17
February
2020
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04:12 PM
America/Chicago

Supreme Court rule changes

Vol. 76, No. 1 / January - February 2020

In an order dated November 15, 2019, the Supreme Court of Missouri repealed subdivision (a) of subdivision 6.06, entitled “Return to Active Status,” of Rule 6, entitled “Fees to Practice Law,” and in lieu thereof adopted a new subdivision (a) of subdivision 6.06, entitled “Return to Active Status.”

In the same order, the Court repealed Regulation 15.01, entitled “Definitions;” Regulation 15.02, entitled “Professionalism, Substance Abuse and Mental Health, Legal or Judicial Ethics and Malpractice Prevention Requirement;” Regulation 15.03, entitled “Duties of The Missouri Bar;” Regulation 15.04, entitled “Accreditation of Programs, Activities and Sponsors;” subdivision 15.05, entitled “Continuing Legal Education Requirements;” Regulation 15.05, entitled “Credit and Exemptions;” and Regulation 15.06, entitled “Reporting Requirements,” of Rule 15, entitled “Continuing Legal Education,” and in lieu thereof adopted a new Regulation 15.01, entitled “Definitions;” a new Regulation 15.03, entitled “Duties of The Missouri Bar;” a new Regulation 15.04, entitled “Accreditation of Programs, Activities and Sponsors;” a new subdivision 15.05, entitled “Continuing Legal Education Requirement;” and a new Regulation 15.05, entitled “Credit and Exemptions;” and a new Regulation 15.06, entitled “Reporting Requirements.”

In the same order, the Court repealed subdivisions (a) and (b) of subdivision 18.05, entitled “Continuing Judicial Education Requirements,” and Regulation 18.05, entitled “Accreditation of Programs, Seminars, Activities, and Sponsors,” of Rule 18, entitled “Municipal Judge – Continuing Education Requirements and Nonlawyer Certification,” and in lieu thereof adopted new subdivisions (a) and (b) of subdivision 18.05, entitled “Continuing Judicial Education Requirements,” and a new Regulation 18.05, entitled “Accreditation of Programs, Seminars, Activities, and Sponsors.”

The order became effective November 15, 2019.

 


 

The complete text of the order may be read in its entirety at www.courts.mo.gov.

The Supreme Court of Missouri, in an order issued November 19, 2019, repealed subdivision (h) of subdivision 4-1.15, entitled “Trust Accounts and Property of Others,” of Rule 4, entitled “Rules of Professional Conduct,” and in lieu thereof adopted a new subdivision (h) and a new paragraph [21] of the Comment of subdivision 4-1.15, entitled “Trust Accounts and Property of Others.”

In the same order, the Court repealed subdivision (b) of subdivision 5.225, entitled “Conditional Discipline,” and the heading title of subdivision 5.25, entitled “Voluntary Surrender of License,” of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adopted a new subdivision (b) of subdivision 5.225, entitled “Conditional Discipline,” and a new heading title of subdivision 5.25, entitled “Voluntary Surrender – Consent to Disbarment or Other Process.”

The order became effective November 19, 2019.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

The Supreme Court of Missouri, in an order dated November 19, 2019, repealed the heading title of subdivision 4-3.4 and paragraph [4] of the Comment of subdivision 4-3.4, entitled “Fairness to Opposing Party and Counsel,” of Rule 4, entitled “Rules of Professional Conduct,” and in lieu thereof adopted a new heading title and new paragraphs [4] and [5] of the Comment of subdivision 4-3.4, entitled “Duties to Opposing Party and Counsel and Ethical Obligation to Follow Court Orders and Rules.”

The order became effective November 19, 2019.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated November 19, 2019, the Supreme Court of Missouri repealed subdivision (d) of subdivision 84.24, entitled “Procedure as to Original Writs” of Rule 84, entitled “Procedure in All Appellate Courts,” and in lieu thereof adopted a new subdivision (d) of subdivision 84.24, entitled “Procedure as to Original Writs.”

The order will become effective July 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 24, 2019, the Supreme Court of Missouri announced that it has prepared and adopted Forms for Dissolution of Marriage and Parenting Plans, and Related Instructions.

