Supreme Court Rules

First Adopted: June 24, 1982

Most Recently Effective: January 01, 2024

Rule 100 | Rules of Civil Procedure | Rules Relating to Special Actions | Judicial Review of Administrative Decisions

100.02 | Review in Appellate Courts

(a) Designation of Parties. The party filing the petition for review or notice of appeal shall be known as the appellant and the adverse party as the respondent.

(b) Docket Fee. A docket fee in the amount specified in Rule 81.04(d) is required. It shall be deposited with the clerk of the appellate court at the time of filing a petition for review under section 621.189, RSMo, and with the commission at the time of filing a notice of appeal under section 287.495 or 288.210, or 386.510, RSMo. No petition for review shall be accepted and filed by the clerk of the appellate court and no notice of appeal shall be accepted and filed by the commission unless the docket fee is deposited therewith or the appellant is not required by law to pay the docket fee. If a petition for review or notice of appeal is accepted without timely payment, the petition may be dismissed.

(c) Petition for Review and Notice of Appeal – Contents. The petition for review or notice of appeal shall specify the party seeking review, the decision sought to be reviewed, and a concise statement of the grounds on which jurisdiction is invoked. A notice of appeal filed under section 386.510, RSMo, shall also contain any other items listed in the section.

(d) Petition for Review and Notice of Appeal – Service. At the time of filing the petition for review or notice of appeal, the appellant shall serve a copy thereof on each party of record and on the commission from which the matter is appealed.

(e) Record – Contents. The record shall consist of:

(1) A transcript of the testimony;

(2) Exhibits and relevant papers;

(3) Rulings, orders, decisions, findings of fact and conclusions of law issued by the agency.

Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed, and the pages numbered as provided in Rules 81.12 and 84.03.

(f) Record – Certification. The transcript shall be certified by the commission’s reporter as true and accurate. The remaining part of the record shall be prepared and certified by the commission as being true, accurate, and complete. In appeals filed pursuant to section 386.510, RSMo, the commission shall certify its record to the appellate court within 30 days of the filing of the notice of appeal, unless otherwise ordered by the court.

(g) Record – Filing. When a commission transmits the record to the appellate court, it shall do so within 30 days after the filing of the petition for review or notice of appeal. In all other cases, the appellant shall file the record with the appellate court within 30 days after the filing of the petition for review or notice of appeal. The appellate court, either on application or on its own motion, may enlarge or shorten the time for filing the record.

(h) Record – Supplemental Record. The appellate court may, if it deems necessary, on its own initiative or at the request of a party order the commission to prepare and file a supplemental record or the commission may be directed to send to the court any original documents or exhibits.

(i) Record – Service. At the time of filing the record, the filer shall give all parties notice of the filing and an index of the items filed.

(j) Briefs and Motions. The form, contents, filing, and service of briefs and motions shall be as provided in Rule 84.


(Adopted June 24, 1982, effective January 1, 1983. Amended Sept. 10, 1982, effective January 1, 1983; amended June 1, 1993, effective January 1, 1994; amended May 27, 1999, effective January 1, 2000; amended June 21, 2005, effective January 1, 2006; amended June 20, 2013, effective January 1, 2014; amended December 27, 2016, effective July 1, 2017; amended March 7, 2023, effective January 1, 2024.)
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