(a) Preservation of Error in Civil Cases. Apart from questions of jurisdiction of the trial court over the subject matter, allegations of error not briefed or not properly briefed shall not be considered in any civil appeal and allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury tried case.
Rule 84.13.Allegations of Error Considered — Reversible Error — Review in Cases Tried Without a Jury or With an Advisory Jury.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended July 1, 2012 · Last verified July 22, 2026
In one sentenceRule 84.13 sets Missouri’s core standards for civil appellate review — unbriefed or unpreserved error is generally not considered, reversal requires that the error materially affected the merits, plain error review is discretionary, and a bench-tried or advisory-jury case is reviewed on both the law and the evidence.
Full Text of Rule 84.13
(b) Materiality of Error. No appellate court shall reverse any judgment unless it finds that error was committed by the trial court against the appellant materially affecting the merits of the action.
(c) Plain Error may be Considered. Plain errors affecting substantial rights may be considered on appeal, in the discretion of the court, though not raised or preserved, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.
(d) Appellate review in cases tried without a jury or with an advisory jury.
(1) The court shall review the case upon both the law and the evidence as in suits of an equitable nature;
(2) The court shall give due regard to the opportunity of the trial court to have judged the credibility of witnesses;
(3) The court shall consider admissible evidence that was rejected by the trial court and preserved. The court may order that proffered evidence that was rejected by the trial court and not preserved be taken by the deposition or by reference to a master under Rule 68.03 and returned to the appellate court.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 23, 1987, eff. Jan. 1, 1988; Amended April 21, 1988, eff. Jan. 1, 1989; Amended May 27, 1999, eff. Jan. 1, 2000; Amended Dec. 16, 2011, eff. July 1, 2012.
Plain-English Summary
Rule 84.13 is where the appellate court’s ground rules for reviewing error live. Apart from questions of the trial court’s subject-matter jurisdiction, an allegation of error that isn’t briefed or isn’t properly briefed will not be considered on civil appeal. In a jury-tried case, the rule goes further: an allegation of error that wasn’t presented to, or expressly decided by, the trial court won’t be considered on appeal at all. Both limits push the same direction — the appellate court reviews what was raised and decided below, not new arguments raised for the first time on appeal.
Even a properly preserved error doesn’t guarantee reversal. No appellate court may reverse a judgment unless it finds that the trial court committed error against the appellant that materially affected the merits of the action. That materiality requirement is a real limit — it screens out errors that, even if real, didn’t affect the outcome enough to justify undoing the judgment.
For error that wasn’t properly raised or preserved, the rule provides a narrow, discretionary safety valve: plain error affecting substantial rights may be considered on appeal, at the court’s discretion, when the court finds that manifest injustice or a miscarriage of justice resulted. Nothing in the rule turns that discretion into an entitlement — a party asking for plain-error review is asking the court to use an option it may decline.
The rule closes with the standard of review for cases tried without a jury or with only an advisory jury: the appellate court reviews both the law and the evidence, as in a case of an equitable nature, while giving due regard to the trial court’s opportunity to judge the credibility of witnesses. Admissible evidence that the trial court rejected but that was preserved is considered on appeal; evidence rejected but not preserved may, at the court’s order, be taken later by deposition or through a master under Rule 68.03 and returned to the appellate court.
Frequently Asked Questions
What happens if I don’t properly brief an issue on appeal?
Apart from questions of the trial court’s subject-matter jurisdiction, it generally isn’t considered.
Does this rule treat jury-tried cases differently?
Yes — in a jury-tried case, an allegation of error that wasn’t presented to or expressly decided by the trial court won’t be considered on appeal at all.
Will any trial-court error get a judgment reversed?
No, reversal requires a finding that the error materially affected the merits of the action.
What is plain error review?
Discretionary review of an error affecting substantial rights that wasn’t raised or preserved, available when the court finds that manifest injustice or a miscarriage of justice resulted.
Is plain error review guaranteed if I ask for it?
No, the rule leaves it to the court’s discretion.
How does review differ in a case tried without a jury or with only an advisory jury?
The court reviews both the law and the evidence as in an equitable case, while giving due regard to the trial court’s chance to judge witness credibility.
What happens to evidence the trial court excluded?
Preserved, rejected evidence is considered on appeal; unpreserved, rejected evidence may be ordered taken later by deposition or through a master and returned to the appellate court.
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: preserving error for appeal Missouriplain error review civil appealstandard of review bench trial appealmaterially affecting the meritsunpreserved error on appeal