Rule 84 | Procedure in All Appellate Courts

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.01 | Motions, Pleadings and Other Papers – Signatures

(a) All motions, suggestions, and pleadings shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party.

(b) Unless otherwise ordered by the court, suggestions in opposition thereto may be filed within five days after the date of service. No motion shall be argued unless by direction of the court.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended September 11, 1990, effective July 1, 1991; amended September 28, 1993, effective January 1, 1994; amended December 22, 2009, effective July 1, 2010; amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 28, 2022

Most Recently Effective: July 01, 2023

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.015 | Redaction Requirements

(a) Redaction of Confidential Information. Unless otherwise ordered by the court, any counsel, party, or other person offering a document for filing in any court shall redact information that is confidential pursuant to statute, court rule or order, or other law. Such confidential information can include, but is not limited to:

(1) Social security numbers, driver's license numbers, state identification numbers, taxpayer identification numbers, and passport numbers;

(2) Financial institution account numbers, credit or debit card numbers, personal identification numbers, or passwords used to secure any such accounts or cards;

(3) Names, addresses, and contact information of informants, victims, witnesses, and persons protected under restraining or protection orders;

(4) Dates of birth;

(5) Names of individuals known to be minors; and

(6) Case numbers of confidential, expunged, or sealed records.

Filers should also exercise caution when filing documents that include medical records, employment history, financial records, proprietary information, or trade secrets.

(b) Responsibility for Redacting. For all documents offered for filing in any court, the responsibility for redacting confidential information rests solely with the counsel, party, or other person filing the document.

(c) Manner of Redacting. All redactions shall be done in a manner that makes it clear that the information has been redacted. If necessary to reference the redacted information in a redacted document, filers shall use generic descriptors.

(d) Redacted Information – How Provided. When a filer redacts information from a document offered for filing in any court, the filer also must contemporaneously file a confidential redacted information filing sheet that either:

(1) has the unredacted version of the document attached thereto; or

(2) sets out the information redacted from the document and explains either where the information was redacted from in the document or the generic descriptors used in the document to reference the redacted information.

(e) Certification. All filers shall affirmatively certify compliance with the redaction requirements in this rule when a document is filed. This certification shall be accomplished through an automated process implemented in the electronic filing system for its authorized users or, for filers who are not authorized users of the electronic filing system, by a paper form attached to the document or on the document itself. 


(Adopted June 28, 2022, effective July 1, 2023.)

First Adopted: June 13, 0197

Most Recently Effective: January 01, 2002

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.02 | Docketing Cases

After the notice of appeal has been filed, a docketing conference may be set by the court for the purpose of preparing a schedule for the filing of the record on appeal, including the transcript, and the briefs and considering the consolidation of related appeals. At a conference in a civil appeal the court may, inter alia, examine its jurisdiction and explore with the parties the possibility of settlement.

When the record on appeal is filed in the appellate court the case shall be docketed. Cases may be set for argument and submission in such order as the court deems advisable.

Appellate review of cases appealed under section 188.028.2(5), RSMo, shall be expedited.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended March 17, 1982, effective January 1, 1983; amended June 25, 2001, effective January 1, 2002.)

First Adopted: August 15, 2023

Most Recently Effective: July 01, 2024

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.025 | Filing In and Notice From Appellate Courts

(a) Electronic Filing. Except as otherwise specifically provided, this Court and the court of appeals require most documents to be electronically filed. Rule 103 and Court Operating Rule 27 govern the electronic filing of documents and apply if there is a conflict with any other Rule. When filing a document in an appellate court, Rule 103 and Court Operating Rule 27 should be reviewed as well as the local rules of the court in which the document is to be filed. If a document is filed electronically, no paper copies are required to be filed except as provided by local court rule.

(b) Paper Filing. Those who are ineligible to file documents electronically shall comply with all provisions of Rules 81 to 84 except the documents shall be filed in paper form with the clerk's office and shall comply with Rule 81.21 as to format.

(c) Notice. Any notice from the court shall be made to the registered users through the electronic filing system and to all others as provided in Rule 43.01.


(Adopted August 15, 2023, effective July 1, 2024.)

First Adopted: August 15, 2023

Most Recently Effective: July 01, 2024

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.026 | Service of Filings in Appellate Courts

(a) Initial Filings. The electronic filing system does not serve the initial filings on parties. For any new case filed in the electronic filing system in this Court or the court of appeals, including but not limited to initial filings pursuant to Rules 81.07, 83.01, 83.04, 84.035, and 84.24, service of the initially filed documents shall be made pursuant to Rule 43.01 with a certificate of service.

(b) Subsequent Filings. For filings on an existing case, registered users serve and receive service of all filings through the electronic filing system; no additional service or certificate of service is required.

(c) Parties Ineligible to Use the Electronic Filing System. If any party is ineligible to file documents through the electronic filing system, service after the initial filing shall be made as follows:

(1) Each registered user shall serve documents as provided by Rule 43.01 on every ineligible party;

(2) Each ineligible party shall serve documents as provided by Rule 43.01 on every party not represented by an attorney. Service of the documents need not be made on parties represented by an attorney; the notice generated by the electronic filing system shall constitute service on such parties.


