Section 10.64 Contents

• Library: App Ct Prac 2015 Supp

A. (§10.64) Contents

The appellant’s brief shall contain:

· A concise statement of the grounds on which jurisdiction of the review court is invoked. A bare recital is not sufficient for the jurisdictional statement. Rule 30.06(b) sets forth as an example of a sufficient statement the following: “Appellant was convicted of first degree murder, section 565.020, RSMo, and was sentenced to imprisonment for life without eligibility for probation or parole.”

· A statement of facts. The statement of facts must be a fair and concise statement of facts relevant to the questions presented for determination without argument. That statement of facts may be followed by a resume of the testimony of each witness relevant to the points presented. Rule 84.04(c); Rule 30.06(c). It shall also specify page reference to the legal file, transcript, or exhibit where the particular fact may be found. Rule 84.04(i).

· Points relied on. The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and why they are claimed to be erroneous, with citation of authorities, which may include up to four cases. Abstract statements of law, without showing how they are related to any action or ruling by the court, are not in compliance with this rule. Rule 84.04(d).

The drafting of the points relied on appears to be one of the most difficult tasks for attorneys. Unless the points relied on are...