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Rule 84.05 – Briefs-When and By Whom Filed

May 13, 2021 | Civil Procedure, Missouri

(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(b)

(f) Briefs and Suggestions of Amicus Curiae in This Court.

(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.

Mo. R. Civ. P. 84.05

Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979. Amended April 21, 1988, effective January 1, 1989. Amended June 1, 1993, effective January 1, 1994. Amended September 28, 1993, effective January 1, 1994. Amended April 23, 1996, effective January 1, 1997. Amended October 2, 1996, effective January 1, 1997. Amended November 26, 1997, effective July 1, 1998. Amended May 26, 2000, effective January 1, 2001. Amended December 15, 2000, effective July 1, 2001. Amended May 23, 2001, effective January 1, 2002; Amended Dec. 18, 2007, eff. July 1, 2008. Amended Dec. 22, 2009, effective July 1, 2010. Amended June 25, 2010, effective January 1, 2011; repealed and readopted May 19, 2016, eff. Jan. 1, 2017.