Rule 81 | Appeals

First Adopted: January 01, 2013

Most Recently Effective: July 01, 2024

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.005 | [REPEALED]

[Repealed effective July 1, 2024.]


(Adopted May 30, 2012, effective January 1, 2013. Amended May 19, 2016, effective January 1, 2017. Repealed August 15, 2023, effective July 1, 2024.)

First Adopted: May 19, 2016

Most Recently Effective: July 01, 2024

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.006 | [REPEALED]

[Repealed effective July 1, 2024.]


(Adopted May 19, 2016, effective January 1, 2017. Repealed August 15, 2023, effective July 1, 2024.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1980

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.01 | Right of Appeal

The right of appeal shall be as provided by law.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1980

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.02 | Appeals Jointly or Separately

Parties may join in an appeal or any one or more of them may appeal separately.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1980

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.03 | Designation of Parties on Appeal

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. Whenever the words "appellant" and "respondent" appear in these Rules, they shall be taken to mean and include other parties occupying like positions in a case.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2017

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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 the relevant version of Civil Procedure Form No. 8, 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:

(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.

(f) Date Notice of Appeal is Filed. A notice of appeal received by the trial court clerk with a docket fee or with a statement demonstrating no docket fee is required is deemed filed on the date the clerk receives it.

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.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 23, 1982, effective August 13, 1982; amended June 23, 1987, effective January 1, 1988; amended June 1, 1993, effective January 1, 1994; amended May 26, 2000, effective January 1, 2001; amended December 23, 2003, effective July 1, 2004; amended June 17, 2004, effective January 1, 2005; amended June 21, 2005, effective January 1, 2006; amended December 20, 2005, effective July 1, 2006; amended June 28, 2011, effective January 1, 2012; amended May 19, 2016, corrected October 11, 2016, effective January 1, 2017.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2000

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.05 | Judgments, When Final – Premature Filing of Notice of Appeal – Computation of Time

(a) Finality as Affected by After-Trial Motions. For the purpose of ascertaining the time within which an appeal may be taken:

(1) A judgment becomes final at the expiration of thirty days after its entry if no timely authorized after-trial motion is filed.

(2) If a party timely files an authorized after-trial motion, the judgment becomes final at the earlier of the following:

(A) Ninety days from the date the last timely motion was filed, on which date all motions not ruled shall be deemed overruled; or

(B) If all motions have been ruled, then the date of ruling of the last motion to be ruled or thirty days after entry of judgment, whichever is later.

(3) The filing and disposition of such motions has the same effect on time for appeal in all cases whether or not the motion has any function other than to seek relief in the trial court.

(b) Premature Filing of Appeal. In any case in which a notice of appeal has been filed prematurely, such notice shall be considered as filed immediately after the time the judgment becomes final for the purpose of appeal.

(c) Computation of Time. The ninety-day period shall be computed as in Rule 78.06.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994; amended September 26, 1995, effective July 1, 1996; amended May 27, 1999, effective January 1, 2000.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1988

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.06 | [REPEALED]

[Repealed May 22, 1987, effective January 1, 1988.]


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Repealed May 22, 1987, effective January 1, 1988.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2007

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.07 | When Party May Appeal After Time for Filing of Notice Has Expired

(a) Appeal by Special Order – Motion – Notice. When an appeal is permitted by law from a judgment in the trial court, but the time prescribed for filing an ordinary notice of appeal with the clerk of the trial court as set forth in Rule 81.04 has expired, a party may seek a special order of the appropriate appellate court permitting a late filing of the notice of appeal. The special order may be allowed by the appellate court only upon motion with notice to the adverse parties filed within six months from the date the judgment appealed from became final for purposes of appeal and only upon a showing by affidavit, or otherwise, that the delay was not due to appellant's culpable negligence. A copy of the judgment from which the appeal is sought shall be attached to any such motion. When notified of the issuance of a special order by the appellate court, the clerk of the trial court in which the judgment was entered shall permit the appellant to file a notice of appeal within ten days after such notification, or such other time as specified in the order, and the appellant shall then proceed to prepare the record on appeal as if the appeal had been allowed without a special order.

