(a) After the timely filing of a notice of appeal, if the appellant fails to take the further steps required to secure review of the appeal within the periods of time allowed or as extended, the clerk shall place the case on a dismissal docket. The clerk shall notify all parties that the appeal will be dismissed unless the appellant remedies the default before a specified date. The date shall not be less than 15 days from the date of the notice. If the default is not remedied by that date, an order of dismissal shall be entered.
Rule 84.08.Involuntary Dismissal of Appeal -- Notices.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2017 · Last verified July 22, 2026
In one sentenceRule 84.08 lets the clerk place a stalled appeal on a dismissal docket when the appellant misses a required step, requires at least fifteen days’ notice before dismissal, and dismisses the appeal automatically if the default isn’t cured in time.
Full Text of Rule 84.08
(b) If the party who is aggrieved by an agency decision fails to file the first brief as required under Rule 84.05, that party shall be given notice as otherwise required in this Rule 84.08. If the party fails to remedy the default, any party aggrieved by the circuit court decision may file a motion in the appellate court requesting that the judgment of the circuit court be vacated.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended March 29, 1983, eff. Jan. 1, 1984; June 23, 1987, eff. Jan. 1, 1988; June 21, 2005, eff. January 1, 2006; Amended June 25, 2010, eff. Jan. 1, 2011; Amended May 19, 2016, eff. Jan. 1, 2017.
Plain-English Summary
An appeal that stalls doesn’t just sit indefinitely. Rule 84.08 gives the clerk a mechanism to close it out: if the appellant, after timely filing the notice of appeal, fails to take the further steps required to move the appeal forward within the time allowed or extended, the clerk places the case on a dismissal docket and notifies every party. That notice gives the appellant a deadline — at least fifteen days out — to fix the default. If the appellant doesn’t remedy it by then, the court enters an order of dismissal.
The rule also covers the administrative-agency scenario tied to Rule 84.05: if the party aggrieved by the agency’s decision fails to file the first brief as that rule requires, the same notice procedure applies. If that party still doesn’t cure the default, any party aggrieved by the circuit court’s decision may move in the appellate court to have the circuit court’s judgment vacated.
Frequently Asked Questions
What triggers a dismissal notice under this rule?
The appellant’s failure, after timely filing the notice of appeal, to take the further steps required to move the appeal forward within the time allowed.
How much notice do I get before my appeal is dismissed?
At least fifteen days from the date of the clerk’s notice.
Can I avoid dismissal by fixing the problem?
Yes, the appeal is dismissed only if the default isn’t remedied by the date specified in the notice.
What happens if I don’t cure the default?
The court enters an order dismissing the appeal.
What’s different in an appeal reviewing an administrative agency’s decision?
If the party required to file the first brief under Rule 84.05 defaults and doesn’t cure it, the other side may move to have the circuit court’s judgment vacated instead of obtaining a dismissal.
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: appeal dismissed for failure to prosecute Missouridismissal docket appellate courtcuring default notice of appealinvoluntary dismissal of appeal