75.01  JUDGMENTS, CONTROL BY TRIAL COURT

Except as otherwise provided in Rule 81.045, the trial court retains control over judgments during the 30-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time. Not later than 30 days after entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor. After the filing of notice of appeal and before the filing of the record on appeal in the appellate court, the trial court, after the expiration of such 30-day period, may still vacate, amend or modify its judgment upon stipulation of the parties accompanied by a withdrawal of the appeal.

The 30-day period after entry of judgment for granting a new trial of the court's own initiative is not shortened by the filing of a notice of appeal but is terminated when the record on appeal is filed in the appellate court or an order shortening this period is entered under Rule 81.045.

81.045  APPEALS, WHEN AND HOW TAKEN – EXPEDITED

Time Shortened by Court or Motion. Any time after the notice of appeal is filed with the clerk of the trial court, the trial court, on its own motion, or on the motion of any party, for good cause shown, may shorten the 30-day period provided for in Rule 75.01. The motion shall be supported by an affidavit stating reasons why the party would be prejudiced by the 30-day period before the judgment would be final for purposes of appeal under Rule 75.01. If the trial court overrules the motion, the party seeking to shorten the 30-day period may file a similar motion in the appropriate appellate court, which shall decide the matter without deference to the trial court's denial. The provisions of this rule do not apply to judgments resolving fewer than all the remaining claims or parties as provided for in Rule 74.01(b).

81.05  JUDGMENTS, WHEN FINAL – PREMATURE FILING OF NOTICE OF APPEAL – COMPUTATION OF TIME

(a) Finality as Affected by After-trial Motions. Except as otherwise provide in Rule 81.045, for the purpose of ascertaining the time within which an appeal may be taken:

(1) A judgment becomes final in a civil matter at the expiration of 30 days after its entry if no timely authorized after-trial motion is filed.

(2) If a party timely files an authorized after-trial motion, the judgment becomes final at the earlier of the following:

(A) 90 days from the date the last timely motion was filed, on which date all motions not ruled shall be deemed overruled; or

(B) If all motions have been ruled, then the date of ruling of the last motion to be ruled or 30 days after entry of judgment, whichever is later.

(3) The filing and disposition of such motions has the same effect on time for appeal in all cases whether or not the motion has any function other than to seek relief in the trial court.

(b) Premature Filing of Appeal. In any case in which a notice of appeal has been filed prematurely, such notice shall be considered as filed immediately after the time the judgment becomes final for the purpose of appeal.

(c) Computation of Time. The 90-day period shall be computed as in Rule 78.06.

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MARY R. RUSSELL

Chief Justice