They will become effective July 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 24, 2019, the Supreme Court of Missouri approved the Return to Active Status Application Form Pursuant to Rule 6.06(a).

The application form became effective December 24, 2019.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

The Supreme Court of Missouri, in an order dated December 24, 2019, repealed subdivision (h) of subdivision 5.19, entitled “Procedure Following Decision of a Disciplinary Hearing Panel,” of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adopted a new subdivision (h) of subdivision 5.19, entitled “Procedure Following Decision of a Disciplinary Hearing Panel,” and a new paragraph [1] of the Comment to subdivision 5.19.

The order became effective January 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 24, 2019, the Supreme Court of Missouri corrected an order of June 25, 2019, repealing and adopting subdivision (c) of subdivision 37.49, entitled “Local Violations Bureau – Violations Clerk – Schedule of Fines - Payment,” of Rule 37, entitled “Statutory and Ordinance Violations and Violation Bureaus.”

The order became effective January 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 24, 2019, the Supreme Court of Missouri corrected an order of October 1, 2019, repealing and adopting subdivision 4.04.1, entitled “Courts Using an Automated Case Management System Approved for Statewide Use by the State Judicial Records Committee,” of subdivision 4.04, entitled “File Numbers,” of Court Operating Rule 4, entitled “Uniform Record Keeping System.”

The order became effective January 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

The Supreme Court of Missouri, in an order dated December 24, 2019, repealed subdivision 10.55, entitled “Duties” of Rule 10, entitled “Non-partisan Judicial Commissions and Judicial Evaluation,” and in lieu thereof adopted a new subdivision 10.55, entitled “Duties.”

The order became effective December 24, 2019.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 24, 2019, the Supreme Court of Missouri repealed the title of Rule 155, entitled “Expungement of Arrest Records,” and in lieu thereof adopted a new title of Rule 155, entitled “Expungement.”

In the same order, the Court repealed subdivision 155.01, entitled “Commencement of Expungement Action;” subdivision 155.02, entitled “Filing Fees and Costs;” the heading title and subdivision 155.03, entitled “Hearing and Notice;” the heading title and subdivision 155.04, entitled “Order Directing Expungement;” and the heading title and subdivision 155.05, entitled “Availability of Petition,” of Rule 155, entitled “Expungement,” and in lieu thereof adopted a new subdivision 155.01, entitled “Commencement of Expungement Action;” a new subdivision 155.02, entitled “Filing Fees and Costs;” a new heading title and a new subdivision 155.03, entitled “Service;” a new heading title and a new subdivision 155.04, entitled “Notice and Hearing,” and a new heading title and a new subdivision 155.05, entitled “Judgment Directing Expungement.”

The order will become effective July 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

The Supreme Court of Missouri, in an order dated December 31, 2019, adopted a new subdivision 74.80, entitled “Actions Filed Pursuant to Chapter 535 – Itemization of Damages in Judgment,” of Rule 74, entitled “Judgments, Orders and Proceedings Thereon.”

In the same order, the Court adopted a new form pursuant to Rule 74.80, entitled “Itemization of Judgment.”

In the same order, the Court repealed subdivision 103.08, entitled “Service,” and subdivision 103.09, entitled “Notice of Entry of Orders and Judgments,” of Rule 103, entitled “Electronic Filing,” and in lieu thereof adoption of a new subdivision 103.08, entitled “Service,” and a new subdivision 103.09, entitled “Notice of Entry of Orders and Judgments.”

The order will become effective July 1, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.

 


 

In an order dated December 31, 2019, the Supreme Court of Missouri repealed subdivisions (a), (b), (c), and (f) of subdivision 15.06, entitled “Reporting Requirements – Sanctions – Review,” of Rule 15, entitled “Continuing Legal Education,” and in lieu thereof adopted new subdivisions (a), (b), (c), and (f) of subdivision 15.06, entitled “Reporting Requirements – Sanctions – Review.”

The order will become effective July 31, 2020.

The complete text of the order may be read in its entirety at www.courts.mo.gov.