(Adopted August 15, 2023, effective July 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2024

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.03 | Format of Documents

(a) Briefs filed in the appellate courts shall conform to the requirements of Rule 84.06. Transcripts filed in the appellate courts shall conform to the requirements of Rule 81.12.

(b) Except as provided by local court rules, all other documents filed in the appellate courts shall conform to the following provisions:

(1) Documents shall be legible, formatted for pages of size 8 ½ x 11 inches, and have all pages, including the cover page, consecutively paginated using Arabic numerals at the bottom.

(2) Documents shall have a left, right, top, and bottom margin of not less than one inch and shall have line spacing not less than 1.5, except that the following may be single-spaced: the caption; headings; quotations more than two lines long; footnotes; certificate of service or other certificates required by Rule 84.06(c); and signature block. Page numbers may appear in the bottom margin, but no other text may appear in the margins.

(3) The font, including footnotes, shall not be smaller than 13 point, Times New Roman.

(c) The following documents shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing:

(1) Applications and Motions;

(2) Suggestions;

(3) Briefs;

(4) Petitions for a Writ; and

(5) Answers and Returns to a Writ.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective January 1, 1980; amended September 28, 1993, effective January 1, 1994. Repealed December 27, 2012, effective July 1, 2013. Readopted March 7, 2023, effective January 1, 2024.)

First Adopted: June 21, 2005

Most Recently Effective: January 01, 2009

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.035 | Appeals from Orders Granting or Denying Class Certification

(a) A party seeking permission to appeal from an order granting or denying class action certification shall file a petition for permission to appeal with the court of appeals within ten days of the entry of the order of which the party complains.

(b) The petition shall include the following:

(1) The question presented;

(2) A concise statement of facts necessary to understand the question presented;

(3) The relief sought, if an appeal is granted;

(4) A concise statement of reasons why the appeal should be allowed;

(5) A request for stay, if one is being sought;

(6) A copy of the order complained of and any related opinion or memorandum and any other documents that may be essential to an understanding of the matters set forth in the petition. The documents shall be attached as exhibits. The pages of the exhibits shall be numbered consecutively. An index of all exhibits shall be attached;

(7) Proof of service of a copy of the petition and exhibits on the trial judge and all other parties to the underlying action.

(c) A party may file a response opposing the petition, along with any other portions of the record, within ten days after the petition is filed.

(d) An original and such number of copies as the court may require of all filings associated with a petition for appeal by permission shall be filed.

(e) The petition to appeal will be decided on the basis of the petition and response without further briefing or oral argument unless the court otherwise orders.

(f) If the petition is granted, the appellant shall file a notice of appeal along with the required docket fee and all necessary attachments with the appropriate circuit clerk within 10 days of entry of the order granting permission to appeal.

(g) The appellant shall file a brief within 30 days of the filing of the notice of appeal in the circuit court. The respondent may file a brief within 20 days of the filing of the appellant’s brief. The appellant may file a reply brief within 10 days of the filing of the respondent’s brief.

(h) The petition for permission to appeal, together with the attached exhibits, the response, and any portions of the record filed with the response by the party opposing the petition shall constitute the record, and no separate record need be prepared for the appellate court. Either party may supplement the appellate record by filing on or before the date the main brief is filed any additional portions of the trial court record and proceedings necessary to the determination of the questions presented on appeal.

(i) The appeal of any order granting or denying class action certification shall not stay the proceedings in the trial court unless the trial judge or the appellate court so orders.

(j) If the petition to appeal is denied, further review, if any, of the trial court’s order granting or denying class action certification shall be by petition for original remedial writ filed directly in this Court.


(Adopted June 21, 2005, effective January 1, 2006. Amended June 23, 2008, effective January 1, 2009.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2018

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.04 | Briefs – Contents

(a) Contents. The brief for appellant shall contain:

(1) A detailed table of contents, with page references, and a table of cases (alphabetically arranged), statutes, and other authorities cited, with reference to the pages of the brief where they are cited;

(2) A concise statement of the grounds on which jurisdiction of the review court is invoked;

(3) A statement of facts;

(4) The points relied on;

(5) An argument, which shall substantially follow the order of the points relied on; and

(6) A short conclusion stating the precise relief sought.

(b) Jurisdictional Statement. Bare recitals that jurisdiction is invoked "on the ground that the case involves the validity of a statute" or similar statements or conclusions are insufficient as jurisdictional statements. The jurisdictional statement shall set forth sufficient factual data to demonstrate the applicability of the particular provision or provisions of article V, section 3, of the Constitution upon which jurisdiction is sought to be predicated. For example: "The action is one involving the question of whether the respondent's machinery and equipment used in its operations in removing rock from the ground are exempt from the state sales tax law as being machinery and equipment falling within the exemption provided by section 144.030.3(4), RSMo, and hence involves the construction of a revenue law of this state."

(c) Statement of Facts. The statement of facts shall be a fair and concise statement of the facts relevant to the questions presented for determination without argument. All statement of facts shall have specific page references to the relevant portion of the record on appeal, i.e., legal file, transcript, or exhibits. If the citation is to the system-generated legal file, it shall include the system-generated appeal document number and page number (e.g., D6 p. 7). If the portion cited is contained in the appendix, a page reference to the appendix shall also be included (e.g., D6 p. 7; App 9).

