II. NOTICE OF APPEAL
A. FILING THE NOTICE OF APPEAL
Generally in civil and criminal
appeals, the notice of appeal is filed with the clerk of the trial court no
later than 10 days after the judgment becomes final. Rules 30.01(d) and
In a civil case,
any party filing a notice of appeal in the trial court shall serve a copy of
the notice of appeal on all other parties to the judgment pursuant to Rule
43.01. The clerk of the trial court also
shall serve the notice of appeal, and any jurisdictional statement filed in the
circuit court, on all parties to the judgment other than the party or parties
taking the appeal. 81.08(d).
In a criminal case, the clerk of
the trial court shall give notice of the filing of the notice of appeal and
shall mail the notice of appeal and any jurisdictional statement to the
appellate court. Rule 30.01(h).
The form and contents of a notice of appeal are contained in Form 8-A
for both criminal and civil cases. Rules 30.01(e) and 81.08(a).
- The notice of appeal must specify:
The parties taking the appeal,
The judgement or order appealed from, and
- The court to which the appeal is taken.
In a civil case: appellant
must file a Civil Case Information Form Supplement. Western District Special Rule XIV. Western District Form 1.
In a criminal case: appellant must file the Criminal Case
Information Form. Western District Special Rule XIV. Western District Form 2. Appellant must also file a copy of an
appeal bond if appellant has been released on bond pending appeal.
Copy of Judgment
4. Docket Fee – If Required
No trial court clerk shall accept or
file a notice of appeal unless:
(1) A docket fee of $70.00 is paid,
(2) A party is not required by law to pay the fee; or
(3) An order permitting the appellant to prosecute the appeal in forma
pauperis accompanies the notice of appeal. Rules 81.04(d), 30.01(d); See also §
If a notice of appeal is timely filed
by a party, any other party may file a notice of appeal within 10 days of the
date the first of notice of appeal was filed. Rule 81.04(b).
(The Court generally
consolidates all appeals arising from the same circuit court judgment into one
case for judicial efficiency. Any party by motion may request that appeals be
C. LATE NOTICE OF APPEAL
If a party fails to file a timely
notice of appeal, a party may seek leave from this court to file a
late notice of appeal. To seek leave, a
party must file with the clerk of the court of appeals a written motion for
special order permitting a late notice of appeal. A motion for leave to file a notice of appeal out of time may be
Civil – within 6 months from the date the judgment
became final. The court of appeals may
issue a special order only upon motion, with notice to the adverse parties, and
a showing by affidavit or otherwise that the delay was not due to the
appellant's culpable negligence. 81.07(a).
Criminal – within 12 months after the judgment
becomes final, including post-conviction proceedings. The court of appeals may issue a special
order in its discretion "for good cause shown." Rule 30.03.
In either case, a
copy of the final judgment from which the appeal is sought shall be attached to
the motion. When a special order is
granted, the clerk of the trial court shall permit the appellant to file a
notice of appeal within the time specified by the appellate court. Rules 30.03
and 81.07(a). The notice of appeal should not be filed with the trial court
until after the appellate court has granted the motion. If a notice of appeal
has been previously filed, it is still necessary to file a new notice of
D. INTERLOCUTORY APPEALS BY STATE
Pursuant to § 547.200, the State may
appeal from an order: quashing an arrest warrant, suppressing evidence,
suppressing a confession or admission, or from an order that the accused lacks
mental capacity or fitness to proceed. The notice of appeal must be filed in
the trial court within 5 days of the entry of the order. § 547.200.4; See also Rule 44.01(a). The filing of the record on appeal and the
briefing cycle are expedited. Rule 30.02.
E. SPECIAL TIME
LIMITS FOR NOTICE OF APPEAL
Compensation cases - Notice
of appeal must be filed within 30 days of the date of the Commission’s
decision. § 287.495.1; See also §287.480.1
cases - Commission decision
becomes final 10 days after the date of notification or mailing of the decision
to the parties. § 288.200.2. Notice of appeal must be filed within 20 days
of finality. § 288.210. See also §
Juvenile Matters -
Notice of appeal must be filed within 30 days after final judgment. § 211.261
Parental Rights - Notice of
appeal must be filed within 30 days after final judgment. § 211.261.