c), entitled "Docket Fees," a new subdivision 81.08(a), entitled "Notice of Appeal," and a new subdivision 81.08(d), entitled "Duty to Notify."

In the same order, the Court repealed subdivision 84.17 (Post-opinion Motions) and subdivision 81.18 (Costs of Appeal, When Allowed) of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adopted a new subdivision 84.17 (Post-disposition Motions) and a new subdivision 84.18 (Costs of Appeal, When Allowed).

This order becomes effective January 1, 2005.

The complete text of the order can be found in West’s Missouri Cases, 134 S.W.3d No. 2, 135 S.W.3d No.1 (July 6, 2004), pp. Ct.R-1 – Ct.R-8.