FEB 3, 2025
Missouri Appellate Practitioners Ask State's Highest Court to Change "Points Relied On" Rule for Appellate Briefs
Missouri's "points relied on" rule is often a pitfall for attorneys finding themselves in the position of drafting an appellate brief in the State, particularly for counsel not often litigating in the appellate courts or for out-of-town practitioners. In fact, Missouri is the only state that mandates attorneys lay out points to be raised on appeal in their arguments in a set, often rigid format. Deviations from the rule's format can result in dismissal of the appeal. A group of two dozen of the State's appellate practitioners, as well as several professional organizations, have asked the Missouri Supreme Court to modify the rule or, alternatively, to appoint a special committee to analyze difficulties encountered in complying with the rule.