(a) No original remedial writ shall be issued by an appellate court in any case wherein adequate relief can be afforded by an appeal or by application for such writ to a lower court.
Rule 84.22.Granting Original Writs.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1995 · Last verified July 22, 2026
In one sentenceRule 84.22 bars an appellate court from issuing an original remedial writ whenever an appeal or an application to a lower court would give adequate relief, and restricts writs on matters collateral to a pending appeal to the court and district that has, or would have, jurisdiction over that appeal.
Full Text of Rule 84.22
(b) If a judgment has been entered and an appeal of the judgment is pending or the time for filing an appeal has not expired, no original remedial writ shall be issued by an appellate court, or any district thereof, with respect to any matter collateral to the appeal unless the appeal is pending in the court and district, if the appeal has been filed, or the court and district would have jurisdiction of the appeal if one is timely filed. For purposes of this Rule 84.22(b), a motion filed pursuant to Rule 24.035 or Rule 29.15 is a matter collateral to the appeal.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended April 26, 1994, eff. Jan. 1, 1995.
Plain-English Summary
Rule 84.22 keeps writ practice from becoming a shortcut around ordinary appeal. No appellate court may issue an original remedial writ in any case where adequate relief can be had by an appeal or by an application for such a writ to a lower court. That adequacy-of-remedy limit channels most disputes toward the normal appellate track instead of an original writ.
The rule adds a jurisdictional restriction for matters collateral to a pending appeal. If a judgment has been entered and an appeal is pending, or the time to appeal it hasn’t yet expired, no appellate court or district may issue an original writ concerning a matter collateral to that appeal unless the appeal is pending in, or would fall within the jurisdiction of, that same court and district. The rule expressly treats a motion filed under Rule 24.035 or Rule 29.15 as a matter collateral to the appeal for this purpose.
Frequently Asked Questions
When will an appellate court decline to issue an original writ?
Whenever adequate relief is available by appeal or by an application for a writ to a lower court.
Can I seek a writ on a matter collateral to my pending appeal from any court I choose?
No, only the court and district that has, or would have, jurisdiction over the appeal may issue it.
Does this restriction apply even if my time to appeal hasn’t expired yet?
Yes, it applies whenever the appeal is pending or the time to appeal it hasn’t yet run.
Are post-conviction motions treated as collateral matters under this rule?
Yes, motions under Rule 24.035 and Rule 29.15 are expressly treated as collateral to the appeal.
What’s the practical effect of this rule?
It keeps original writs from substituting for, or getting around, the ordinary appellate process.
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: original writ adequate remedy Missouricollateral matter writ during pending appealwhen a court will issue a writ instead of an appealgranting original remedial writs