(d) Points Relied On.

(1) Where the appellate court reviews the decision of a trial court, each point shall:

(A) Identify the trial court ruling or action that the appellant challenges;

(B) State concisely the legal reasons for the appellant's claim of reversible error; and

(C) Explain in summary fashion why, in the context of the case, those legal reasons support the claim of reversible error.

The point shall be in substantially the following form: "The trial court erred in [identify the challenged ruling or action], because [state the legal reasons for the claim of reversible error], in that [explain why the legal reasons, in the context of the case, support the claim of reversible error]."

(2) Where the appellate court reviews the decision of an administrative agency, rather than a trial court, each point shall:

(A) Identify the administrative ruling or action the appellant challenges;

(B) State concisely the legal reasons for the appellant's claim of reversible error; and

(C) Explain in summary fashion why, in the context of the case, those legal reasons support the claim of reversible error.

The point shall be in substantially the following form: "The [name of agency] erred in [identify the challenged ruling or action], because [state the legal reasons for the claim of reversible error, including the reference to the applicable statute authorizing review], in that [explain why, in the context of the case, the legal reasons support the claim of reversible error]."

(3) In an original writ proceeding, each point shall:

(A) State what relief the petitioner or relator seeks from the appellate court;

(B) Identify the action that the petitioner or relator challenges;

(C) State concisely the legal reasons for the challenge to respondent's action; and

(D) Explain in summary fashion why, in the context of the case, those legal reasons support the challenge.

For an action in prohibition, the point shall be in substantially the following form: "Relator is entitled to an order prohibiting Respondent from [describe challenged action], because [state the legal reasons for the challenge], in that [explain why, in the context of the case, the legal reasons support the challenge]." For other remedial writs, the introductory language should be altered appropriately.

(4) Abstract statements of law, standing alone, do not comply with this rule. Any reference to the record shall be limited to the ultimate facts necessary to inform the appellate court and the other parties of the issues. Detailed evidentiary facts shall not be included.

(5) Immediately following each "Point Relied On," the appellant, relator, or petitioner shall include a list of cases, not to exceed four, and the constitutional, statutory, and regulatory provisions or other authority upon which that party principally relies.

(6) If a party asserts error relating to damages, the party may assert its material effect on the judgment, including that the judgment is inadequate or excessive, in the same "Point Relied On."

(e) Argument. The argument shall substantially follow the order of "Points Relied On." The point relied on shall be restated at the beginning of the section of the argument discussing that point. The argument shall be limited to those errors included in the "Points Relied On."

For each claim of error, the argument shall also include a concise statement describing whether the error was preserved for appellate review; if so, how it was preserved; and the applicable standard of review.

If a point relates to the giving, refusal or modification of an instruction, such instruction shall be set forth in full in the argument portion of the brief.

Long quotations from cases and long lists of citations should not be included.

All factual assertions in the argument shall have specific page references to the relevant portion of the record on appeal, i.e., legal file, transcript, or exhibits. If the citation is to the system-generated legal file, it shall include the system-generated appeal document number and page number (e.g., D6 p. 7). If the portion cited is contained in the appendix, a page reference to the appendix shall also be included (e.g., D6 p. 7; App 9).

(f) Respondent's Brief. The respondent's brief shall include a detailed table of contents, a detailed table of authorities, and an argument in conformity with this Rule 84.04.

If the respondent is dissatisfied with the accuracy or completeness of the jurisdictional statement or statement of facts in the appellant's brief, the respondent's brief may include a jurisdictional statement or statement of facts.

The argument portion of the respondent's brief shall contain headings identifying the points relied on contained in the appellant's brief to which each such argument responds. The respondent's brief may also include additional arguments in support of the judgment that are not raised by the points relied on in the appellant's brief.

(g) Reply Briefs. The appellant may file a reply brief but shall not reargue points covered in the appellant's initial brief.

(h) Appendix. A party’s brief shall be accompanied by a separate appendix containing the following materials, unless the material has been included in a previously filed appendix:

(1) The judgment, order, or decision in question, including the relevant findings of fact and conclusions of law filed in a judge-tried case or by an administrative agency;

(2) The complete text of all statutes, ordinances, rules of court, or agency rules claimed to be controlling as to a point on appeal; and

(3) The complete text of any instruction to which a point relied on relates.

An appendix also may set forth matters pertinent to the issues discussed in the brief such as copies of exhibits, excerpts from the written record, and copies of new cases or other pertinent authorities.
The appendix shall have a separate table of contents.

The pages in the appendix shall be numbered consecutively beginning with page A1. The inclusion of any matter in an appendix does not satisfy any requirement to set out such mater in a particular section of the brief.

An appendix to a brief on appeal, regardless of the number of pages it contains, shall be filed as a separate document.

