Rule 84.16.Opinion in Writing--Memorandum Decisions and Written Orders--When Filed--How Endorsed and Transmitted.

Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2001 · Last verified July 22, 2026

In one sentenceRule 84.16 requires every appellate decision to be reduced to writing, allows a memorandum decision or written order in place of a full opinion when the judges unanimously affirm on narrow, specified grounds with no precedential value, and entitles counsel to a free copy of whatever the court files.

Full Text of Rule 84.16

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

(a) Written Decision Required. In each case determined by this Court or by any district of the Court of Appeals, the judicial decision shall be reduced to writing and filed in the cause. If the decision is not unanimous, the writing shall show which judges concurred therein or dissented therefrom.

(b) Memorandum Decisions and Written Orders. In a case where all judges agree to affirm and further believe that an opinion would have no precedential value, disposition may be by a memorandum decision or written order. A memorandum decision or written order may be entered only when the appellate court unanimously determines that any one or more of the following circumstances exists and is dispositive of a matter submitted for decision:

(1) That a judgment of the trial court reviewable under Rule 84.13(d) is supported by substantial evidence and is not against the weight of the evidence (Note: see Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976));

(2) That a judgment of the trial court in a proceeding under Rule 24.035 or Rule 29.15 is based on findings of fact that are not clearly erroneous;

(3) That the evidence in support of a jury verdict is not insufficient;

(4) That the order of an administrative agency is supported by competent and substantial evidence on the whole record;

(5) That no error of law appears.

(1) The court from which the appeal comes;

(2) The nature of the proceedings below, e.g., trial by court, jury trial, administrative review, etc.;

(3) The nature of the case, e.g., personal injury or contract suit;

(4) Such other matters as in the opinion of the court are necessary for an understanding of the case; and

(5) A statement that the affirmance is in compliance with this Rule 84.16(b). If a memorandum decision is issued, it shall state at least the following: A written order may state only the action of the court. A written statement may be attached to the memorandum decision or written order setting out the basis for the court’s decision. The statement shall be unanimous, shall not constitute a formal opinion of the court, shall not be reported, and shall not be cited or otherwise used in any case before any court.

(c) Endorsement and Transmittal to Court. The clerk of an appellate court, when the opinion of the court is filed, shall endorse thereon the day on which it is filed and enter the same on the minutes.

(d) Opinion Furnished Free of Charge. The clerk of each appellate court shall furnish promptly free of charge a copy of the decision, written order or opinion of the court to counsel for each party on appeal.

End

Amendment History

Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; June 24, 1982, eff. Jan. 1, 1983; Feb. 20, 1987, eff. Jan. 1, 1988; June 1, 1993 and Sept. 28, 1993, eff. Jan. 1, 1994; June 25, 1999, eff. Jan. 1, 2000; May 26, 2000, eff. Jan. 1, 2001.

Plain-English Summary

Every case an appellate court decides must result in a written decision filed in the cause, and if the judges don’t agree unanimously, the writing must show who concurred and who dissented. Rule 84.16 carves out a shortcut for one narrow situation: when every judge agrees to affirm and further agrees that an opinion would have no precedential value, the court can dispose of the case with a memorandum decision or a written order instead. That shortcut is available only when the appellate court unanimously finds that one or more specific, listed circumstances is dispositive — among them, that a bench-tried judgment reviewable under Rule 84.13(d) is supported by substantial evidence and isn’t against the weight of the evidence, that a jury verdict has sufficient evidentiary support, that an agency order is supported by competent and substantial evidence on the whole record, or that no error of law appears.

A written order under this shortcut states only the court’s action. A memorandum decision may have a written statement attached explaining the court’s basis, but that statement must be unanimous, doesn’t count as a formal opinion of the court, isn’t reported, and can’t be cited or otherwise used in any case before any court.

Procedurally, the clerk endorses the filing date on the court’s opinion and enters it on the minutes, and every appellate court clerk must promptly furnish a free copy of the decision, written order, or opinion to counsel for each party on appeal.

Frequently Asked Questions

Does every appellate decision have to be a full written opinion?

It must be reduced to writing, but the court can substitute a memorandum decision or written order when the conditions in the rule are met.

When can the court use a memorandum decision instead of a full opinion?

Only when all judges unanimously agree to affirm, agree the case has no precedential value, and find that one of the rule’s specific listed circumstances is dispositive.

Can I cite the statement attached to a memorandum decision in a later case?

No, that statement isn’t a formal opinion of the court, isn’t reported, and can’t be cited or used in any case before any court.

Do dissents or concurrences have to be identified?

Yes, if the decision isn’t unanimous, the writing must show which judges concurred and which dissented.

Do I have to pay for a copy of the court’s decision?

No, the clerk of each appellate court furnishes counsel for each party a copy free of charge.

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: memorandum decision Missouri appealunpublished appellate orderwritten order affirming without opinionfree copy of appellate decision