Rule 84.05.Briefs -- When and By Whom Filed.

Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2024 · Last verified July 22, 2026

In one sentenceRule 84.05 sets the standard filing deadlines for appellate briefs — sixty days for the appellant, thirty for the respondent, fifteen for a reply — and shifts the briefing order for a new trial granted without stated grounds or a reviewed agency decision.

Full Text of Rule 84.05

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Time of Filing. Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file the appellant’s brief. Within 30 days after the filing of appellant’s brief, respondent shall file respondent’s brief. Within 15 days after the filing of respondent’s brief, the appellant may file a reply brief. The appellate court may, by order in specific cases, either shorten or lengthen the periods prescribed above for filing briefs.

(b) Time of Filing in Cross Appeals. Within 60 days after the date on which the record on appeal is filed with the clerk of the appellate court, the appellant shall file appellant’s brief. Within 30 days after the filing of the appellant’s brief, respondent/cross-appellant shall file respondent/cross-appellant’s brief. Within 30 days after the filing of respondent/cross-appellant’s brief, appellant may file appellant’s brief in response to the cross appeal and in reply to the respondent’s brief. Within 15 days thereafter, the cross-appellant may file cross-appellant’s reply brief.

The appellate court may, by order in specific cases, either shorten or lengthen the time prescribed above for filing briefs.

(c) Where Trial Court Fails to Specify Grounds for the Granting of a New Trial. When a trial court grants a new trial without specifying of record the ground or grounds on which the new trial is granted, the presumption shall be that the trial court erroneously granted the motion for new trial, and the burden of supporting such action is placed on the respondent. In such event, if the appellant files a statement requesting that respondent prepare the original brief on or before the time when the record on appeal is filed, the respondent shall file the original brief and reply brief, if any, within the time otherwise required for the appellant to file briefs. The appellant shall file the answer brief in the time otherwise required for the respondent to file the respondent’s brief.

(d) Where New Trial Is Granted by Trial Court Without Specifying Discretionary Grounds. If the trial court grants a new trial without specifying discretionary grounds, it shall never be presumed that the new trial was granted on any discretionary grounds.

(e) Where Circuit Court Reverses a Decision of An Administrative Agency. If the circuit court reverses a decision of an administrative agency and the appellate court reviews the decision of the agency rather than of the circuit court, a party aggrieved by the circuit court decision shall file a notice of appeal and the record on appeal and shall file with the record on appeal a notice designating the party that is aggrieved by the agency decision. The party aggrieved by the agency decision shall file the appellant’s brief and reply brief, if any, within the time otherwise required for the appellant to file briefs.

(1) Suggestions may be filed in this Court by amicus curiae in support of or in opposition to the granting of applications for transfer. Such suggestions are not favored. The suggestions shall only be filed with the consent of all parties or upon order of this Court. The suggestions shall not exceed five pages and shall be filed only if submitted a reasonable time prior to consideration by this Court of the application. Consideration of the application by this Court shall not be delayed pending receipt of the suggestions.

(2) A brief may be filed by amicus curiae in cases before this Court on the merits. The brief shall only be filed with the consent of all parties or upon order of this Court. The brief shall only be filed if presented for filing within the time allowed for the filing of the brief of the party supported.

(3) If consent to the filing of suggestions or a brief by amicus curiae is refused by a party to the case, a motion for leave to file may be filed with this Court. The motion for leave to file shall identify the parties refusing consent, concisely state the nature of the applicant’s interest, and set forth facts or questions of law that have not been, or reasons for believing that they will not be presented adequately by the parties, and their relevancy to the disposition of the case. The motion shall not exceed five pages. The brief shall be conditionally filed with the motion for leave. A party may file an objection to the filing of a brief of an amicus curiae concisely stating the reasons for withholding consent.

(4) Consent to the filing of suggestions or a brief of an amicus curiae need not be had when the suggestions or brief are presented by the attorney general or by a state entity authorized by law to appear on its own behalf.

