
Supreme Court of Missouri
en banc
Effective January 1, 2017
In re:
(1) Repeal of subdivision 19.01, entitled "Misdemeanors or Felonies – Rules – When Applicable," of Rule 19, entitled "Infractions, Misdemeanors or Felonies – General," and in lieu thereof adoption of a new subdivision 19.01, entitled "Misdemeanors or Felonies – Rules – When Applicable."
(2) Repeal of subdivision 30.01(c), entitled "Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections;" subdivision 30.04, entitled "Record on Appeal – Contents – Designation – Compiling, Ordering, Filing and Service – Errors, Omissions and Supplemental Record;" subdivision 30.05, entitled "Exhibits – Record on Appeal;" subdivision 30.06, entitled "Briefs – Contents – Time for Service and Filing;" subdivision 30.07, entitled "Service of Motions, Briefs and Records on Appeal;" subdivision 30.08, entitled "Communications to Court;" subdivision 30.10, entitled "Motions – Suggestions – Oral Argument;" subdivision 30.12, entitled "Number of Copies to be Filed in Court of Appeals;" subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment – Notices;" and subdivision 30.31, entitled "Original Writs in Appellate Courts," of Rule 30, entitled "Appellate Procedure in All Criminal Cases," and in lieu thereof adoption of a new subdivision 30.005, entitled "Filing in and Notice from Appellate Courts;" a new subdivision 30.006, entitled "Service of Filings in Appellate Courts;" a new subdivision 30.01(c), entitled "Trial Court Clerk's Duty to Notify Attorney General and Director of Corrections;" a new subdivision 30.04, entitled "Record on Appeal – Contents – Designation – Compiling, Ordering, and Filing – Errors, Omissions and Supplemental Record;" a new subdivision 30.05, entitled "Exhibits;" a new subdivision 30.06, entitled "Briefs;" a new subdivision 30.07, entitled "Service of Briefs on Attorney General;" a new subdivision 30.08, entitled "Communications to Court;" a new subdivision 30.10, entitled "Motions and Suggestions;" a new subdivision 30.12, entitled "Number of Copies to be Filed in Court of Appeals;" a new subdivision 30.14, entitled "Involuntary Dismissal of Appeal – Affirmance of Judgment – Notices;" and a new subdivision 30.31, entitled "Original Writs in Appellate Courts."
(3) Repeal of subdivision 81.005, entitled "Electronic Filing in Appellate Courts;" subdivision 81.04, entitled "Appeals, When and How Taken – Cross Appeals – Docket Fees;" subdivision 81.08, entitled "Notice of Appeal – Contents – Jurisdictional Statement Required – Trial Court Clerk to Notify, When;" subdivision 81.12, entitled "Contents of the Record on Appeal – Designation of the Record on Appeal – Compiling, Ordering, Filing and Service of Record on Appeal – Errors, Omissions and Supplemental Record on Appeal;" subdivision 81.14, entitled "The Record on Appeal, Multiple Appeals – Form of Record on Appeal;" subdivision 81.15, entitled "Certification of Record on Appeal;" subdivision 81.16, entitled "Exhibits – Records on Appeal – Transcript, Exhibits Need Not Be Incorporated;" and subdivision 81.18, entitled "Form of Typewritten Documents," of Rule 81, entitled "Appeals," and in lieu thereof adoption of a new subdivision 81.005, entitled "Filing in and Notice from Appellate Courts;" a new subdivision 81.006, entitled "Service of Filings in Appellate Courts;" a new subdivision 81.04, entitled "Appeals, When and How Taken – Cross Appeals – Docket Fees;" a new subdivision 81.08, entitled "Appeal to Supreme Court – Jurisdictional Statement Required;" a new subdivision 81.12, entitled "Record on Appeal;" a new subdivision 81.15, entitled "Record on Appeal – Uncertified or Disputed Record;" a new subdivision 81.16, entitled "Exhibits;" a new subdivision 81.18, entitled "Format of Documents," and a new subdivision 81.21, entitled "Parties Ineligible to File Documents through the Electronic Filing System."
