Rule 81.13.Agreed Statement as the Record on Appeal.
Part I · Rule 81: Appeals · Last amended January 1, 1984 · Last verified July 22, 2026
Full Text of Rule 81.13
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Nov. 9, 1982, eff. Jan. 1, 1984.
Plain-English Summary
Not every appeal needs the full record. When the questions raised on appeal can be decided without examining every pleading, every bit of evidence, and every proceeding below, Rule 81.13 lets the parties prepare and sign a statement of the case instead. That statement explains how the questions arose and were decided at trial, and it includes only as many of the facts averred or proved as are essential to deciding those questions. It must include a copy of the judgment or order appealed from, a copy of the notice of appeal with its filing date, and a concise statement of the points the appellant plans to rely on.
The statement is not final just because the parties signed it. If it conforms to the truth, the trial court approves it, adding anything the court considers necessary to fully present the questions the appeal raises, and then certifies it to the appellate court as the record on appeal.
Frequently Asked Questions
Can the parties agree to skip preparing a full record on appeal?
Yes, when the issues on appeal can be decided without examining the whole trial record, the parties may sign an agreed statement of the case under Rule 81.13.
What has to be in an agreed statement of the case?
How the questions arose and were decided below, the essential facts, a copy of the judgment or order, a copy of the notice of appeal with its filing date, and the appellant's points relied on.
Who approves the agreed statement?
The trial court, before it is certified to the appellate court as the record on appeal.
Does the trial court have to accept the statement as written?
No. It approves the statement only if it conforms to the truth, and it can add whatever is necessary to fully present the appeal's questions.
When does an agreed statement make sense?
When the parties agree on the facts and the appeal turns on a narrow legal question that does not require the whole record below.