Supreme Court Rule Changes



In an order dated February 13, 1998, the Supreme Court of Missouri repealed subdivision 5.02 (Circuit Bar Committees ­ Membership and Tenure), subdivision 5.03 (Advisory Committee and Circuit Bar Committees ­ Divisions), subdivision 5.05 (Quorum of Committees, Divisions and Disciplinary Hearing Panels), subdivision 5.08 (Investigations ­ Jurisdiction), subdivisions (a) and (c) of subdivision 5.11 (Probable Cause Finding ­ Admonition or Information ­ Service on Respondent), subdivision 5.12 (Request for Review by Complainant), subdivisions (b) and (d) of subdivision 5.23 (Procedure Where Lawyer is Declared Incapacitated or Disabled or Alleged to be Incapacitated or Disabled), subdivision 5.32 (Cooperation and Assistance to the Board of Law Examiners) and subdivision 5.33 (Interpretation of Rule) of Supreme Court Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adopted a new subdivision 5.02 (Regional Disciplinary Committees ­ Membership and Tenure), a new subdivision 5.03 (Advisory Committee and Regional Disciplinary Committees ­ Divisions), a new subdivision 5.05 (Quorum of Committees, Divisions and Disciplinary Hearing Panels), a new subdivision 5.08 (Investigations ­ Jurisdiction), new subdivisions (a) and (c) of subdivision 5.11 (Probable Cause Finding ­ Admonition or Information ­ Services on Respondent), a new subdivision 5.12 (Request for Review by Complainant), new subdivisions (b) and (d) of subdivision 5.23 (Procedure Where Lawyer is Declared Incapacitated or Disabled or Alleged to be Incapacitated or Disabled), a new subdivision 5.32 (Cooperation and Assistance to the Board of Law Examiners) and a new subdivision 5.33 (Interpretation of Rule).

In the same order, the Supreme Court of Missouri repealed subdivision (c) of subdivision 6.02, entitled "Notice to Delinquents," subdivision 6.03, entitled "Enforcement of Suspension of Delinquents," and subdivisions (b)(1), (b)(2), and (b)(4) of subdivision 6.06, entitled "Disbursements of Funds ­ Authorization ­ Documentation," of Supreme Court Rule 6 (Annual Enrollment Statement) and adopted in their place a new subdivision 6.02, entitled "Notice to Delinquents," a new subdivision 6.03, entitled "Enforcement of Suspension of Delinquents," and new subdivisions of (b)(1), (b)(2) and (b)(4) of subdivision 6.06, entitled "Disbursement of Funds ­ Authorization ­ Documentation."

Also included in this order from the Supreme Court of Missouri was the repeal of subdivision (b) of subdivision 8.07 (Approval of Applications) and Regulation 3 thereto, of Supreme Court Rule 8, entitled "Admissions to the Bar," and replaced it with a new subdivision (b) of subdivision 8.07 (Approval of Applications) and Regulation 3 thereto.

The Supreme Court of Missouri in the same order repealed subdivision (3) of subdivision 16.02, entitled "Definitions," of Supreme Court Rule 16 (Substance Abuse Intervention) and adopted a new subdivision (3) of subdivision 16.02, entitled "Definitions."

The order was effective March 1, 1998.

The complete text of the order may be found in Wests Missouri Cases, 958 S.W.2d No.3, 959 S.W.2d No.1 (March 10, 1998), pp. Ct.R-1 ­ Ct.R-9*.

In an order dated March 2, 1998, the Supreme Court of Missouri repealed Civil Procedure Form No. 14, entitled "Presumed Child Support Amount Calculation Worksheet," as well as the directions for completion, comments for use, and schedule of basic child support obligations, and in lieu thereof adopted a new Civil Procedure Form No. 14, entitled "Presumed Child Support Amount Calculation Worksheet," as well as directions for completion, comments for use, assumptions, nd schedule of basic child support obligations.

The order was effective April 1, 1998.

The complete text of the order may be found in Wests Missouri Cases, 959 S.W.2d No.3 (March 24, 1998), pp. Ct.R-7 ­ Ct.R-32.

The Supreme Court of Missouri, in an order dated February 26, 1998, repealed subdivision (b) of subdivision 15.06 (Reporting Requirements ­ Sanctions ­ Review) of Supreme Court Rule 15, entitled "Continuing Legal Education," and adopted a new subdivision (b) of subdivision 15.06 (Reporting Requirements ­ Sanctions ­ Review).

The order was immediately effective.

The complete text of the order may be found in Wests Missouri Cases, 959 S.W.2d No. 4, 960 S.W.2d No.1 (March 31, 1998), pp. Ct.R 1 ­ Ct.R 2.

In an order dated March 31, 1998, the Supreme Court of Missouri vacated that portion of that Courts order of March 2, 1998 (effective April 1, 1998) adopting a new Civil Procedure Form No. 14, as well as directions for completion and comments for use.

This order was immediately effective.

The complete text of the order may be found in Wests Missouri Cases, 962 S.W.2d No.2, (April 28, 1998), p. Ct.R-2.

The Supreme Court of Missouri, in an order dated April 2, 1998, corrected subdivision a. (7) of subdivision 119.2, entitled "Order of Proceedings," of Supreme Court Rule 119, entitled "Hearing on Petition."

This order becomes effective January 1, 1999.

The complete text of the order may be found in Wests Missouri Cases, 962 S.W.2d No.2, (April 28, 1998), pp. Ct.R-3-Ct.R-4.

JOURNAL OF THE MISSOURI BAR
Volume 54 - No.2 - May-June 1998