(i) Cross Appeals. If a cross appeal is filed, the plaintiff in the court below shall be deemed the appellant for purposes of this Rule 84.04, unless the parties otherwise agree or the court otherwise orders. The appellant's initial brief shall be filed as otherwise provided in this Rule 84.04 and Rule 84.05. The respondent's initial brief shall contain the issues and argument involved in the respondent's appeal and the response to the brief of the appellant. The appellant may file a second brief in response to the respondent's brief setting forth respondent's appeal and in reply to the respondent's brief opposing appellant's appeal. The respondent may file a reply brief in reply to appellant's response to the issues presented by respondent's appeal. The briefs otherwise shall comply with Rule 84.06. No further briefs shall be filed without leave of the court.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended May 15, 1998, effective January 1, 1999; amended May 27, 1999, effective January 1, 2000; amended May 26, 2000, effective January 1, 2001; amended December 15, 2000, effective July 1, 2001; amended May 16, 2001, effective July 1, 2001; amended May 23, 2001, effective January 1, 2002; amended January 28, 2002, effective January 1, 2003; amended June 21, 2005, effective January 1, 2006; amended December 18, 2007, effective July 1, 2008; amended June 28, 2011, effective January 1, 2012; amended May 30, 2012, effective January 1, 2013; amended May 19, 2016, effective January 1, 2017; amended June 30, 2017, effective January 1 2018.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2024

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.05 | Briefs – When and By Whom Filed

(a) Time of Filing. Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file the appellant's brief. Within 30 days after the filing of appellant's brief, respondent shall file respondent's brief. Within 15 days after the filing of respondent's brief, the appellant may file a reply brief. The appellate court may, by order in specific cases, either shorten or lengthen the periods prescribed above for filing briefs.

(b) Time of Filing in Cross Appeals. Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file appellant's brief. Within 30 days after the filing of the appellant's brief, respondent/cross-appellant shall file respondent/cross-appellant's brief. Within 30 days after the filing of respondent/cross-appellant's brief, appellant may file appellant's brief in response to the cross appeal and in reply to the respondent's brief. Within 15 days thereafter, the cross-appellant may file cross-appellant's reply brief.

The appellate court may, by order in specific cases, either shorten or lengthen the time prescribed above for filing briefs.

(c) Where Trial Court Fails to Specify Grounds for the Granting of a New Trial. When a trial court grants a new trial without specifying of record the ground or grounds on which the new trial is granted, the presumption shall be that the trial court erroneously granted the motion for new trial and the burden of supporting such action is placed on the respondent. In such event, if the appellant files a statement requesting that respondent prepare the original brief on or before the time when the record on appeal is filed, the respondent shall file the original brief and reply brief, if any, within the time otherwise required for the appellant to file briefs. The appellant shall file the answer brief in the time otherwise required for the respondent to file the respondent's brief.

(d) Where New Trial Is Granted by Trial Court Without Specifying Discretionary Grounds. If the trial court grants a new trial without specifying discretionary grounds, it shall never be presumed that the new trial was granted on any discretionary grounds.

(e) Where Circuit Court Reverses a Decision of An Administrative Agency. If the circuit court reverses a decision of an administrative agency and the appellate court reviews the decision of the agency rather than of the circuit court, a party aggrieved by the circuit court decision shall file a notice of appeal and the record on appeal and shall file with the record on appeal a notice designating the party that is aggrieved by the agency decision. The party aggrieved by the agency decision shall file the appellant's brief and reply brief, if any, within the time otherwise required for the appellant to file briefs.

If a party who is aggrieved by an agency decision fails to file the first brief, that party shall be given notice of dismissal as required in Rule 84.08.

(f) Briefs and Suggestions of Amicus Curiae in This Court.

(1) Suggestions may be filed in this Court by amicus curiae in support of or in opposition to the granting of applications for transfer. Such suggestions are not favored. The suggestions shall only be filed with the consent of all parties or upon order of this Court. The suggestions shall not exceed five pages and shall be filed only if submitted a reasonable time prior to consideration by this Court of the application. Consideration of the application by this Court shall not be delayed pending receipt of the suggestions.

(2) A brief may be filed by amicus curiae in cases before this Court on the merits. The brief shall only be filed with the consent of all parties or upon order of this Court. The brief shall only be filed if presented for filing within the time allowed for the filing of the brief of the party supported.

(3) If consent to the filing of suggestions or a brief by amicus curiae is refused by a party to the case, a motion for leave to file may be filed with this Court. The motion for leave to file shall identify the parties refusing consent, concisely state the nature of the applicant's interest, and set forth facts or questions of law that have not been, or reasons for believing that they will not be, presented adequately by the parties, and their relevancy to the disposition of the case. The motion shall not exceed five pages. The brief shall be conditionally filed with the motion for leave. A party may file an objection to the filing of a brief of an amicus curiae concisely stating the reasons for withholding consent.

(4) Consent to the filing of suggestions or a brief of an amicus curiae need not be had when the suggestions or brief are presented by the attorney general or by a state entity authorized by law to appear on its own behalf.

