Section V Section 5

Constitution

Effective - 02 Sep 1976, see footnote   

  V Section 5.  Rules of practice and procedure — duty of supreme court — power of legislature. — The supreme court may establish rules relating to practice, procedure and pleading for all courts and administrative tribunals, which shall have the force and effect of law.  The rules shall not change substantive rights, or the law relating to evidence, the oral examination of witnesses, juries, the right of trial by jury, or the right of appeal.  The court shall publish the rules and fix the day on which they take effect, but no rule shall take effect before six months after its publication.  Any rule may be annulled or amended in whole or in part by a law limited to the purpose.

­­--------

Source: Const. of 1945 (Amended August 3, 1976).

(1954) Supreme Court rule as to appeals by state in criminal case does not deprive defendant of any right, and is valid since it only changes the mode of appeal, not the right. State v. Getty (Mo.), 273 S.W.2d 170.

(1956) Court rule could not change the law relating to the right of appeal, so that appeal by state from order setting aside verdict in criminal case on ground evidence was insufficient to sustain conviction would be dismissed. State v. Pottinger, 365 Mo. 794, 287 S.W.2d 782.

(1966) Canons of construction apply alike to enactments of General Assembly and rules promulgated by Supreme Court. State ex rel. R-I School District v. Ewing (A.), 404 S.W.2d 433.

(1995) Where supreme court rule requires bonds not exceeding double the judgment and section 521.070, RSMo, requires bonds of at least double the judgment sought, supreme court rule promulgated pursuant to this section supersedes statute. If there is a conflict between supreme court rules and a statute, the rule always prevails if it addresses practice, procedure or pleadings. State ex rel. Union Electric Co. v. Barnes, 893 S.W.2d 804 (Mo. en banc).