Section 29.12 Briefs

• Library: Criminal Practice 2012 Supp

VI. (§29.12) Briefs

The rules concerning the drafting and filing of criminal appeal briefs are found in Rules 30.06, 84.04, 84.05, and 84.06. These rules set out the essential requirements of criminal briefs for appellate purposes. Rule 84.04 notes that the appellant’s brief must contain:

· a concise jurisdictional statement;

· a statement of facts;

· the points relied on; and

· an argument that follows the order of the points.

The respondent’s brief should contain essentially the same matters, although the respondent is encouraged to adopt the appellant’s statement of facts or correct any errors in them. See Columbo v. Buford, 935 S.W.2d 690, 692 (Mo. App. W.D. 1996) (discussing Rule 84.04(f)). Rule 84.04(i) notes that transcript and legal file references by page should be included, and Rule 84.06(b) sets forth certain page limitations.

Within 60 days after the record on appeal is filed, the appellant’s brief is due. Ten copies must be filed with the court, and two copies must be served on opposing counsel. In a felony case, opposing counsel is the Attorney General. The respondent’s brief is due within 30 days after the
filing of the appellant’s brief. The court may either shorten or lengthen the periods set forth in Rule 84.05(a).

Rule 84.06 concerns the specific form of the brief to be filed. Rule 84.06(a) requires that the brief be on 8½ by 11 inch paper, be typed on one side, and comport to specific paper weight and page margins. Rule 84.06(b) requires that appellant briefs be no more than 31,000 words or 2,200 lines of text; the respondent’s brief may not exceed 90% of the appellant’s limits, and the reply...