(4) Repeal of subdivision 83.05, entitled "Application – Form – Contents," and subdivision 83.06, entitled "Suggestions in Opposition," of Rule 83, entitled "Transfers from Court of Appeals to this Court," and in lieu thereof adoption of a new subdivision 83.05, entitled "Application – Form – Contents," and a new subdivision 83.06, entitled "Suggestions in Opposition."
(5) Repeal of subdivision 84.01, entitled "Motions, Pleadings and Other Papers – Signatures, Notice and Service;" subdivision 84.04, entitled "Briefs – Contents;" subdivision 84.05, entitled "Briefs – When and By Whom Served and Filed;" subdivision 84.06, entitled "Form of Briefs – Disk Required, When;" subdivision 84.08, entitled "Involuntary Dismissal of Appeal – Notices;" subdivision 84.11, entitled "Notice, Service of;" subdivision 84.17, entitled "Post-disposition Motions;" subdivision 84.24, entitled "Procedure as to Original Writs;" and subdivision 84.25, entitled "Number of Copies to be Filed in This Court," of Rule 84, entitled "Procedure in All Appellate Courts," and in lieu thereof adoption of a new subdivision 84.01, entitled "Motions, Pleadings and Other Papers – Signatures;" a new subdivision 84.04, entitled "Briefs – Contents;" a new subdivision 84.05, entitled "Briefs – When and By Whom Filed;" a new subdivision 84.06, entitled "Form of Briefs;" a new subdivision 84.08, entitled "Involuntary Dismissal of Appeal – Notices;" a new subdivision 84.17, entitled "Post-disposition Motions;" and a new subdivision 84.24, entitled "Procedure as to Original Writs."
(6) Repeal of subdivision 103.10, entitled "Issuance of Summons;" subdivision 103.11, entitled "Filing of Copies and Required Format of Certain Documents in this Court and the Court of Appeals;" and subdivision 103.12, entitled "Appendix to Brief on Appeal," of Rule 103, entitled "Electronic Filing," and in lieu thereof adoption of a new subdivision 103.10, entitled "Issuance of Summons."
19.01 Misdemeanors or Felonies - Rules - When Applicable
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Rules 19 to 36, inclusive, govern the procedure in all courts of this state having jurisdiction of criminal proceedings. Rule 41.08, Rule 103, and Court Operating Rule 27 shall apply to all matters subject to electronic filing. To the extent there is a conflict between Rule 103 and Rules 19 to 36, Rule 103 shall apply.
2. It is ordered that effective January 1, 2017, subdivision 30.01(c), subdivision 30.04, subdivision 30.05, subdivision 30.07, subdivision 30.08, subdivision 30.10, subdivision 30.12, subdivision 30.14, and subdivision 30.31, of Rule 30 be and the same are hereby repealed and a new subdivision 30.005, a new subdivision 30.006, a new subdivision 30.01(c), a new subdivision 30.04, a new subdivision 30.05, a new subdivision 30.06, a new subdivision 30.07, a new subdivision 30.08, a new subdivision 30.10, a new subdivision 30.12, a new subdivision 30.14, and a new subdivision 30.31 adopted in lieu thereof to read as follows:
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The filing of documents in this Court and the court of appeals and notices from the court shall be as provided in Rule 81.005.
30.006 Service of Filings In Appellate Courts
Service of all filings in this Court and the court of appeals shall be as provided in Rule 81.006.
30.01 Right To and Manner of Appeal
30.04 Record on Appeal - Contents - Designation - Compiling, Ordering, and Filing - Errors, Omissions and Supplemental Record
(a) Contents of Record on Appeal. The record on appeal shall contain all of the record, proceedings, and evidence necessary to the determination of all questions to be presented by either appellant or respondent to the appellate court for decision. It is divided into two components; the legal file and the transcript.
(b) Legal File. The legal file shall be prepared as provided in Rule 81.12), except that the legal file shall always include, in chronological order: the indictment or information on which defendant was tried, defendant's arraignment or waiver thereof and plea, the fact of defendant's presence at the trial, the verdict, any motion for new trial or other after-trial motion, the court's rulings thereon, the fact that allocution was accorded defendant, the judgment and sentence, and the notice of appeal with its date of filing. The legal file shall be filed as provided in Rule 81.12.
(c) Transcript.
