Supreme Court Rules - Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts: Opinion in Writing - Memorandum Decisions and Written Orders - When Filed

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	84.16
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:	Opinion in Writing - Memorandum Decisions and Written Orders - When Filed - How Endorsed and Transmitted	Revised / Effective Date:	January 1, 2001

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

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, eff. Jan. 1, 1980. Amended July 27, 1979; amended June 24, 1982, eff. Jan. 1, 1983; Feb. 20, 1987, eff. Jan. 1, 1988; June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; June 25, 1999, eff. Jan. 1, 2000; May 26, 2000, eff. Jan. 1, 2001.)