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 #)


THE LEGAL FILE AND THE TRANSCRIPT (IF ANY) WHICH CONSTITUTES THE RECORD ON APPEAL SHOULD BE FILED TOGETHER AT THE SAME TIME.


LEGAL FILE:


Please follow these guidelines when preparing a Legal File:


(1) The Legal file shall be labeled with a Cover Page and 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). Effective April 1, 2004 Special Rule XIX requires all legal files to have a red cover.


(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.


(6) The Legal File shall be securely bound at the top or on the side. It should be on 8 ½” x 11” paper. It should be bound inside a red cover, with the case style and WD number on the cover. The name and address of the attorney filing same must also appear on the cover.


TRANSCRIPT:


See Western District Special Rule XXVII and XXVIII for rules for preparing transcripts.

Rule XXVII will require all transcripts be prepared in reduced page format. Form 4 and Form 5 will be repealed.


SUPPLEMENTAL LEGAL FILES:


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


BRIEFS


Please follow these guideline when preparing a brief:


(1) Seven copies of all briefs shall be filed. (Special Rule XII)


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


(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) Rule 84.06(f) requires briefs in the Court of Appeals to have a specific color cover page. They are:

Appellants (Relator)..………………………… White

Respondent…………………………………… Gray

Reply Briefs......….………………..………… Light Orange


For cross-appeals the colors are:


Initial Appellants……………………………… White

Respondent/Appellant……………………….  Gray

Respondent/Reply…………………………...  Light Brown

Final Reply……………………………………  Orange

Special brief colors:

Amicus Curiae………………………………… Red


(6) All briefs should be securely bound along the left-hand side, in book fashion. Spiral binding is preferred. If you use staples in binding your brief, please cover the staples with heavy tape on both sides. Briefs bound improperly will not be accepted for filing. 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.


FOR FORMS AND NUMBER OF COPIES TO BE FILED, PLEASE REFER TO SPECIAL RULE XII.


WRITS


On all Petitions for Original Writs and in the presentation of any documents regarding writs, the ORIGINAL AND THREE COPIES are required for filing. Please place copies of all papers to be filed in three complete sets to expedite consideration by the Writ Division. If a writ goes to a briefing schedule, seven copies of all briefs are required .


Effective April 1, 2004 Motions on Writs will require only an original.


MOTIONS AND SUGGESTIONS


On all motion and suggestions, the court requires only the ORIGINAL. No additional copies are required. This excludes motion for rehearing and or transfer to the Supreme Court.


MOTIONS FOR REHEARING/TRANSFER


An Original plus five (5) copies

are required for all motions for rehearing and or transfer to the Supreme Court. See Western District Special Rule XII(c).


STIPULATIONS


On all Stipulations only the ORIGINAL is required to be filed.


SERVICE


All briefs, records, supplemental records 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 84.07, 30.07, 84.05(a) and 84.06(g).


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 Special Rule IV and Supreme Court Rule 81.16 or 30.05 for further information.


Effective July 1, 2006 Exhibits are due on or before the day the Appellant’s Reply Brief is due. See Rule 81.16


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.


Revised 10-19-2006