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(1) Duty of Appellant to Order the Transcript. Within 30 days after the notice of appeal is filed, the appellant shall order the transcript from the court reporter or from the clerk if there was no court reporter. The written order shall designate the portions of the proceedings and evidence not previously reduced to written form that are to be included in the transcript. A copy of the written order shall be filed with the appellate court.
(2) Form, Content, and Filing. The form, content, and filing of the transcript shall conform to Rule 81.12. In addition, a copy of the transcript shall be filed with the clerk of the trial court.
(3) Abbreviated or Partial Transcript. The parties may agree in writing upon an abbreviated or partial transcript of the record, proceedings, and evidence, with the evidence either in narrative form or in question and answer form.
30.05 Exhibits
Exhibits shall be deposited as provided in to Rule 81.16.
30.06 Briefs
(a) Form and Contents. The form and contents of the briefs shall contain the material prescribed by Rule 84.04 and Rule 84.06.
(b) Jurisdictional Statement. With respect to the jurisdictional statement required by Rule 84.04, bare recitals such as "This is a case wherein defendant received a life sentence" or other similar general statements or conclusions are insufficient and will not be accepted.
The following are examples of a sufficient statement:
"Appellant was convicted of first degree murder, section 565.020, RSMo, and was sentenced to imprisonment for life without eligibility for probation or parole" or "Appellant was convicted of murder in the second degree, section 365.021, RSMo, and was sentenced to imprisonment for life."
(c) Cross-appeals. In all cross-appeals, the state of Missouri shall be the respondent.
30.07 Service of Briefs on Attorney General
Briefs in felony cases shall be served on the attorney general as provided in Rule 81.006.
30.08 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 as provided in Rule 84.20
30.10 Motions and Suggestions
The provisions of Rule 84.01 shall apply to motions and suggestions filed in the appellate court.
30.12 Number of Copies to be Filed in Court of Appeals
The number of paper copies, if any, 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 local rules of that district.
30.14 Involuntary Dismissal of Appeal - Affirmance of Judgment – 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 pursuant to this Rule 30, the clerk shall place the case on a dismissal docket. When the case is placed on the dismissal docket, notice shall be given as provided by Rule 81.005; in addition, the appellant shall be given personal notice by registered or certified mail. The notice shall state that the appeal will be dismissed unless the appellant remedies the default prior to 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 an appeal is subject to dismissal under the provisions of this Rule 30.14, the prosecuting attorney in misdemeanor cases and the attorney general in felony cases, in lieu of the dismissal procedure, may file a motion in the appellate court requesting that the judgment of the trial court be affirmed.
(c) This Rule 30.14 shall not apply to any case in which the defendant has been sentenced to death.
30.31 Original Writs in Appellate Courts
The procedure in original writs in appellate courts shall be governed by Rules 84.22 to 84.24.
81.005 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.
81.006 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:
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(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.
81.04 Appeals, When and How Taken - Cross Appeals - Docket Fees
(a) Filing the Notice of Appeal. If an appeal is permitted by law from a trial court, a party may appeal from a judgment, decree, or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment, decree, or order appealed from becomes final.
The notice of appeal shall specify the parties taking the appeal, the judgment, decree, or order appealed from, and the court to which the appeal is taken. For this purpose, the appellant shall use Civil Procedure Form 8-A, 8-B, or 8-C, as the case may be.
(b) Style of Case. The party appealing shall be known as the appellant and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal.
(c) Cross Appeals. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within ten days of the date the first notice of appeal was filed.
(d) Docket Fees. The appellate court docket fee, including all surcharges, is $70.
(e) Submitting Notice of Appeal to Clerk. The trial court clerk shall note the date a notice of appeal was received if it is accompanied by:
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(1) The docket fee; or
(2) A statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or
(3) A motion to prosecute the appeal in forma pauperis.
A notice of appeal received with a motion to prosecute the appeal in forma pauperis is deemed filed on the date the notice is received if the motion to prosecute the appeal in forma pauperis is granted. If the motion is not granted and the time for filing the notice of appeal has not expired, a notice of appeal with a docket fee or with a statement demonstrating no docket fee is required may be presented to the clerk and shall be treated as though no motion to prosecute the appeal in forma pauperis was filed.
