23 July 2003
Attorney Alert: Rules for filing briefs amended
Contact: Beth Riggert, Communications Counsel
Supreme Court of Missouri
JEFFERSON CITY, Mo. -- The Supreme Court of Missouri has amended Rule 84.04(h) relating to the appendix to a brief. In conjunction with this rule, the Eastern District has also enacted a new rule, Local Rule 365. These rules were effective January 1, 2003.
Amended Rule 84.04(h) provides that a party’s brief shall contain or be accompanied by an appendix containing the following materials (unless they have already been filed in another appendix): (1) the judgment, order, or decision in question, including the relevant findings of fact and conclusions of law; (2) the complete text of all statutes, ordinances, rules of court, or agency rules (but not case law); and (3) the complete text of any instruction to which a point relied on relates. You may also provide additional material in the appendix if you desire. However, Local Rule 365 provides that copies of exhibits or excerpts from the record may only be included in the appendix if they are properly filed and made part of the record on appeal. Including any item in the appendix will not relieve a party of its duty to file that item as part of the record on appeal.
The Supreme Court Rule also provides that any appendix shall have a separate table of contents. If it contains less than 30 pages, then it may be attached to the back of the party’s brief. If it contains 30 pages or more, then the appendix must be separately bound. The pages of the appendix shall be numbered consecutively beginning with page A1. The Court strongly discourages the filing of an appendix longer than 30 pages.
In addition, on July 1, 2001, this Court enacted new local rules reducing the page limits for briefs. These page limits are less than provided for briefs to be filed in the Supreme Court of Missouri. Please review Rule 84.06 and Local Rule 360 concerning these page limitations. You should also review the amended Supreme Court Rule 84.04(h) and Local Rule 365 for additional information. You may find these rules in the Supreme Court of Missouri Rule book. Changes to the rules also can be found on our website, www.courts.mo.gov.