Rule 85.16.Post-Trial Procedure--Appeal.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.16
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 85.40.
Plain-English Summary
Attachment is a special provisional remedy layered onto a civil action, but Rule 85.16 makes clear it does not create a separate track for what happens after trial. Post-trial procedure — the steps taken once a verdict or judgment has been reached, such as post-trial motions — proceeds the same way whether or not an attachment was involved. The same is true on appeal: a case that included a writ of attachment is reviewed under the same appellate rules as any other civil case.
This rule exists to close a door, not open one. It forecloses any argument that attachment cases need special post-judgment or appellate procedures because property was seized before judgment. Instead, whatever findings on the attachment made their way into the final judgment under Rule 85.15 travel with the rest of the case through the ordinary post-trial and appellate process.
Read alongside Rule 85.17, which addresses how long bonds stay in force through any appeal, Rule 85.16 confirms that an attachment does not fork the case into two separate procedural paths. The underlying claim and any attachment issues rise or fall together, under the same rules that govern every other Missouri civil case.
Frequently Asked Questions
Does a case involving attachment follow different appellate rules than an ordinary civil case?
No. Rule 85.16 states that the procedure on appeal is the same in attachment cases as in other civil actions.
Are post-trial motions handled differently when an attachment was issued?
No, post-trial procedure is the same as in any other civil action under this rule.
Does this rule affect what the final judgment must contain?
No, that requirement comes from Rule 85.15; Rule 85.16 addresses the procedure that follows once judgment has been entered.
Do attachment bonds stay in effect during an appeal?
Rule 85.17 addresses that question directly, providing that bonds continue in force until the civil action is finally determined, including through appeal.
Why does Rule 85.16 matter if it just states the ordinary rule applies?
It removes any doubt that attachment cases require special treatment after trial, confirming that the ordinary civil rules govern regardless of the provisional remedy used earlier in the case.