Rule 84.18.Cost of the Record on Appeal, When Allowed.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2005 · Last verified July 22, 2026
Full Text of Rule 84.18
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended June 17, 2004, eff. Jan. 1, 2005.
Plain-English Summary
Unless the court directs otherwise for good cause, Rule 84.18 ties the cost of an appeal to its outcome. If the appellant wins, the appellate court taxes the docket fee and the cost of the record on appeal in the appellant’s favor. If the appellant loses, the appellant bears the cost of the record, including any necessary portion of it that the respondent supplied.
The rule carves out one situation where that default flips: when an appeal is limited to legal questions about jury instructions and the evidence isn’t needed to decide it, but the respondent asks that the evidence be included in the record anyway, the cost of supplying that evidence is taxed against the respondent instead. Counsel preparing the record must certify the cost of the legal file and any relevant subportions, noting which parties ordered them, and the court reporter certifies the transcript cost. Transcript costs are allowed for every copy of the transcript these rules require.
Frequently Asked Questions
Who pays for the record on appeal if I win my appeal?
The appellate court taxes the docket fee and the cost of the record in your favor.
What happens if I lose my appeal?
You generally bear the cost of the record on appeal, including necessary parts the respondent supplied.
Can the court change this cost allocation?
Yes, the court can direct otherwise for good cause shown.
What if my appeal only involves jury instructions and the respondent insists on including the evidence anyway?
The cost of supplying that evidence is taxed against the respondent.
Who certifies the cost of the record?
Counsel preparing the record certifies the cost of the legal file, and the court reporter certifies the transcript cost.