An appellant may file a dismissal of the appellant’s appeal in the appellate court at any time prior to the submission of the cause in the appellate court.
Rule 84.09.Appeal--Dismissal in Appellate Court.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 84.09 lets an appellant voluntarily dismiss its own pending appeal in the appellate court at any point before the appellate court submits the cause for decision.
Full Text of Rule 84.09
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Where Rule 84.08 dismisses an appeal for inaction, Rule 84.09 lets an appellant end its own appeal on purpose. An appellant may file a dismissal of the appeal in the appellate court at any time before the cause is submitted there. The rule doesn’t condition that dismissal on the opposing party’s consent — it gives the appellant the ability to file it, full stop.
The only real limit is timing: once the appellate court has submitted the cause for decision, this option is gone, so an appellant who wants to walk away from the appeal needs to act before that point.
Frequently Asked Questions
Can I dismiss my own appeal?
Yes, an appellant may file a dismissal of the appeal at any time before the cause is submitted in the appellate court.
Is there a deadline for a voluntary dismissal?
The only limit is that it must happen before the appellate court submits the cause for decision.
Do I need the other party’s agreement to dismiss my appeal?
No, the rule lets the appellant file the dismissal without requiring the opposing party’s consent.
How is this different from the dismissal in Rule 84.08?
Rule 84.09 is a voluntary dismissal the appellant chooses to file; Rule 84.08 is an involuntary dismissal triggered by the appellant’s failure to move the case forward.
Can I still dismiss my appeal after oral argument has been scheduled?
The rule’s cutoff is submission of the cause, not the scheduling of argument, so the dismissal must be filed before submission.
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: voluntarily dismiss a Missouri appealwithdraw an appeal before submissiondismiss appeal in appellate courtappellant drops own appeal