(g) Trial Court Clerk's Duty to Notify. The clerk shall transmit to the appellate court clerk a copy of the notice of appeal and all attached documents, including any jurisdictional statement required by Rule 81.08. The clerk shall give notice of the transmittal of the notice of appeal to all parties, but the failure to do so does not affect the validity of the appeal.
(h) Class Action Certification Appeal. Petitions to appeal an order granting or denying class action certification shall be filed as provided in Rule 84.035.
81.08 Appeal to Supreme Court - Jurisdictional Statement Required
(a) Jurisdictional Statement. If the appeal is to the Supreme Court, the appellant shall file with the clerk of the trial court, as part of or simultaneously with appellant's notice of appeal, a concise explanation, not to exceed six pages, detailing the judgment, decree, or order appealed from and sufficient other facts about the case to show that jurisdiction of the appeal is in the Supreme Court. Any other party may, within 15 days after the filing of appellant's jurisdictional statement, file in the Supreme Court suggestions in opposition, not to exceed six pages.
(b) If the appeal involves a post-conviction case, the appellant's jurisdictional statement shall also give the nature of the offense and the section of the statute under which defendant was convicted.
(c) The jurisdictional statement required by this Rule 81.08 is for the purpose of facilitating appeals and preventing delays and is not a substitute for the jurisdictional statement required by Rule 84.04 to be set forth in appellant's brief.
(d) Examples of Jurisdictional Statements. Bare recitals such as "This case involves construction of the revenue laws of the State of Missouri" or "This case involves the validity of a statute" or other similar general statements or conclusions are insufficient and will not be accepted.
(e) The following is an example of a sufficient explanation in a case involving construction of the revenue laws: "This action is one involving the question of whether the respondent's machinery and equipment used in its operations in removing rock from the ground were exempt from the state sales tax law as being machinery and equipment falling within the exemption provided by section 144.040.3(4) and, hence, involves the construction of a revenue law of this state."
81.12 Record on Appeal
(a) Contents of Record on Appeal. The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision. It is divided into two components; the legal file and the transcript.
(b) Legal File.
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(1) Duty of Appellant to Compile the Legal File. Appellant shall prepare the legal file, including the index thereto. Unless the parties file a written agreement regarding the legal file as provided in Rule 81.15(a), appellant shall order any documents that are needed for the legal file from the clerk of the trial court within 30 days after the notice of appeal is filed.
(2) Matters Included. The legal file shall contain clearly reproduced exact copies of the pleadings and other portions of the trial record previously reduced to written form. The legal file shall always include: the docket sheet or case record, which contains a complete summary of all events in the case; the pleadings upon which the action was tried, the verdict, the findings of the court or jury, the judgment or order appealed from, motions and orders after judgment, and the notice of appeal, together with their respective dates of filing or entry of record; except that parties may agree in writing upon an abbreviated or partial record on appeal or upon a statement of the case as provided in Rule 81.13.
(3) Matters Omitted. The legal file shall not include or set forth the original or any subsequent writ or the return thereto unless a question is raised as to the regularity of the process or its execution or as to the jurisdiction of the court. If any pleading is amended, the legal file shall include the last amended pleading and shall not set forth any abandoned pleadings or abandoned part of the record not introduced in evidence. No matter touching on the organization of the court, or any continuance, motion, or affidavit, not material to the questions presented for determination, shall be inserted in the legal file. Documentary evidence, where there is no dispute as to its admissibility or legal effect, may be stated according to its legal effect. Formal parts not in dispute shall be omitted. No part of the legal file when once set forth in the legal file should be repeated in any other part of the legal file.
The following items shall not be included in the legal file unless necessary to the determination of issues on appeal: briefs and memoranda, notices of filing, subpoenas, summonses, motions to extend time, affidavits and admissions of service and mailing, notices of setting, depositions and notices, and jury lists.
(4) Form - Index and Page Numbers. The legal file shall be so labeled with a cover page. The documents in the legal file shall begin with a docket sheet or case record numbered as page 1. The oldest document shall follow the docket sheet, with the remaining documents arranged in chronological order, ending with the notice of appeal. The pages of the legal file shall be numbered consecutively and shall contain a complete index at the front thereof designating the specific volumes and pages where the particular records, pleadings, motions, verdicts, judgment, orders, instructions, evidence, exhibits, and documentary evidence may be found. If the legal file exceeds one volume, a complete index shall be included at the beginning of each volume. The cover page and index to the legal file shall conform to the format requirements of Rule 81.18.
