Chapter 4 Briefs
Library | Missouri Appellate Practice (2018 Ed.) |
Chapter 4 Briefs
A. Required or Permitted Briefs
B. Appellant’s Briefs
1. Cover
2. Table of Contents
3. Table of Authorities
4. Jurisdictional Statement
5. Statement of Facts
6. Points Relied On
7. Argument
8. Conclusion
9. Rule 84.06(c) Certificate
C. Respondent’s Briefs
D. Reply Briefs
E. Briefs in Cross-Appeals
F. Formatting
G. Appendices
H. Filing and Paper Copies
A. Required or Permitted Briefs
The rules provide for an appellant’s brief, a respondent’s brief, and a reply brief in most appeals. Rule 84.05(a). In cross-appeals, there should be an appellant’s brief, a respondent/cross-appellant’s brief, an appellant’s brief in response to the cross-appeal and reply to the respondent’s brief, and a cross-appellant’s reply brief. Rule 84.05(b). Supplemental briefs may only be filed with leave of the court. E.D. Spec. R. 370; W.D. Spec. R. XXXVII(A).
Except for specific requirements for the jurisdictional statement and the necessity to serve the attorney general in felony cases, the form, content, service, and filing of briefs in criminal cases are the same as in civil cases. Rule 30.06; Rule 30.07.
Special procedures apply in appeals from the granting of a new trial when the grounds for granting the new trial were not specified or in appeals from a circuit court decision reversing an administrative agency decision when the appellate court reviews the agency decision. In those circumstances, the respondent has the burden on appeal and, upon filing of the required notice or statement by the appellant, the respondent must file the initial and reply briefs. Rule 84.05(c) and (e).
There are also specific rules governing briefs of amicus curiae in the Supreme Court, Rule 84.05(f), and in each district of the court of appeals. E.D. Spec. R. 375; S.D. Spec. R. 15; W.D. Spec. R. XXVI.
B. Appellant’s Briefs
The appellant’s brief is required to have:
· a cover;
· a detailed table of contents;
· a table of authorities;
· a jurisdictional statement;
· a statement of facts;
· a list of the points relied on;
· an argument section;
· a short conclusion; and
· a Rule 84.06(c) certificate.
Rule 84.04(a); Rule 84.06(a)(3) and (c). Briefs normally contain a signature and signature block following the conclusion in addition to the one included in the Rule 84.06(c) certificate.
The appellant’s brief is limited to 31,000 words in the Supreme Court or the Southern District of the Court of Appeals. Rule 84.06(b). The appellant’s brief is limited to 15,500 words in the Eastern and Western Districts. E.D. Spec. R. 360(a); W.D. Spec. R. XLI(A).
1. Cover
The cover page should identify:
· the court in which the appeal is pending;
· the appeal number;
· the style of the case;
· the court from which the appeal is taken; and
· the party filing the brief.
The following is a sample cover page:
Richard L. Rollings, Jr.
Missouri Bar No. 40650
379 West Lake Park
Camdenton, MO 65020
(573) 873-6060
(877) 871-0299 FAX
Rick@RRollings.com
Attorney for Appellant
2. Table of Contents
The table of contents should follow the cover page. Most word-processing programs will create the table of contents, including the necessary page references. The formatting for the table of contents may need to be adjusted to ensure it complies with the formatting requirements discussed below, namely line spacing of at least 1.5 and font size at least as large as 13 point Times New Roman. The table of contents should include references to each section of the brief, including subsections within the statement of facts and argument, to allow the court to easily locate any desired discussion.
3. Table of Authorities
...The table of authorities should include cases, statutes, and other authorities cited and the pages of the brief where cited. Most major word-processing programs will generate the table of authorities. Again, the formatting for the table of authorities may need to be adjusted to ensure it complies with the formatting requirements discussed below, namely
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