§ 84.13 Allegations of Error Considered--Reversible Error--Review in Cases Tried Without a Jury or With an Advisory Jury

Codes > Missouri Supreme Court Rules > Rules of > Part II : Rule 84 > 84.13

84.13. Allegations of Error Considered--Reversible Error--Review in Cases Tried Without a Jury or With an Advisory Jury

    (a) Preservation of Error in Civil Cases. Apart from questions of jurisdiction of the trial court over the subject matter and questions as to the sufficiency of pleadings to state a claim upon which relief can be granted or a legal defense to a claim, allegations of error not briefed or not properly briefed shall not be considered in any civil appeal and allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury tried case.

    (b) Materiality of Error. No appellate court shall reverse any judgment unless it finds that error was committed by the trial court against the appellant materially affecting the merits of the action.

    (c) Plain Error may be Considered. Plain errors affecting substantial rights may be considered on appeal, in the discretion of the court, though not raised or preserved, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

    (d) Appellate review in cases tried without a jury or with an advisory jury.

        (1) The court shall review the case upon both the law and the evidence as in suits of an equitable nature;

        (2) The court shall give due regard to the opportunity of the trial court to have judged the credibility of witnesses;

        (3) The court shall consider admissible evidence that was rejected by the trial court and preserved. The court may order that proffered evidence that was rejected by the trial court and not preserved be taken by the deposition or by reference to a master under Rule 68.03 and returned to the appellate court.