(b) Power to Issue Stay – Supersedeas in Special Appeals. When an appeal is taken after a special order, the power to issue a stay is lodged exclusively in the appellate court, which may in its discretion decline to issue a stay, issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, or remand to the trial court for a determination as to whether a stay should be issued and as to the amount of the bond. The supersedeas shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial court and appellate court. If a final judgment in the trial court is reversed or modified by the appellate court such reversal or modification shall not affect the rights of any person, not a party to such suit, acquired in good faith after expiration of the time prescribed for taking an appeal without a special order, but before the filing of notice of appeal by special order.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended June 1, 1993, effective January 1, 1994; amended June 27, 2006, effective January 1, 2007.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2017

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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."


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended June 1, 1993, effective January 1, 1994; amended May 27, 1999, effective January 1, 2000; amended May 26, 2000, effective January 1, 2001; amended June 17, 2004, effective January 1, 2005; amended May 19, 2016, effective January 1, 2017.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1994

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.09 | Appeals Shall Stay Execution, in What Cases – Bond

(a) Stay of Execution - Supersedeas Bond. Appeals shall stay the execution in the following cases: 

(1) when the appellant shall be an executor or administrator, personal representative, conservator, guardian, or curator, and the action shall be by or against the appellant as such, or when the appellant shall be a county, city, town, township, school district, or other municipality; 

(2) when the appellant, at or prior to the time of filing notice of appeal, presents to the court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. 

The court may also at or prior to the time of filing notice of appeal, by order of record, fix the amount of the supersedeas bond and allow appellant reasonable time, not exceeding thirty days, from the date of the order to file the same subject to the approval of the court or clerk, and such appeal bond, approved by the court or clerk and filed within the time specified in such order, shall have the effect of staying the execution thereafter. If any execution shall have been taken prior to the filing of the bond as so approved by the court or clerk, the same shall be released. Appellant shall file a copy of a proper appeal bond, including complete current addresses, with the clerk of the appellate court within ten days after filing the appeal bond.

(b) Form of Bond – Amount. The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff, or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. The bond will indicate the addresses of the sureties.

(c) Application to the Appellate Court. Any party who believes that the bond or the security is inadequate or excessive may file an application in the court in which the appeal is pending stating the grounds for the application and the relief sought. If the court finds that the bond or the security is inadequate or excessive, the court shall make an order modifying the conditions of the stay of execution.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1994

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.10 | When and Where Bond May Be Filed

If the notice of appeal has not been filed, a bond may be filed with the permission of the trial court. After the notice of appeal is filed, the application to file a bond may be made only in the appellate court. The appellate court may in its discretion decline to grant the application, issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, or remand to the trial court for a determination in accordance with Rule 81.09. The bond or other security shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial and appellate court.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1994

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.11 | Supersedeas Bond – Enforcement of

By entering into a supersedeas bond, the surety submits to the jurisdiction of the trial court, and the liability may be enforced on motion for judgment thereon, without the necessity of an independent action. A copy of the motion, and such additional notice of the motion as the court requires, shall be served like a summons upon a surety who resides and can be found in the county where the judgment was entered or who maintains an office and agent in said county where and upon whom such service may be made. If the surety is not a resident who can be found in said county or if the surety maintains no office and agent for service there, at the time such motion is filed, by entering into such bond the surety shall be deemed to have irrevocably appointed the clerk of the trial court as agent upon whom any papers affecting the surety's liability on the bond may be served; and the clerk shall forthwith mail copies of any such papers to such surety at the surety's last known address, by registered or certified mail.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: February 01, 1972

Most Recently Effective: July 01, 2024

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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. The appellant shall prepare the legal file. If the electronic filing system permits creation of a system-generated legal file as provided in Rule 81.12(b)(1) and Court Operating Rule 27.04, that method shall be used. If that method cannot be used, the legal file shall be prepared as provided in Rule 81.12(b)(2).

(1) System-Generated Legal File.

