(a) The time for oral argument in this Court and in each district of the court of appeals shall be as ordered by the court in which the appeal is pending. Time may be extended by the presiding judge to the extent of time taken by questions from the bench and answers thereto. The appellant may divide the allotted time between the original and reply argument, but no more than one-fourth of the time shall be consumed by reply argument. Cross-appeals shall be treated as one case, and in such case the plaintiff in the trial court shall be entitled to the time allotted to the appellant and the defendant in the trial court to the time allotted to the respondent, unless the parties otherwise agree or the court otherwise orders.
Rule 84.12.Oral Argument.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2022 · Last verified July 22, 2026
In one sentenceRule 84.12 leaves the time for oral argument to the court hearing the appeal, lets the appellant split its time between opening and reply argument with reply capped at one-fourth of the total, and denies argument to a party that skipped filing a brief.
Full Text of Rule 84.12
(b) Any party, intervenor, or amicus who does not file a brief on appeal or whose brief has been stricken will not be permitted to present oral argument unless permitted by the court for good cause shown.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; May 14, 1991, eff. Jan. 1, 1992; Sept. 28, 1993, eff. Jan. 1, 1994; Amended June 21, 2013, eff. Jan. 1, 2014; amended June 29, 2021, eff. Jan. 1, 2022.
Plain-English Summary
How much time each side gets for oral argument, under Rule 84.12, is set by the court in which the appeal is pending — this Court or a district of the Court of Appeals — and the presiding judge may extend it to account for time spent on questions from the bench and the answers to them. The appellant can divide its allotted time between an original argument and a reply, but the reply portion can’t exceed one-fourth of the total time. A cross appeal is treated as a single case for argument purposes: the plaintiff in the trial court gets the time allotted to an appellant, and the trial-court defendant gets the time allotted to a respondent, unless the parties agree otherwise or the court orders otherwise.
The rule also ties the right to argue to having briefed the case: a party, intervenor, or amicus curiae that didn’t file a brief on appeal, or whose brief was stricken, isn’t permitted to present oral argument unless the court allows it for good cause shown.
Frequently Asked Questions
Who decides how much time each side gets for oral argument?
The court in which the appeal is pending sets the time allotted.
Can I split my time between an opening argument and a reply?
Yes, but the reply portion can’t take up more than one-fourth of the total time allotted.
How is argument time handled in a cross appeal?
The case is treated as one, with the trial-court plaintiff getting the appellant’s time and the trial-court defendant getting the respondent’s time, unless the parties agree or the court orders otherwise.
Can I argue if I didn’t file a brief?
No, not unless the court permits it for good cause shown.
Can argument time be extended for questions from the judges?
Yes, the presiding judge may extend the time to the extent it was consumed by questions from the bench and the answers to them.
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: Missouri appellate oral argument timereply argument time limitoral argument without filing a briefcross appeal oral argument time