I. JUDGMENT AND JURISDICTION
Generally, an appeal may be taken only from a final judgment. A judgment is final and appealable when a writing signed by a judge and denominated "judgment" or "decree" is filed. Rule 74.01(a). A final judgment disposes of all issues, claims, and parties. In the absence of a final judgment, the appeal is premature.
A judgment that disposes of fewer than all parties or claims may be made final for purposes of appellate review if the trial court makes an express determination that there is “no just reason for delay.” Rule 74.01(b). In the absence of this express determination, the appellate court has no jurisdiction. Tendai v. Mo. State Bd. of Registration for the Healing Arts, 77 S.W.3d 1, 2 (Mo. banc 2002).
In a civil case, a motion for new trial or to amend the judgment must be filed within 30 days after the entry of a judgment. Rule 78.04. The time for filing the motion for new trial or to amend the judgment in a civil case may not be extended either by the trial court or the appellate court. Rule 44.01(b). In civil cases, the judgment becomes final 30 days after the entry of the judgment if no timely motion for new trial is filed. Rule 75.01. In jury-tried cases, allegations of error must be included in a motion for new trial to be preserved for appellate review. Rule 78.07.
If a timely motion for new trial is filed, the judgment becomes final at the expiration of 90 days after the filing of the motion or, if such motion is passed on at an earlier date, the latter of: (1) 30 days after the entry of judgment, or (2) disposition of the motion. Rule 78.06; Rule 81.05(a). A timely filed motion for new trial is overruled if the trial court does not rule on it within 90 days after the date the timely motion is filed. Rule 78.06.
In a criminal case, the judgment is final when the motion for new trial is overruled, allocution given, judgment and sentence entered in accordance with the jury verdict, and sentence is imposed. State v. Welch, 865 S.W.2d 434, 435 (Mo. App. 1993). In cases where no sentence is imposed, there is no right of appeal. State v. Lynch, 679 S.W.2d 858, 860 (Mo. banc 1984). In a criminal case, the motion for new trial must be filed 15 days after return of the verdict. The time may be extended by the court for one additional period of 10 days. Rule 29.11(b). A motion for new trial is optional in a case tried without a jury. Rule 29.11(e). In jury-tried cases, allegations of error must be included in a motion for new trial to be preserved for appellate review. Rules 29.11(d).
This Court has jurisdiction of all appeals, except where jurisdiction is vested in the Supreme Court of Missouri, pursuant to article V, section 3 of the Missouri Constitution, from cases arising out of:
1. Circuit Courts - See generally § 512.020
2. Associate Division of the Circuit Court - See §§ 512.180.2 and 543.335 for the circumstances under which an appeal may be filed with this court directly from an associate circuit judge.
3. Probate Division of the Circuit Court - See § 472.160 .
4. Administrative Appeals.
C. ELECTRONIC FILING REQUIREMENTS Rule 103.01-103.12, Western District Special Rules XII and XIII
- An attorney in good standing with the Missouri Bar representing a party
before the court must register as a user of the electronic filing system to
file documents with the court. Western
District Special Rule XII(A). The court may serve notices, opinions, and
other documents to registered users through the electronic filing system and on all others as provided by Rule 43.01. Western District Special Rule XII(F).
A. Transcripts – All
transcripts shall be prepared in full page format. The court reporter shall
provide appellant with an electronic version and at least one paper copy.
Western District Special Rule XII(B).
B. Exhibits - Registered
electronic filers may submit trial exhibits to this court through electronic
filing. Exhibits submitted electronically shall include a separate cover page
containing the following information: (1) the number and style of the case; (2)
the name and telephone number of the attorney submitting the exhibits; (3) an
index of the exhibits enclosed, and (4) a statement signed by the submitting
party or attorney certifying the exhibits are in fact the original exhibits
submitted to the court or agency from which the appeal is taken. Western District Special Rule XII(C).
C. Paper Copies
- Pursuant to Rule 103.11, registered electronic filers shall provide one
paper copy each of the legal file and transcript, including supplements,
and four paper copies of all briefs. Paper copies shall be delivered to
the clerk of the court not later than five days after the date the
document is electronically filed.
2. Self-Represented Parties – Self-represented
parties may file motions, correspondence, and pleadings that do not require
filing fees by fax, electronic mail attachment at firstname.lastname@example.org,
or by regular mail. Western District
Special Rule XIII (A).
A. Fax Filings – Motions, correspondence, and
pleadings that do not require filing fees may be filed by fax; but may not exceed 20 pages, including any
supporting documentation. Fax filings
shall bear the telephone number, fax number, and the signature of the person
filing them. Fax filings that are
received at the court by 11:59:59
p.m. will be filed as of that day.
Legal files and transcripts may not be filed by fax. Western District Special Rule
B. Electronic Mail Filings – Motions, correspondence, pleadings,
legal files, and transcripts may be filed by electronic attachment at email@example.com.
A single attachment shall not exceed ten megabytes. When a legal file or transcript is filed by
electronic mail attachment, one paper copy must be delivered to the clerk of
the court no later than five days after the date of filing. When a brief
is filed by electronic mail attachment, four paper copies must be
delivered to the clerk of the court no later than five days after the date of
filing. Western District Special Rule
C. Regular Mail – All motions, correspondence,
pleadings, legal files, and transcripts may be sent to the court by regular
mail. Western District Special Rule XIII(A).