(5) All suggestions and briefs filed by amicus curiae shall conform with Rule 84.03 and Rule 84.06, respectively.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective January 1, 1980; amended April 21, 1988, effective January 1, 1989; amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended April 23, 1996, effective January 1, 1997; amended October 2, 1996, effective January 1, 1997; amended November 26, 1997, effective July 1, 1998; amended May 26, 2000, effective January 1, 2001; amended December 15, 2000, effective July 1, 2001; amended May 23, 2001, effective January 1, 2002; amended December 18, 2007, effective July 1, 2008; amended December 22, 2009, effective July 1, 2010; amended June 25, 2010, effective January 1, 2011; amended May 19, 2016, effective January 1, 2017; amended March 7, 2023, effective January 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2024

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.06 | Form of Briefs

(a) Size – Type – Form. A brief shall conform to Rule 84.03(b) in addition to the requirements of this Rule.

(b) Length. Except as provided by local court rules, the length of briefs shall be as follows: Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed 31,000 words. Respondent's brief shall not exceed 27,900 words; Appellant's reply brief shall not exceed 7,750 words.

All material contained in the brief except the cover, any certificate required by Rule 84.06(c), signature block, and appendix count toward the word limitations.

(c) Certification. A brief submitted under this Rule 84.06 shall contain a certificate of compliance by the lawyer or self-represented person that:

(1) Includes the information required by Rule 55.03;

(2) Includes information as to how the brief was served on the opposing party, whether pursuant to Rule 43.01(c) or Rule 103.08;

(3) States that the brief complies with the limitations contained in Rule 84.06(b); and

(4) States the number of words in the brief.

The person preparing the certificate may rely on the word count of the word-processing system used to prepare the brief.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective January 1, 1980; amended August 16, 1983, effective July 1, 1984; amended June 24, 1986, effective January 1, 1987; amended June 1, 1993, effective January 1, 1994; amended May 27, 1999, effective January 1, 2000; amended May 26, 2000, effective January 1, 2001; amended May 23, 2001, effective January 1, 2002; amended June 21, 2002, effective January 1, 2003; amended December 23, 2003, effective July 1, 2004; amended June 27, 2006, effective January 1, 2007; amended June 26, 2007, effective January 1, 2008; amended December 18, 2007, effective July 1, 2008; amended May 19, 2016, effective January 1, 2017; amended June 30, 2017, effective January 1, 2018; amended June 29, 2018, effective January 1, 2019; amended March 7, 2023, effective January 1, 2024.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2010

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.07 | [REPEALED]

[Repealed by order dated December 22, 2009, effective July 1, 2010.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.08 | Involuntary Dismissal of Appeal – Notices

(a) After the timely filing of a notice of appeal, if the appellant fails to take the further steps required to secure review of the appeal within the periods of time allowed or as extended, the clerk shall place the case on a dismissal docket. The clerk shall notify all parties that the appeal will be dismissed unless the appellant remedies the default before a specified date. The date shall not be less than 15 days from the date of the notice. If the default is not remedied by that date, an order of dismissal shall be entered.

(b) If the party who is aggrieved by an agency decision fails to file the first brief as required under Rule 84.05, that party shall be given notice as otherwise required in this Rule 84.08. If the party fails to remedy the default, any party aggrieved by the circuit court decision may file a motion in the appellate court requesting that the judgment of the circuit court be vacated.


(Adopted June 13, 1979, effective January 1, 1980. Amended March 29, 1983, effective January 1, 1984; amended June 23, 1987, effective January 1, 1988; amended June 21, 2005, effective January 1, 2006; amended June 25, 2010, effective January 1, 2011; amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1994

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.09 | Appeal – Dismissal in Appellate Court

An appellant may file a dismissal of the appellant's appeal in the appellate court at any time prior to the submission of the cause in the appellate court.


(Adopted June 13, 1979, effective January 1, 1980. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 01, 1980

Most Recently Effective: January 01, 1994

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.10 | [REPEALED]

[Repealed by order dated June 1, 1993, effective January 1, 1994.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.11 | [REPEALED]

Repealed by order dated May 19, 2016, effective January 1, 2017.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2022

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.12 | Oral Argument

(a) The time for oral argument in this Court and in each district of the court of appeals shall be as ordered by the court in which the appeal is pending. Time may be extended by the presiding judge to the extent of time taken by questions from the bench and answers thereto. The appellant may divide the allotted time between the original and reply argument, but no more than one-fourth of the time shall be consumed by reply argument. Cross-appeals shall be treated as one cause, and in such case the plaintiff in the trial court shall be entitled to the time allotted to the appellant and the defendant in the trial court to the time allotted to the respondent, unless the parties otherwise agree or the court otherwise orders.

(b) Any party, intervenor, or amicus who does not file a brief on appeal or whose brief has been stricken will not be permitted to present oral argument unless permitted by the court for good cause shown.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended May 14, 1991, effective January 1, 1992; amended September 28, 1993, effective January 1, 1994; amended June 20, 2013, effective January 1, 2014; amended June 29, 2021, effective January 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2012

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.13 | Allegations of Error Considered – Reversible Error – Review in Cases Tried Without a Jury or With an Advisory Jury

(a) Preservation of Error in Civil Cases. Apart from questions of jurisdiction of the trial court over the subject matter, allegations of error not briefed or not properly briefed shall not be considered in any civil appeal and allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury tried case.

