Supreme Court Rules - Rule 81 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Appeals: Appeal to Supreme Court

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Supreme Court Rules

		Section/Rule:	81.08
Subject:	Rule 81 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Appeals	Publication / Adopted Date:	June 13, 1979
Topic:	Appeal to Supreme Court - Jurisdictional Statement Required	Revised / Effective Date:	January 1, 2017

81.08

Appeal to Supreme Court - Jurisdictional Statement Required

(a) Jurisdictional Statement.

he appeal is to the Supreme Court, the appellant shall file with the clerk of the trial court, as part of or simultaneously with appellant's notice of appeal, a concise explanation, not to exceed six pages, detailing the judgment, decree, or order appealed from and sufficient other facts about the case to show that jurisdiction of the appeal is in the Supreme Court. Any other party may, within 15 days after the filing of appellant's jurisdictional statement, file in the Supreme Court suggestions in opposition, not to exceed six pages.

(b)

the appeal involves a post-conviction case, the appellant's jurisdictional statement shall also give the nature of the offense and the section of the statute under which defendant was convicted.

(c)

The jurisdictional statement required by this Rule 81.08 is for the purpose of facilitating appeals and preventing delays and is not a substitute for the jurisdictional statement required by

Rule 84.04

to be set forth in appellant's brief.

(

d) Examples of Jurisdictional Statements.

Bare recitals such as "This case involves construction of the revenue laws of the State of Missouri" or "This case involves the validity of a statute" or other similar general statements or conclusions are insufficient and will not be accepted.

(e)

The following is an example of a sufficient explanation in a case involving construction of the revenue laws: "This action is one involving the question of whether the respondent's machinery and equipment used in its operations in removing rock from the ground were exempt from the state sales tax law as being machinery and equipment falling within the exemption provided by section

144.040.3(4)

and, hence, involves the construction of a revenue law of this state."

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 1, 1993, eff. Jan. 1, 1994; May 27, 1999, eff. Jan. 1, 2000; May 26, 2000, eff. Jan. 1, 2001; June 17, 2004, eff. Jan. 1, 2005; May 19,2016, eff. Jan. 1, 2017. )