(5) Certification of the Legal File. Unless the parties file a written agreement regarding the legal file as provided in Rule 81.15 or the legal file is generated by the electronic filing system, the clerk of the trial court shall certify copies of the documents needed for the legal file. Appellant shall be responsible for preparing the legal file, including the index thereto, from the certified copies of such documents. Except as provided in Rule 81.15, the legal file shall be certified by the clerk of the trial court to consist of true copies of portions of the trial record, proceedings, and evidence previously reduced to writing and filed in the trial court.
(c) Transcript.
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(1) Duty of Appellant to Order Transcript. Within ten days after the notice of appeal is filed, appellant shall order the transcript, in writing, from the reporter or from the clerk of the trial court if the proceedings were recorded by means of an electronic sound recording. Charges due for preparation of the transcript shall be paid as directed in section 512.050, RSMo. The written order shall designate the portions of the proceedings and evidence not previously reduced to written form that are to be included in the transcript. Appellant's certificate stating the date on which the transcript was ordered and the date on which the transcript charges were paid shall be filed in the appellate court within ten days after the payment of the charges.
(2) Matters Included. The transcript shall contain the portions of the proceedings and evidence not previously reduced to written form and necessary to determination of the issues on appeal.
(3) Form - Index and Page Numbers. The pages of the transcript shall be numbered consecutively beginning with the title page and shall contain a complete index at the front thereof designating the specific volumes and pages where the particular records, pleadings, motions, verdicts, judgment, orders, instructions, evidence, exhibits, and documentary evidence may be found. If portions of the trial record, proceedings, and evidence are omitted from the transcript, the indices shall so indicate. If the transcript includes the testimony of witnesses, the index shall refer to the transcript pages where the several examinations (direct, cross, re-direct, etc.) of each witness may be found. Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.
A volume of transcript shall not exceed 200 pages.
(4) Form - Text Searchable PDF and Margins. The transcript shall be either typewritten or prepared using computer software and filed in a text searchable PDF format, except those filed by parties ineligible for electronic filing. It shall comply with the requirements of Rule 81.18 except that:
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(A) There shall be no fewer than nine characters to the typed inch;
(B) It shall have a left margin of not less than one and one-fourth or more than one and three-fourths inches;
(C) It shall have a right margin of not more than three-eighths of an inch;
(D) There shall be no fewer than 25 typed lines per page; and
(E) Each question and answer shall begin no more than five spaces from the left margin, with no more than five spaces from the "Q" and "A" to the text. Carry-over questions and answers shall begin at the left margin.
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A copy of the record on appeal shall not be filed with the trial court except upon court order or as provided in Rule 30.04. The legal file certified as provided in Rule 81.12 and the transcript certified as provided in Rule 81.12 shall be filed by the clerk of the appellate court without need for the parties to approve them. The filing of the legal file and transcript shall not operate as a waiver by the filing party of the right to dispute the correctness thereof as provided in Rule 81.15.
(e) Respondent's Supplemental Record. If a respondent is dissatisfied with appellant's record on appeal, that respondent may file without leave of court within the time allowed for filing respondent's brief such additional parts of the record on appeal as respondent considers necessary.
(f) Errors - Omissions - Supplemental Record on Appeal. If anything material is omitted from the record on appeal, the parties, by stipulation, or the appellate court, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement be corrected. The appellate court may, if it deems necessary, order that a supplemental record on appeal be prepared and filed by either party or by the clerk of the trial court including any additional part of the trial record, proceedings, and evidence, or the clerk may be directed to send up any original documents or exhibits.
(g) Certification of the Supplemental Record. The provisions of this Rule 81.12 relating to certification and correctness of the record on appeal shall apply also to any supplemental record filed pursuant to this Rule 81.12.
(h) Multiple Appeals – The Record on Appeal. If more than one appeal is taken from the same judgment, a single record on appeal may be prepared with each appellant sharing the cost.
81.15 Record on Appeal – Uncertified or Disputed Record
(a) Uncertified Record. If the parties agree in a writing filed with the appellate court that either the legal file or the transcript is, or that both the legal file and the transcript are, true and accurate, certification shall not be required of that part of the record on appeal on which such agreement is reached, and that part of the record on appeal shall be filed by the clerk of the appellate court.