(A) Contents of Legal File. The legal file shall consist of the legal file index generated by the system and all of the hyperlinked documents referenced therein.

(B) Document Designation. Appellant shall designate trial court documents for inclusion in the legal file and submit such designations for filing in the manner provided by the system for the generation of the legal file index.

(C) Matters Included. Pleadings and other portions of the trial record previously reduced to written form may be designated for inclusion in the legal file. The legal file shall always include by designation: 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.

(D) Matters Omitted. The legal file shall not include 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 include 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 designated in the legal file index. 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.

(E) Documents Unavailable for Designation. If any document in the trial court record is not available for designation, appellant shall file with the clerk of the trial court, within 10 days after the notice of appeal is filed, a written request that those unavailable documents be entered into the system. Such request shall specifically identify each requested document by reference to the case number, document title, and date of filing. The clerk shall promptly make the requested documents available for designation through the system and shall make a record of such availability with an appropriate docket entry.

(2) Non-system Generated Legal File.

(A) Duty of Appellant to Compile the Legal File. If appellant cannot create a system-generated legal file, appellant shall use the following method to prepare the legal file.

(B) Ordering Documents. 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.

(C) 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.

(D) 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. 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.

(E) Form – Index and Page Numbers. The legal file shall be so labeled with a cover page numbered as page 1. The documents in the legal file shall begin with a docket sheet or case record. 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 84.03.

(F) Certification. Unless the parties file a written agreement regarding the legal file as provided in Rule 81.15, the clerk of the trial court shall certify copies of the documents ordered 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.

(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 84.03 except that:

(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.

(5) Certification of the Transcript. If the trial proceedings are recorded by a court reporter present at the time of such proceedings, the transcript shall be certified by the court reporter as a true and accurate reproduction of the proceedings transcribed. If the trial proceedings are recorded by means of an electronic sound recording, the transcript shall be certified by the transcriber as a true and accurate reproduction of the sound recording.

(d) Record on Appeal When and Where Filed and Served. Within the time prescribed by Rule 81.19, the appellant shall cause the record on appeal to be prepared in accordance with the provisions of this Rule 81 and to be filed with the clerk of the proper appellate court.

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 record on appeal or any part thereof, prepared in accordance with this rule, shall be filed by the clerk of the appellate court without need for the parties to approve it. 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.

Service shall be in accordance with Rule 84.026. The copy of the legal file prepared as provided in Rule 81.12(b)(1), served on a party ineligible to file documents through the electronic filing system, shall include the legal file index and copies of all hyperlinked documents listed therein, bearing the system-generated appeal document number and page number.

(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.

(1) If a system-generated legal file has been filed by appellant, a registered user shall use the method in Rule 81.12(b)(1) to create a respondent's supplemental legal file. A party ineligible to file documents through the electronic filing system shall use the method in Rule 81.12(b)(2) to create a respondent's supplemental legal file.

(2) If a non-system-generated legal file has been filed by appellant, a respondent's supplemental legal file shall be created using the method in Rule 81.12(b)(2).

(f) Errors – Omissions – Supplemental Record on Appeal. If anything material is omitted from the record on appeal:

(1) The parties, by stipulation, shall direct that the omission or misstatement be corrected; or

(2) The appellate court, on a proper suggestion or of its own motion, may:

(A) Direct the parties to correct the omission or misstatement or order the clerk of the trial court to send up any original documents or exhibits; or

(B) Order that either party or the clerk of the trial court prepare and file a supplemental record on appeal, including any additional part of the trial record, proceedings, and evidence.