(5) All suggestions and briefs filed by amicus curiae shall conform with Rule 84.03 and Rule 84.06, respectively.

If a party who is aggrieved by an agency decision fails to file the first brief, that party shall be given notice of dismissal as required in Rule 84.05. (e) Where Circuit Court Reverses a Decision of An Administrative Agency.

End

Amendment History

Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; Amended April 21, 1988, eff. Jan. 1, 1989; Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended April 23, 1996, eff. Jan. 1, 1997; Amended Oct. 2, 1996, eff. Jan. 1, 1997; Amended Nov. 26, 1997, eff. July 1, 1998; Amended May 26, 2000, eff. Jan. 1, 2001; Amended Dec. 15, 2000, eff. July 1, 2001. Amended May 23, 2001, eff. Jan. 1, 2002. Amended Dec. 18, 2007, eff. July 1, 2008. Amended Dec. 22, 2009, eff. July 1, 2010; Amended June 25, 2010, eff. Jan. 1, 2010; Amended May 19, 2016, eff. Jan. 1, 2017; Amended March 7, 2022, eff. Jan. 1, 2024.

Plain-English Summary

Once the record on appeal is filed, Rule 84.05 sets the clock running: the appellant has 60 days to file the opening brief, the respondent has 30 days after that, and the appellant may file a reply within 15 days after the respondent’s brief. A cross appeal adds a step — after the respondent/cross-appellant’s brief, the appellant gets 30 days to respond to the cross appeal and reply on the main appeal, and the cross-appellant then has 15 days for a final reply. The appellate court can shorten or lengthen any of these periods by order in a specific case.

The rule flips the usual order in two situations. First, when a trial court grants a new trial without stating on the record which ground it relied on, the rule presumes the trial court erred, and puts the burden of defending that ruling on the respondent. If the appellant requests it in a timely statement before the record on appeal is filed, the respondent must file the opening and any reply brief within the time the appellant would normally have, and the appellant then answers within the respondent’s normal time. A trial court that grants a new trial without specifying discretionary grounds is never presumed to have acted on a discretionary basis. Second, when a circuit court reverses an administrative agency’s decision and the appellate court reviews the agency’s decision instead of the circuit court’s, the party aggrieved by the circuit court’s decision must file the notice of appeal and the record on appeal, along with a notice designating which party is aggrieved by the agency’s decision. That designated party — the one aggrieved by the agency’s decision — then files the opening brief and any reply within the appellant’s normal time.

Tucked into this rule are also the terms for amicus curiae participation before this Court — suggestions on an application for transfer or a merits brief may be filed only with the consent of all parties or by court order, subject to page limits and timing tied to the filings they support, with an exception for the attorney general or an authorized state entity. If a party required to file the first brief under this rule fails to do so, that party is subject to the notice-of-dismissal procedure in Rule 84.08.

Frequently Asked Questions

How long does an appellant have to file the opening brief?

Sixty days after the record on appeal is filed with the clerk of the appellate court.

What are the deadlines for a respondent’s brief and a reply brief?

Thirty days for the respondent’s brief after the appellant’s brief is filed, and 15 days for any reply after that, unless the court orders different periods.

What happens if the trial court grants a new trial without saying why?

The rule presumes the trial court erred and puts the burden on the respondent, who may have to file the opening brief first if the appellant makes a timely request before the record is filed.

Who has to file the first brief when a circuit court reversed an agency decision that the appellate court is now reviewing?

The party aggrieved by the agency’s decision files the opening brief, but it is the party aggrieved by the circuit court’s decision who files the notice of appeal and the notice designating which party that is.

Can someone who isn’t a party file a brief in support of one side?

An amicus curiae may file suggestions or a brief only with the consent of all parties or by order of the court, and subject to page and timing limits.

What happens if a party required to file the first brief under this rule doesn’t?

That party is subject to the notice-of-dismissal procedure described in Rule 84.08.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source

Also known as: appellant brief deadline Missouricross appeal briefing schedulenew trial without specifying grounds appealamicus curiae brief Missouri appeal