(b) Materiality of Error. No appellate court shall reverse any judgment unless it finds that error was committed by the trial court against the appellant materially affecting the merits of the action.

(c) Plain Error may be Considered. Plain errors affecting substantial rights may be considered on appeal, in the discretion of the court, though not raised or preserved, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

(d) Appellate review in cases tried without a jury or with an advisory jury.

(1) The court shall review the case upon both the law and the evidence as in suits of an equitable nature;

(2) The court shall give due regard to the opportunity of the trial court to have judged the credibility of witnesses;

(3) The court shall consider admissible evidence that was rejected by the trial court and preserved. The court may order that proffered evidence that was rejected by the trial court and not preserved be taken by the deposition or by reference to a master under Rule 68.03 and returned to the appellate court.


(Adopted June 13, 1979, effective January 1, 1980. Amended June 23, 1987, effective January 1, 1988; amended April 21, 1988, effective January 1, 1989; amended May 27, 1999, effective January 1, 2000; amended December 16, 2011; effective July 1, 2012.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2002

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.14 | Disposition on Appeal

The appellate court shall award a new trial or partial new trial, reverse or affirm the judgment or order of the trial court, in whole or in part, or give such judgment as the court ought to give. Unless justice otherwise requires, the court shall dispose finally of the case.


(Adopted June 13, 1979, effective January 1, 1980. Amended May 23, 2001, effective January 1, 2002.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.15 | Decision of Majority of Judges Shall Be Decision of Court

The decision of the majority of the judges of this Court sitting en banc or of any district of the Court of Appeals sitting en banc shall be the decision of the court, but if in any case the judges shall be equally divided in opinion then an additional judge shall be temporarily transferred to the court or district pursuant to Section 6, Article V, of the Constitution and the case shall be reheard. The decision of the majority of the judges of a division of this Court shall be the decision of the court unless the case is transferred to the court en banc. Unless pursuant to its own rules a district of the Court of Appeals determines to hear a case en banc, the decision of a majority of a division of that district shall be the decision of the district.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2001

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.16 | Opinion in Writing – Memorandum Decisions and Written Orders – When Filed – How Endorsed and Transmitted

(a) Written Decision Required. In each case determined by this Court or by any district of the Court of Appeals, the judicial decision shall be reduced to writing and filed in the cause. If the decision is not unanimous, the writing shall show which judges concurred therein or dissented therefrom.

(b) Memorandum Decisions and Written Orders. In a case where all judges agree to affirm and further believe that an opinion would have no precedential value, disposition may be by a memorandum decision or written order. A memorandum decision or written order may be entered only when the appellate court unanimously determines that any one or more of the following circumstances exists and is dispositive of a matter submitted for decision:

(1) That a judgment of the trial court reviewable under Rule 84.13(d) is supported by substantial evidence and is not against the weight of the evidence (Note: see Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976));

(2) That a judgment of the trial court in a proceeding under Rule 24.035 or Rule 29.15 is based on findings of fact that are not clearly erroneous;

(3) That the evidence in support of a jury verdict is not insufficient;

(4) That the order of an administrative agency is supported by competent and substantial evidence on the whole record;

(5) That no error of law appears.

If a memorandum decision is issued, it shall state at least the following:

(1) The court from which the appeal comes;

(2) The nature of the proceedings below, e.g., trial by court, jury trial, administrative review, etc.;

(3) The nature of the case, e.g., personal injury or contract suit;

(4) Such other matters as in the opinion of the court are necessary for an understanding of the case; and

(5) A statement that the affirmance is in compliance with this Rule 84.16(b).

A written order may state only the action of the court.

A written statement may be attached to the memorandum decision or written order setting out the basis for the court's decision. The statement shall be unanimous, shall not constitute a formal opinion of the court, shall not be reported, and shall not be cited or otherwise used in any case before any court.

(c) Endorsement and Transmittal to Court. The clerk of an appellate court, when the opinion of the court is filed, shall endorse thereon the day on which it is filed and enter the same on the minutes.

(d) Opinion Furnished Free of Charge. The clerk of each appellate court shall furnish promptly free of charge a copy of the decision, written order or opinion of the court to counsel for each party on appeal.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979; amended June 24, 1982, effective January 1, 1983; amended February 20, 1987, effective January 1, 1988; amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended June 25, 1999, effective January 1, 2000; amended May 26, 2000, effective January 1, 2001.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.17 | Post-Disposition Motions

(a) Post-disposition motions. In addition to an application for transfer under Rule 83, any party may file the following post-disposition motions:

(1) A motion for rehearing. The motion shall briefly and distinctly state the grounds upon which rehearing is sought. The purpose of a motion for rehearing is to call attention to material matters of law or fact overlooked or misinterpreted by the court, as shown by its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision or order of dismissal. Reargument of issues determined by the court will be disregarded.

(2) A motion to modify. The motion shall briefly and distinctly state the grounds upon which modification is sought. The purpose of a motion to modify is to correct errors of law or fact that do not affect the disposition of the case.

(3) A motion to publish an opinion. The motion shall briefly and distinctly explain why the court's disposition of the appeal has precedential value, in whole or in part.

