Section 6.7 Statement of Facts

• Library: App Ct Prac 2015 Supp

D. (§6.7) Statement of Facts

“The purpose of the statement of facts is to afford an immediate, accurate, complete, and unbiased understanding of the facts of the case.” Carroll v. AAA Bail Bonds, 6 S.W.3d 215, 217 (Mo. App. S.D. 1999). Thus, the rule regarding the statement of facts requires “a fair and concise statement of the facts relevant to the questions presented for determination without argument.” Rule 84.04(c). The rule continues: “Such statement of facts may be followed by a resume of the testimony of each witness relevant to the points presented.” Id. Every recitation of fact must be supported with references to the record on appeal, whether the legal file or the transcript. Rule 84.04(i).

The appellants’ difficulty in composing an adequate statement of facts within these guidelines has drawn the attention of the appellate courts. A 3-paragraph statement of facts, in a criminal case involving 82 pages of victim and witness testimony, did not comply. State v. West, 952 S.W.2d 713, 714 (Mo. App. S.D. 1997). The appellant went the opposite...