§ 84.05 Briefs--When and By Whom Served and Filed

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

(a) Filing and Service--Time of. 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 ten copies of the appellant's brief. Within 30 days after the filing of appellant's brief, respondent shall file ten copies of respondent's brief. Within 15 days after the filing of respondent's brief, the appellant may file ten copies of a reply brief.

The party filing a brief shall serve each other party with two copies of the brief unless Rule 84.06(g) or Rule 84.06(h) applies. The appellate court may, by order in specific cases, either shorten or lengthen the periods prescribed above for filing briefs.

Service of a brief shall be made by mail or in person, except that a brief may be served by facsimile transmission or electronic mail if the served party consents in writing to service by such method. Proof of service shall be made at the time of filing in the manner provided in Rule 43.01.

(b) Filing and Service--Time of--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 ten copies of appellant's brief. Within 30 days after the filing of the appellant's brief, respondent/cross-appellant shall file ten copies of respondent/cross-appellant's brief. Within 30 days after the filing of respondent/cross-appellant's brief, appellant may file ten copies of 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 ten copies of cross-appellant's reply brief.

Proof of service shall be made at the time of filing in the manner provided in Rule 43.01.

(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 serves on the respondent 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, and serve them within the time otherwise required for the appellant to serve briefs. The appellant shall prepare the answer brief and serve it in the time otherwise required for the respondent to serve 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, and serve them within the time otherwise required for the appellant to serve briefs.

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 84.08(b).

(f) Briefs and Suggestions of Amicus Curiae in This Court. (1) Suggestions may be filed in this Court by amicus curiae in support 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 adequately be, presented 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 81.18 and Rule 84.06, respectively, and shall be accompanied by proof of service.

(g) Briefs on Disk in This Court. [Repealed May 16, 2001, eff. July 1, 2001].

(h) Briefs by Electronic Mail in this Court. [Repealed May 23, 2001, eff. Jan. 1, 2002].