(g) Preparation of the Supplemental Record. The provisions of this Rule 81.12 relating to designation, generation, 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.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended July 27, 1979, effective January 1, 1980; amended June 10, 1980, effective January 1, 1981; amended November 9, 1982, effective January 1, 1984; amended June 3, 1983, effective January 1, 1984; amended June 1, 1993, effective January 1, 1994; amended December 17, 1996, effective July 1, 1997; amended August 12, 1997; amended May 26, 1998, effective January 1, 1999; amended December 20, 2005, effective July 1, 2006; amended June 27, 2006, effective January 1, 2007; amended May 19, 2016, effective January 1, 2017; amended June 30, 2017, effective January 1, 2018; amended March 7, 2023, effective January 1, 2024; amended August 15, 2023, effective July 1, 2024.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1984

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.13 | Agreed Statement as the Record on Appeal

When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence and proceedings in the court below, the parties may prepare and sign a statement of the case showing how the questions arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the questions by the appellate court. The statement shall include a copy of the judgment or order appealed from, a copy of the notice of appeal with its filing date and a concise statement of the points to be relied on by the appellant. If the statement conforms to the truth, it, together with such additions as the Court may consider necessary fully to present the questions raised by the appeal, shall be approved by the trial court and shall then be certified to the appellate court as the record on appeal.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Amended November 9, 1982, effective January 1, 1984.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2017

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.14 | [REPEALED]

[Repealed May 19, 2016, effective January 1, 2017.]

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980. Repealed May 19, 2016, effective January 1, 2017.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2017

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994; amended February 8, 2010, effective July 1, 2010; amended May 19, 2016, effective January 1, 2017.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2017

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994; amended December 20, 2005, effective July 1, 2006; amended May 19, 2016, effective January 1, 2017.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1994

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.17 | Record on Appeal – Reviewing Legal Effect of Instructions, Evidence Not Necessary, When

When an appellant desires only to have reviewed legal questions with respect to instructions given or refused and a review of the evidence is unnecessary to pass on those legal questions it is not necessary for the appellant to include the evidence in the record on appeal. In such case the appellant shall serve upon the respondent and file in the appellate court, within thirty days after the filing of the last notice of appeal, a designation of the parts of the trial record, proceedings, and evidence which the appellant intends to include in the record on appeal and a statement of the issues the appellant intends to present on appeal. The statement shall show what material fact or facts the evidence tended to prove. If the respondent considers other parts of the trial record, proceedings, and evidence to be necessary, the respondent shall, within ten days after the service of the statement of appellant, serve upon the appellant and file in the appellate court a designation of additional parts which the respondent intends to include in the record on appeal and any additional issues the respondent intends to present on appeal. Failure of the respondent to serve and file such indication shall constitute an admission and agreement that the respondent agrees that the statement is correct and that a transcript of the evidence need not be included in the record on appeal.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2024

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.18 | [REPEALED]

[Repealed by order dated March 7, 2023, effective January 1, 2024.]

First Adopted: February 01, 1972

Most Recently Effective: January 01, 2000

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.19 | Time for Filing of Record on Appeal

The record on appeal shall be filed with the appellate court:

(a) If the record on appeal consists only of a legal file, within thirty days from the date of the filing of the notice of appeal in the trial court;

(b) In all other cases, within ninety days from the date of the filing of the notice of appeal in the trial court.

If more than one appeal is taken from the same judgment to the same appellate court, the time for filing shall date from the filing of the last notice of appeal in the trial court.


(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994; amended May 27, 1999, effective January 1, 2000.)

First Adopted: February 01, 1972

Most Recently Effective: January 01, 1994

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

81.20 | Record on Appeal – Extension or Reduction of Time for Filing

The appellate court, either on application or on its own motion, may enlarge or shorten the time for filing the record on appeal.

(Adopted February 1, 1972, effective September 1, 1972. Amended June 13, 1979, corrected July 27, 1979, effective January 1, 1980; amended June 1, 1993, effective January 1, 1994.)

First Adopted: May 19, 2016

Most Recently Effective: January 01, 2024

Rule 81 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Appeals

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:

(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.

(c) Legal File Volume Page Limit. A paper legal file volume shall not exceed 200 pages.

(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 84.03 may file typewritten documents.

(1) A typewritten document shall:

(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.

(2) If the typewritten document is a brief, it shall not exceed the following page limitations:

(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.


(Adopted May 19, 2016, effective January 1, 2017. Amended March 7, 2023, effective January 1, 2024.)