The court, upon the determination of any cause on appeal, may award execution to carry the same into effect, or may remand the cause with its decision therein, including any judgment or order as to costs made by the appellate court, to the court from which the cause was appealed, and such determination shall be carried into execution by that court.
Rule 84.28.Execution or Remand by Appellate Court--Costs.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1980 · Last verified July 22, 2026
In one sentenceRule 84.28 lets the appellate court, after deciding an appeal, either award execution to carry its own decision into effect or remand the case, along with any costs ruling, to the trial court, which then carries the decision into execution.
Full Text of Rule 84.28
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 84.28 addresses what happens after an appellate court reaches a decision. On determining the appeal, the court may award execution to carry its decision into effect directly, or it may remand the cause with its decision — including any judgment or order on costs the appellate court made — back to the court from which the case was appealed. Whichever path the court chooses, the trial court is the one that ultimately carries the determination into execution.
Frequently Asked Questions
Does the appellate court enforce its own judgment directly?
It may, by awarding execution to carry its decision into effect.
What happens when a case is remanded under this rule?
The trial court carries the appellate court’s decision, including any costs ruling, into execution.
Can the appellate court’s costs ruling travel with a remand?
Yes, remand can include any judgment or order on costs the appellate court made.
Who carries out the decision after a remand?
The court from which the cause was appealed.
Is remand under this rule the same as ordering a new trial?
No, this rule concerns carrying the appellate decision into execution; ordering a new trial is addressed separately in Rule 84.14.
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: execution of an appellate court judgmentremand to trial court for costscarrying an appellate decision into effectappellate award of costs on remand