(b) Procedure for filing. A motion under this Rule 84.17 shall be filed within 15 days after the court files its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal and may be accompanied by suggestions in support containing citation of authority.

(c) Responses. No suggestions in opposition to a post-disposition motion shall be filed unless requested by the court. Within ten days after the court’s request for the suggestions, any party may file suggestions in opposition to the motion.

(d) Repetitive motions. If a motion for rehearing is overruled and the opinion is not materially modified, no further motion by the same party for rehearing or to set aside the order overruling the motion for rehearing may be filed. If the opinion is materially modified, any party may file a motion for rehearing as though the modified opinion is the original opinion.

Committee Note – 1983

The language "after the cause has been once reheard" was deleted from prior Rule 84.17 to allow the filing of a motion for rehearing when a motion for rehearing is sustained and another opinion is filed.

Note that Rule 83.04 contains conditions precedent for filing an application for transfer to this court.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended June 24, 1982, effective January 1, 1983; amended September 10, 1982, effective January 1, 1983; amended September 28, 1993; amended February 23, 1996, effective January 1, 1997; amended March 20, 2001, effective January 1, 2002; amended February 27, 2002, effective January 1, 2003; amended June 17, 2004, effective January 1, 2005; amended May 19, 2016, effective January 1, 2017.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2005

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.18 | Costs of Record on Appeal – When Allowed

Except where the court for good cause shown directs otherwise, costs of the appeal shall be assessed as follows: If the appellant wins in the appellate court, that court shall tax the docket fee and the cost of the record on appeal in appellant’s favor. If the appellant is the losing party, the appellant shall stand the cost of the record on appeal including the cost of any part thereof supplied by the respondent and found necessary. In those cases where the appellant takes an appeal to review only legal questions pertaining to instructions, given or refused, and the evidence is unnecessary to the determination of the cause, but the respondent requests the appellant to include the evidence in the record on appeal, then the cost of supplying such evidence shall be taxed against the respondent.

Counsel preparing the record shall certify the cost of preparing the legal file and any relevant subportions thereof and shall indicate which parties ordered the subportions thereof.

The cost of preparing the transcript shall be certified thereon by the reporter. Transcript costs will be allowed for all copies of transcripts required by these rules.


(Adopted June 13, 1979, effective January 1, 1980. Amended September 28, 1993, effective January 1, 1994; amended June 17, 2004, effective January 1, 2005.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.19 | Damages for Frivolous Appeals

If an appellate court shall determine that an appeal is frivolous it may award damages to the respondent as the court shall deem just and proper.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2000

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.20 | Communications to Court

All motions, briefs, letters, or communications by any party or amicus curiae relating to a matter pending in the court must be addressed to the clerk, who will lay them before the court in due course. Any other letter or communication relating directly or indirectly to any pending matter, addressed to the court or any judge of the court, will not be considered by the court. The clerk may return any such letter or communication to the sender or may refer such letter or communication to the appropriate entity or person.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended January 5, 1999, effective January 1, 2000.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.21 | Allowances to Garnishees

Garnishees claiming any allowance in an appellate court must do so on or before a final submission of the cause on briefs. They shall accompany the claim for allowance with a sworn statement of expenditures paid or incurred upon the appeal. A copy of the claim shall be served on the opposing party who shall have ten days thereafter in which to file objections thereto.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 1997

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.22 | Granting Original Writs

(a) No original remedial writ shall be issued by an appellate court in any case wherein adequate relief can be afforded by an appeal or by application for such writ to a lower court.

(b) If a judgment has been entered and an appeal of the judgment is pending or the time for filing an appeal has not expired, no original remedial writ shall be issued by an appellate court, or any district thereof, with respect to any matter collateral to the appeal unless the appeal is pending in the court and district, if the appeal has been filed, or the court and district would have jurisdiction of the appeal if one is timely filed. For purposes of this Rule 84.22(b), a motion filed pursuant to Rule 24.035 or Rule 29.15 is a matter collateral to the appeal.


(Adopted June 13, 1979, effective January 1, 1980. Amended April 26, 1994, effective January 1, 1995; amended October 22, 1996, effective July 1, 1997.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.23 | Return of Original Writs

Original writs or other process may be issued by this Court en banc, or by either division thereof, or by any judge in vacation. Such writ or other process may be made returnable to and disposed of by the court en banc or by any division.

Original writs or other process may be issued by any district of the Court of Appeals en banc, or by any division thereof, or by any judge in vacation. Such writ or other process may be made returnable to and disposed of by the district of the Court of Appeals en banc or by any division.


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2020

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.24 | Procedure as to Original Writs

(a) Proceedings on petitions for original remedial writs shall be as prescribed in these Rules 84.22 through 84.26 and in Rules 91 through 98 as applicable. Petitions for original remedial writs shall be accompanied by a docket fee in the amount specified by Rule 81.04(d).

