Filing Guidelines

Filing Guidelines


THE MISSOURI COURT OF APPEALS

WESTERN DISTRICT

1300 Oak Street                                                         Phone (816)-889-3600

Kansas City, MO 64106                                              Fax     (816)-889-3668

                                                                                  E-mail wdcoa@courts.mo.gov



(When making telephone inquiries about a case, please refer to the WD #)


CERTIFICATE OF SERVICE

 

All motions, records, supplemental records, briefs and pleadings must show a certificate of service on adverse parties, and in fact be served, faxed, or mailed prior to presentation to this court for filing.  See Rule 84.01(b), 84.11, 84.07, 30.07, 84.05(a), 84.06(g) and Western District Special Rule XII(c). 

 

THE LEGAL FILE AND THE TRANSCRIPT (IF ANY) SHOULD BE FILED TOGETHER.

 

LEGAL FILE:

 

Please follow these guidelines when preparing a Legal File:

 

(1)  The Legal file shall be securely bound at the top or side and labeled with a Cover Page with the case style, WD number and the name and address of the filer.  It shall contain clearly reproduced exact copies of pleadings and other portions of the trial record previously reduced to written form.  Rule 81.12(a) and 81.12(c) or 30.04 and 30.04(g) and Special Rule XIX.

 

(2)  The contents of the Legal File shall be in chronological order.  Rule 81.12(a) or 30.04(a).  (The first pleading filed in the Circuit Court should be at the beginning or on the top, etc.) See Special Rule XIX.

 

(3)  The pages of the Legal File shall be numbered and a complete index shall be included at the front of the file.  Rule 81.14(b) or 30.04(d).

 

(4)  A volume of legal file shall not exceed two hundred pages.  Rule 81.18(d) or 30.04(e).

 

(5)  The Legal File MUST BE CERTIFIED BY THE CIRCUIT COURT CLERK OR HAVE THE APPROVAL SIGNATURES OF THE PARTIES INVOLVED. Rule 81.15 or 30.04(g).  These must be the ORIGINAL SIGNATURES OF THE PARTIES OR THE CIRCUIT CLERK.  The original certified copy of the legal file and the original signed transcript is all our court requires for filing.  We need no additional copies.

 

 

TRANSCRIPT:

 

All transcripts must be submitted one page per sheet.  See Western District Special Rule XII for rules for preparing transcripts.  Effective January 1, 2015.

 

SUPPLEMENTAL LEGAL FILES:

 

Guidelines for preparing a legal file apply to supplemental legal files.

 



 

 

 

BRIEFS

 

Please follow these guidelines when preparing a brief:

 

(1)  Four copies of all briefs shall be filed.  (Western District Special Rule XII) Effective January 1, 2015.

 

(2)  The Appellant’s brief is generally due within 60 days after the date the Record on Appeal is filed with this Court.  Rule 84.05 and 30.06 and Special Rule XXX.

 

(3)  The Respondent’s brief is due 30 days after the date the Appellant’s brief is filed in this court.  Rule 84.05 and 30.06.

 

(4)  The Appellant’s Reply Brief (optional) is due 15 days after the Respondent’s brief is filed in this Court.

    

(5)  All briefs should be securely bound, and contain a cover page with case style, WD number and name and address of filing party.  All briefs must contain a certificate of service on opposing counsel.  See Special Rule XII (b).

 

(7)   For specific instructions regarding briefs on cross-appeals, refer to 84.04(j) or 30.06(f).

 

(8)   Rule 84.04 or 30.06 designated what must be included in briefs filed with the   Missouri Court of Appeals.  Failure to be in compliance with this rule will result in your brief being struck.

 

(9)   A Brief shall contain an appendix, unless the materials have been included in a prior brief.  See Rule 84.04(h). Effective April 1, 2004 see Special Rule XXXVIII.

 

All briefs shall be prepared in accordance with Rule 84.06, provided however that the following page limitations shall apply to briefs prepared pursuant to Rule 84.06(a) or (d).  In calculating the limits set forth in this rule, this court shall not count the words or lines of text of a brief’s table of contents, table of authorities or appendix.  See Western District Special Rule XLI.

 

1.    Appellant’s initial brief and all briefs in a cross appeal shall not exceed 15,500 words or, if a mono-spaced text face is used, 1100 lines of text.

2.    Respondent’s brief shall not exceed 13, 950 words or, if mono-spaced text fax is used, 990 lines of text.

3.    Any reply brief shall not exceed 5115 words or, if mono-spaced text face is used, 363 lines of text.

 

A person allowed to appeal as a poor person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file a typewritten brief.  Any other person unable to produce a brief as provided by Rule 84.06(a) or Rule 84.06(d) may file, with leave of court, a typewritten brief.  A typewritten brief should be prepared pursuant to Rule 84.06(e).  The following page limitations shall apply to typewritten briefs:

1.    Appellant’s brief and all briefs in a cross appeal shall not exceed 50 pages.

2.    Respondent’s brief shall not exceed 45 pages.

3.    Any reply brief shall not exceed 15 pages.

 

A party may file a motion requesting this court permit the party’s brief to exceed the limits set forth in this rule.  Such motion shall be filed at least ten (10) days before the due date on which the brief is due.  The court may grant such request only on a showing of good cause.

 

 

 

 

MISCELLANEOUS INFORMATION

 

If you want a file stamped copy of your filing returned to you send an extra copy along with a self-addressed stamped envelope.  Extra copies will not be returned unless a self-addressed envelope is included.

If you place a filing in the drop box, prior to 8:00 am, it will be filed with the date of the previous business day.  If you leave extra copies either leave a self addressed stamped envelope or a note attached stating they will be picked up. Copies are held for one week only.

Routine motions and motions for rehearing/transfer, pleadings, suggestions or correspondence which do not require a filing fee, an original signature or certification and which require only the original for filing will be accepted by fax if the document, together with any supporting documentation, does not constitute more than 20 pages.  See Western District Special Rule XIII.

 

Legal files, supplemental legal files, transcripts and briefs may be submitted electronically to:  wdcoa@courts.mo.gov .

They must be submitted in .pdf format and comply with all rules.

Within 5 days of electronic submission paper copies need to be presented to the Court.  The Legal File, Supplemental Legal and Transcript require 1 copy.  Briefs require 4 copies.  Paper copies need to be securely bound.  A clip is not considered securely bound.

 

 

 

STIPULATIONS

 

On Stipulations only the ORIGINAL is required to be filed.

 

 

EXHIBITS

 

All exhibits should be placed inside of an envelope with a complete index typed or taped on the outside along with the style and WD Number of the case.  If the exhibit is too large to fit inside the envelope, label the exhibit with the style and the WD number, indicate on the index if that exhibit is separate from the rest of the exhibits.  A separate index of the exhibits must be provided to be filed and placed in the court file.  See Western District Special Rule IV and XII(c) and Supreme Court Rule 81.16 or 30.05 for further information. 

Effective January 1, 2015: In both civil and criminal cases, the parties shall submit their exhibits no later than the date on which they file their initial briefs in this Court.              See Rule 81.16

 

 

Revised 11-18-2014