(a) If original exhibits are necessary to the determination of any point relied on, they shall be deposited in the appellate court by the appellant. If a party other than appellant has custody of exhibits, appellant may request that party to either deposit the exhibits with the appellate court or deliver them to appellant for deposit with the court. The party having custody shall either promptly deliver them to appellant or deposit them with the court. Respondent may deposit such additional exhibits as respondent considers necessary.
Rule 81.16.Exhibits.
Part I · Rule 81: Appeals · Last amended January 1, 2017 · Last verified July 22, 2026
In one sentenceRule 81.16 requires the appellant to deposit original trial exhibits with the appellate court when they matter to the appeal, allows photographs or drawings when depositing the original isn't practical, and lets the clerk dispose of exhibits left uncollected after the case ends.
Full Text of Rule 81.16
(b) A party depositing exhibits with the appellate court shall file a listing and description of the exhibits deposited.
(c) If it is impracticable to deposit any exhibit, it may be represented by photograph, mechanical drawing, or other means that fairly depict the exhibit.
(d) Original exhibits shall be deposited with the appellate court on or before the day the reply brief is due or when the court so directs, whichever is earlier. Any exhibits not timely deposited may be considered by the court as immaterial to the issues on appeal.
(e) Unless deposited exhibits are removed from the custody of the clerk within 30 days after the case is finally decided, upon prior notice to the parties, they may be destroyed or disposed of by the clerk. Exhibits shall not be destroyed or disposed of in post-conviction proceedings.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979. Renumbered from Rule 81.15 and amended June 1, 1993, eff. Jan. 1, 1994. Amended December 20, 2005, eff. July 1, 2006; Amended May 19, 2016, eff. Jan. 1, 2017.
Plain-English Summary
Trial exhibits that matter to the appeal have to reach the appellate court itself, not just be described in the record. Rule 81.16 puts that job on the appellant, who deposits any original exhibits necessary to deciding a point relied on. If someone other than the appellant has custody of an exhibit, the appellant can ask that party to deposit it directly or hand it over for deposit. The respondent can add whatever additional exhibits it considers necessary, and anyone depositing exhibits has to file a listing and description of what was deposited.
Exhibits are due on or before the day the reply brief is due, or whenever the court directs, whichever comes first. Exhibits not timely deposited risk being treated by the court as immaterial to the appeal.
When depositing the original exhibit is not practical, a photograph, mechanical drawing, or other fair representation can stand in for it. After the case is finally decided, exhibits not removed from the clerk's custody within 30 days, following notice to the parties, can be destroyed or disposed of — except that exhibits in post-conviction proceedings cannot be destroyed or disposed of.
Frequently Asked Questions
Do I have to send the actual trial exhibits to the appellate court?
Yes, if they are necessary to a point relied on. Rule 81.16 requires the appellant to deposit them with the appellate court.
What if an exhibit can't practically be deposited with the court?
A photograph, mechanical drawing, or other fair representation of the exhibit can be used instead.
When are exhibits due?
On or before the day the reply brief is due, or when the court directs, whichever is earlier.
What happens to my exhibits after the appeal is over?
If they are not removed from the clerk's custody within 30 days after the case is finally decided, following notice, they may be destroyed or disposed of.
Are exhibits ever protected from destruction?
Yes. Exhibits in post-conviction proceedings may not be destroyed or disposed of.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: exhibits on appeal missouridepositing trial exhibitsexhibit destruction after appealoriginal exhibits appellate court