The petition shall be filed by the clerk of the court to which it is presented upon presentation of:

(1) The petition and the writ summary, which shall not exceed one page exclusive of the caption and identity of the parties and their attorneys in the underlying action, substantially in conformity with Civil Procedure Form No. 16;

(2) Suggestions in support of the petition;

(3) The docket fee; a statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or a motion to proceed in forma pauperis; and

(4) Proof of service, prior to or on the day of presentation of the petition for filing, of a copy of the petition, the writ summary, and the suggestions in support of the petition upon the respondent and, if applicable, all parties in the underlying action. Such proof of service shall state the name, address, electronic mail address, and telephone number of:

(A) Each attorney served and the name of the party such attorney represents, and

(B) Each self-represented party served.

(b) The filing of a petition for an original remedial writ does not affect the authority of the respondent to act or the validity of the respondent's action.

(c) Within ten days after the filing of the petition for an original writ, the respondent may file suggestions in opposition to the issuance of the writ. Within that same time, any party in the underlying matter may file suggestions in opposition, either individually or jointly with any other person filing such suggestions.

(d) Except as provided in Rule 84.24(e), the writ shall not issue before the expiration of the time for the respondent to file suggestions in opposition to the issuance of the writ. A denial of the petition for the writ may be made at any time after filing of the petition. If a preliminary writ is issued, an answer to the petition shall be filed within such time as the court specifies by order. Within that same time, any party in the underlying matter may file an answer to the petition, either individually or jointly with any other person filing an answer. In issuing a preliminary writ, appellate courts may use the forms approved for use in the circuit courts or employ other language as the circumstances may require.

(e) Whenever in the judgment of the court the purpose of the writ would be defeated if the time limits set forth in Rule 84.24(c) or Rule 84.24(d) are enforced, the court, on motion of the petitioner or relator or on its own motion, may shorten the time for filing suggestions in opposition to the petition or dispense with such time limits altogether, and it may issue the writ upon the expiration of the time as so shortened or, if the court dispenses with such time, immediately.

(f) Oral argument will not be granted on petitions for original remedial writs.

(g) The petition for the writ, together with the suggestions in support thereof, any exhibits accompanying the petition, all suggestions in opposition, the writ and return of service thereon, the answer made to the petition for the writ, and all other papers, documents, orders, and records filed in the appellate court constitute the record. No record under Rule 81.12 is required.

(h) If the writ is issued, briefs shall be filed as is required on appeals, except that the time for filing the briefs shall be as follows: The brief of the petitioner or relator shall be filed within 30 days from the answer date in the preliminary order; respondent's brief shall be filed within 20 days thereafter; and if petitioner or relator desires to file a reply brief, it shall be filed within ten days thereafter. When a master is appointed, the time for filing briefs shall date from the filing of the report or, if exceptions are filed, from the time of disposition of the exceptions.

(i) Whenever in the judgment of the court the procedure heretofore required would defeat the purpose of the writ, the court may dispense with such portions of the procedure as is necessary in the interest of justice.

(j) No petition for a writ of habeas corpus for the purpose of having the petitioner admitted to bail in any criminal case, either before trial or while such is pending in the appellate court upon appeal, shall be considered unless service of the petition and suggestions in support thereof, as required by Rule 84.24(a), be made upon the attorney general in cases pending upon appeal or otherwise on the prosecuting officer of the jurisdiction in which such criminal case originated.

(k) If a permanent writ in mandamus or prohibition is ordered to issue, the court shall issue an opinion setting out its reasons for issuing the writ. The opinion shall be filed contemporaneously with the order to issue the writ or, if exigent circumstances require, within a reasonable time after the issuance of the writ.

(l) If a permanent writ is denied without an opinion issuing, a motion for reconsideration of the court's action, however denominated, shall not be filed.

(m) If the court disposes of a petition for a writ by the issuance of an opinion, further review of the action shall be allowed only as provided in Rule 83 and Rule 84.17.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended June 5, 1980, effective January 1, 1981; amended September 10, 1982, effective January 1, 1983; amended April 21, 1988, effective January 1, 1989; amended June 1, 1993, effective January 1, 1994; amended October 24, 1995, effective July 1, 1996; amended May 15, 1998, effective January 1, 1999; amended April 25, 2003, effective January 1, 2004; amended June 21, 2005, effective January 1, 2006; amended December 22, 2009, effective July 1, 2010; amended August 23, 2011, effective January 1, 2012; amended May 19, 2016, effective January 1, 2017; amended November 19, 2019, effective July 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2017

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.25 | [REPEALED]

[Repealed by order dated May 19, 2016, effective January 1, 2017.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.26 | Number of Copies to be Filed in Court of Appeals

The number of copies of petitions, pleadings, briefs, suggestions, or other papers to be filed in any district of the Court of Appeals shall be as specified in the rules of that district.


(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective January 1, 1980.)

First Adopted: June 23, 1987

Most Recently Effective: January 01, 1988

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.27 | [REPEALED]

[Repealed by order dated June 23, 1987, effective January 1, 1988.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts

84.28 | Execution or Remand by Appellate Court – Costs

The court, upon the determination of any cause on appeal, may award execution to carry the same into effect, or may remand the cause with its decision therein, including any judgment or order as to costs made by the appellate court, to the court from which the cause was appealed, and such determination shall be carried into execution by that court.


(Adopted June 13, 1979, effective January 1, 1980.)