§ 81.17 Record on Appeal--Reviewing Legal Effect of Instructions, Evidence Not Necessary, When

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 81 > 81.17

81.17. Record on Appeal--Reviewing Legal Effect of Instructions, Evidence Not Necessary, When

    When an appellant desires only to have reviewed legal questions with respect to instructions given or refused and a review of the evidence is unnecessary to pass on those legal questions it is not necessary for the appellant to include the evidence in the record on appeal. In such case the appellant shall serve upon the respondent and file in the appellate court, within thirty days after the filing of the last notice of appeal, a designation of the parts of the trial record, proceedings, and evidence which the appellant intends to include in the record on appeal and a statement of the issues the appellant intends to present on appeal. The statement shall show what material fact or facts the evidence tended to prove. If the respondent considers other parts of the trial record, proceedings, and evidence to be necessary, the respondent shall, within ten days after the service of the statement of appellant, serve upon the appellant and file in the appellate court a designation of additional parts which the respondent intends to include in the record on appeal and any additional issues the respondent intends to present on appeal. Failure of the respondent to serve and file such indication shall constitute an admission and agreement that the respondent agrees that the statement is correct and that a transcript of the evidence need not be included in the record on appeal.