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§ 81.12 Contents of the Record on Appeal--Designation of the Record on Appeal--Compiling, Ordering, Filing and Service of Record on Appeal--Errors, Omissions and Supplemental Record on Appeal

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 81 > 81.12

81.12. Contents of the Record on Appeal--Designation of the Record on Appeal--Compiling, Ordering, Filing and
Service of Record on Appeal--Errors, Omissions and Supplemental Record on Appeal

    (a) Contents of Record on Appeal. The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision. In order to reduce expense and expedite the preparation of the record on appeal, it is divided into two components, i. e. the “legal file” and the “transcript.”

    The legal file shall be so labeled with a cover page and contain clearly reproduced exact copies of the pleadings and other portions of the trial record previously reduced to written form. The documents in the legal file shall be arranged with a docket sheet or case record on top numbered as page 1. The oldest document shall follow the docket sheet, with the remaining documents arranged in chronological order, ending with the notice of appeal at the bottom.

    The transcript shall contain the portions of the proceedings and evidence not previously reduced to written form.

    The legal file shall always include: the docket sheet or case record, which contains a complete summary of all events in the case; the pleadings upon which the action was tried, the verdict, the findings of the court or jury, the judgment or order appealed from, motions and orders after judgment, and the notice of appeal, together with their respective dates of filing or entry of record; except the parties may agree in writing upon an abbreviated or partial record on appeal or upon a statement of the case as provided in Rule 81.13.

    (b) Matters Omitted. The record on appeal shall not include or set forth the original or any subsequent writ or the return thereto unless a question is raised as to the regularity of the process or its execution or as to the jurisdiction of the court. If any pleading be amended the record on appeal shall include the last amended pleading and shall not set forth any abandoned pleadings or  abandoned part of the record not introduced in evidence. No matter touching on the organization of the court, or any continuance, motion, or affidavit, not material to the questions presented for determination, shall be inserted in the record on appeal.

    Documentary evidence, where there is no dispute as to its admissibility or legal effect, may be stated according to its legal effect. Formal parts not in dispute shall be omitted. No part of the record when once set forth in the record on appeal should be repeated in any other part of the record on appeal.

    The following items shall not be included in the record on appeal unless specifically requested and necessary to determination of issues on appeal: voir dire, opening statements, closing arguments, MAI 2.01, evidence regarding damages, briefs and memoranda, notices of filing, subpoenas, summonses, motions to extend time, affidavits and admissions of service and mailing, notices of settings, depositions and notices, and jury lists.

    (c) Duty of Appellant to Order the Transcript and Compile the Record on Appeal. Within ten days after the notice of appeal is filed, appellant shall order the transcript, in writing, from the reporter or from the clerk of the trial court if the proceedings were recorded by means of an electronic sound recording. Charges due for preparation of the transcript shall be paid as directed in § 512.050, RSMo. The written order shall designate the portions of the proceedings and evidence not previously reduced to written form that are to be included in the transcript.  Appellant's certificate stating the date on which the transcript was ordered and the date on which the transcript charges were paid shall be filed in the appellate court within ten days after the payment of the charges. A copy of appellant's certificate shall be served on all other parties.

    Appellant also shall prepare the legal file, including the index thereto, and serve a copy upon all other parties. Unless the parties file a written agreement regarding the legal file as provided in Rule 81.15(c), appellant shall order any documents that are needed for the legal file from the clerk of the trial court within thirty days after the notice of appeal is filed. Unless the parties file a written agreement regarding the legal file as provided in Rule 81.15(c), the clerk of the trial court shall certify copies of the documents needed for the legal file as provided in Rule 81.15(a). Appellant shall be responsible for preparing the legal file, including the index thereto, from the certified copies of such documents.

    If a respondent is dissatisfied with appellant's record on appeal, that respondent may file within the time allowed for filing respondent's brief such additional parts of the record on appeal as respondent considers necessary. Respondent shall contemporaneously serve a copy of such supplemental record on all other parties.

    (d) Record on Appeal--When and Where Filed and Served. Within the time prescribed by Rule 81.19, the appellant shall cause the record on appeal to be prepared in accordance with the provisions of this Rule 81 and to be filed with the clerk of the proper appellate court and shall serve a copy thereof on the respondent or, in the case of multiple respondents, in the manner provided in Rule 81.14(d). If a floppy disk is filed with the transcript, a copy of the disk also shall be served. Proof of such service shall be filed with the appellate court. A copy of both the index of the transcript and the index of the legal file, with the caption of the case noted thereon, shall be filed with the clerk of the trial court. A copy of the complete transcript and legal file shall not be filed with the trial court except upon court order. In the event of the filing of any additional or supplemental record pursuant to Rule 81.12(c) or Rule 81.12(e), such additional or supplemental record shall be served, and copies of the indexes thereto shall be filed with the clerk of the trial court as provided herein.

    (e) Exhibits--Appellant Shall Deposit. Appellant is responsible for depositing all exhibits that are necessary for the determination of any point relied on. If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for deposit with the court. The party having custody shall either promptly deliver them to appellant or deposit them with the court. Respondent may deposit such additional exhibits as respondent considers necessary.

    All exhibits shall be deposited pursuant to Rule 81.16.

    A party depositing exhibits with the appellate court shall serve on all other parties on the day of deposit a listing and description of the exhibits deposited.

    (f) Errors--Omissions--Supplemental Record on Appeal. If anything material is omitted from the record on appeal, the parties, by stipulation, or the appellate court, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement be corrected. The appellate court may, if it deems necessary, order that a supplemental record on appeal be prepared and filed by either party or by the clerk of the trial court including any additional part of the trial record, proceedings, and evidence, or the clerk may be directed to send up any original documents or exhibits.