Section 5.19 Exhibits on Appeal

• Library: App Ct Prac 2015 Supp

I. (§5.19) Exhibits on Appeal

For the appellate court to review claims that involve exhibits, those exhibits must be filed with the appellate court. If the exhibits are not filed, they may be construed in favor of the trial court’s ruling and against the appellant. Brown v. Brown, 14 S.W.3d 704 (Mo. App. S.D. 2000); Jo B. Gardner, Inc. v. Beanland, 611 S.W.2d 317, 320 (Mo. App. W.D. 1980).

The parties may stipulate that any or all of the original exhibits be omitted from the record and that they be filed separately in the appellate court. Rules 30.05, 81.16. If it is impracticable to incorporate the exhibit into the record on appeal, the exhibit may be...