(b) Disputes about the Record. If there is any dispute concerning the completeness of the record on appeal, additional parts of the record on appeal may be filed pursuant to Rule 81.12. The filing of the legal file or the transcript shall not operate as a waiver by the filing party of the right to dispute the correctness thereof. If there is any dispute concerning the correctness of any legal file or transcript, the party disputing the correctness thereof shall designate in writing to the appellate court those portions of the legal file or transcript that are disputed. Such designation shall be filed with the appellate court within 15 days after the legal file or the transcript, whichever is in dispute, is filed. The appellate court, either on application or on its own motion, may enlarge the time within which any such designation shall be filed. The appellate court shall direct the trial court to settle the dispute and to certify the correct contents of such portion to the appellate court, and such certification by the trial court shall become a part of the record on appeal.
81.16 Exhibits
(a) If original exhibits are necessary to the determination of any point relied on, they shall be deposited in the appellate court by the appellant. If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for deposit with the court. The party having custody shall either promptly deliver them to appellant or deposit them with the court. Respondent may deposit such additional exhibits as respondent considers necessary.
(b) A party depositing exhibits with the appellate court shall file a listing and description of the exhibits deposited.
(c) If it is impracticable to deposit any exhibit, it may be represented by photograph, mechanical drawing, or other means that fairly depict the exhibit.
(d) Original exhibits shall be deposited with the appellate court on or before the day the reply brief is due or when the court so directs, whichever is earlier. Any exhibits not timely deposited may be considered by the court as immaterial to the issues on appeal.
(e) Unless deposited exhibits are removed from the custody of the clerk within 30 days after the case is finally decided, upon prior notice to the parties, they may be destroyed or disposed of by the clerk. Exhibits shall not be destroyed or disposed of in post-conviction proceedings.
81.18 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 shall conform to the following provisions:
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(1) Documents shall be legible, formatted for pages of size 8 1/2 X 11 inches, and paginated at the bottom.
(2) Documents shall be double-spaced and shall have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins.
(3) The font size shall be no smaller than 13 point, Times New Roman font.
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(1) Applications and Motions;
(2) Suggestions;
(3) Briefs;
(4) Petitions for a Writ; and
(5) Answers and Returns to a Writ.
81.21 Parties ineligible to file documents through the electronic filing system
(a) Applicable Rules for Ineligible Parties. Those who are ineligible to file documents through the electronic filing system shall comply with all provisions of Rules 81 to 84 except, to the extent the requirements in this Rule 81.21 replace them for formatting and filing the documents.
(b) Format and Filing of Paper Documents - Generally. Documents filed on paper shall conform to the following provisions:
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(1) Documents shall be printed on one side of paper, size 8 1/2 X 11 inches, weighing between 18 and 24 pounds to the ream;
(2) Documents shall be secured by affixing a temporary binding such as a rubber band or a binder clip but not with adhesive tape, staples, spiral binding, or edge sealing products; and
(3) Except as provided by local court rule, only the original document shall be filed in the clerk's office.
(d) Filing of Paper Transcript. A party who files a paper transcript shall also file the electronic medium provided by the court reporter. The reporter or transcriber shall certify that the electronic copy has been scanned for viruses and that it is virus-free. The appellate court, on motion, may make such order respecting delivery of paper copies of the transcript as may be just and equitable.
(e) Typewritten Documents. Any person unable to produce documents as provided by Rule 81.18 may file typewritten documents.
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(1) A typewritten document shall:
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(A) Use fixed space type not less than a ten pitch and ten characters to the inch; and
(B) Be double-spaced, except that the cover, certificate of service, and signature block may be single-spaced.
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(A) Appellant's brief and all briefs in a cross appeal except the reply brief, 100 pages;
(B) Respondent’s brief, 90 pages; and
(C) Reply brief, 25 pages.
4. It is ordered that effective January 1, 2017, subdivision 83.05 and subdivision 83.06 of Rule 83 be and the same are hereby repealed and a new subdivision 83.05 and a new subdivision 83.06 adopted in lieu thereof to read as follows:
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83.05 Application - Form - Contents
(a) The application for transfer mentioned in Rules 83.01, 83.02, and 83.04 may not exceed 12 pages.
