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Supreme Court Rules

Section/Rule:84.04
Subject: Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts Publication / Adopted Date:June 13, 1979
Topic:Briefs - ContentsRevised / Effective Date:January 1, 2017


84.04. Briefs - Contents

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

(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 matter cited is contained in the appendix, a page reference to the appendix shall be included. (d) Points 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.

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 matter cited is contained in the appendix, a page reference to the appendix shall be included.

(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 initial 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:

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 Jan. 1, 1980. Amended July 27, 1979; Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended May 15, 1998, eff. Jan. 1, 1999;Amended May 27, 1999, eff. Jan. 1, 2000; Amended May 26, 2000, eff. Jan. 1, 2001; Amended Dec. 15, 2000, eff. July 1, 2001; Amended May 16, 2001, eff. July 1, 2001; Amended May 23, 2001, eff. Jan. 1, 2002; Amended Jan. 28, 2002, eff. Jan. 1, 2003; Amended June 21, 2005, eff. Jan. 1, 2006; Amended Dec. 18, 2007, eff. July 1, 2008; Amended June 28, 2011, eff. Jan. 1, 2012; Amended May 30, 2012, eff. Jan. 1, 2013. Amended May 19, 2016, eff. Jan. 1, 2017.)