(b) The applicant shall concisely set out on the first page of the application the questions of general interest and importance, the existing law that requires reexamination, and the opinions of the appellate courts of this state that are contrary to the opinion of the court of appeals sought to be reviewed. The application may allege more than one ground, concurrently or in the alternative.
(c) The applicant shall express the ground or grounds for transfer in the terms and circumstances of the case but without unnecessary detail. The matters shall be set out in short and concise terms that are not argumentative or repetitious. No other information shall appear on the page setting out the reasons for seeking transfer.
The failure to set out necessary matters with accuracy, brevity, and clearness shall be a sufficient reason for denying the application.
(d) The remainder of the application shall contain a statement of the facts pertinent to the application and a discussion of the legal basis upon which the applicant seeks transfer.
(e) Exhibits consisting of written documents that are included in or attached to the application shall be counted as part of the application for purposes of the page limitation contained in this Rule 83.05. No other exhibits shall be included in or attached to the application or shall otherwise be filed.
(f) The application for transfer filed in this Court shall be accompanied by a cover page substantially in conformity with Civil Procedure Form No. 15 and by the following:
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(1) The opinion or order of disposition of the court of appeals;
(2) The motion for rehearing, if any, and application for transfer filed in the court of appeals;
(3) The docket fee in the amount specified by Rule 81.04;
(4) Proof of notice to the clerk of the court of appeals; and
(5) A copy of the notice from the court of appeals overruling the motion for rehearing, if any, and denying application for transfer to this Court filed in the court of appeals.
(h) All parties shall be served pursuant to Rule 81.015 with a copy of any application for transfer on or before the date of filing.
83.06 Suggestion in Opposition
If a court requests a response to an application for transfer, any other party may file suggestions in opposition to the application, not to exceed six pages, within ten days after such request.
Exhibits consisting of written documents that are included in or attached to the suggestions shall be counted as part of the suggestions for purposes of the page limitation. No other exhibits shall be included in or attached to the suggestions or shall otherwise be filed.
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.
84.04 Briefs – Contents
(a) Contents. The brief for appellant shall contain:
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(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.
(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 statements 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.
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(1) Where the appellate court reviews the decision of a trial court, each point shall:
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(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]."
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(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]."
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(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.
(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."
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(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:
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(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 matter 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.
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.
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(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 81.18 and Rule 84.06, respectively.
84.06 Form of Briefs
(a) Size - Type - Form. A brief should be prepared using computer software and filed in a text searchable PDF format, except those filed by parties ineligible for electronic filing. The brief shall:
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(1) Be formatted for pages of size 8 1/2 X 11 inches;
(2) Have a left, right, top and bottom margin of not less than one inch. Page numbers may appear in the bottom margin, but no other text may appear in the margins;
(3) Have all pages, including the cover page, consecutively paginated using Arabic numbers;
(4) The font size throughout the brief, including footnotes, shall not be smaller than 13 point, Times New Roman; and
(5) Be double-spaced, except that the cover, any required certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced.
All material contained in the brief except the cover, any required certificate of service, 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 by the lawyer or self-represented person that:
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(1) Includes the information required by Rule 55.03;
(2) States that the brief complies with the limitations contained in Rule 84.06(b); and
(3) 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.
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.
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:
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(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.
(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.
84.24 Procedure as to Original Writs
(a) Proceedings on petitions for original remedial writs shall be as prescribed in these Rules 84.22 to 84.26 and in Rules 91 to 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:
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(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:
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(A) Each attorney served and the name of the party such attorney represents, and
(B) Each self-represented party served.
(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.
(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, 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.
6. It is ordered that effective January 1, 2017, subdivision 103.10, subdivision 103.11, and subdivision 103.12 of Rule 103 be and the same are hereby repealed and a new subdivision 103.10 adopted in lieu thereof to read as follows:
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103.10 Issuance of Summons
If the electronic filing system is used to file a document that must be served with a summons, the clerk shall transmit the summons electronically to the registered user. The registered user shall act promptly to obtain service by one of the means prescribed in Rule 54.
7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
8. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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PATRICIA BRECKENRIDGE
Chief Justice