ABCs of Appellate Practice
- This page is a living document; it may change at any time. Users should check back periodically for the latest version.
- See IMPORTANT NOTICES in the Introduction.
Table of Contents
-
Introduction and the Appellate Process
- Introduction
- The Appellate Process: Step by Step
-
General Filing Information
- Formatting Standards
- Caption Requirements
- Signature and Signature Block Requirements
- Filing Methods
- Service Requirements
- Redaction Requirements
- Motions
- How to Count Days for Deadlines
-
Initiating an Appeal
- Filing the Notice of Appeal
- Late Notice of Appeal
- Expedited Appeals Procedures (Rule 81.045)
-
The Record on Appeal
- General Procedure
- Legal File
- Transcript
- Exhibits
-
Briefs
- General Procedure
- Format Requirements for Paper Briefs
- Contents of Brief
- Appendix to Briefs
- Docketing
- Oral Argument
- Opinion
-
Post-Disposition Process
- Post-Disposition Motions
- Applications for Transfer
- Mandates
-
Post-Conviction Appeals and Specialized Procedures
- Rule 29.15 Post-Conviction Appeals
- Termination of Parental Rights Appeals (Local Rule 17)
- Juvenile Appeals
- Other Specialized Appeal Types
- Strategic Considerations for Specialized Appeals
-
Administrative Appeals
- General Overview
- Employment Security Appeals
- Workers' Compensation Appeals
- Administrative Hearing Commission Appeals
- Other Administrative Appeals
-
Resources and Forms
- Court Contact Information
- Helpful Websites
- Forms
I. Introduction and the Appellate Process
A. Introduction
About the Missouri Court of Appeals and the Southern District
The Missouri Court of Appeals is one court comprising three districts: Eastern, Southern, and Western. Each district has general appellate and original remedial writ jurisdiction within their respective territories and as otherwise provided by law. The territories of each district are defined by the Revised Statutes of Missouri (RSMo) in sections 477.050 (Eastern District), 477.060 (Southern District), and 477.070 (Western District) (available at www.revisor.mo.gov). The Southern District's territory includes 44 counties -- more than 38% of all counties of the state -- across southern Missouri. Contact information for the district can be found in Section XII. Resources and Forms.
About This Guide
This manual is a summary of basic procedures and requirements for appeals from lower courts and administrative agencies to the Missouri Court of Appeals, Southern District. It is designed for use as a reference tool and a general information guide for self-represented litigants practicing before this Court.
- This guide is NOT a substitute for the Missouri Rules of Court, Missouri statutes, or court decisions. When specific legal or procedural issues arise, you must proceed in accordance with the actual rules, statutes, and court decisions. If information in this guide conflicts with court rules, statutes, or court decisions, then the rules, statutes, and court decisions control.
- Self-represented parties are held to the same standards as attorneys. The court must treat all parties fairly and equally. This means the court must hold all parties to the same standards, whether they are represented by an attorney or self-representing. "Judicial impartiality, judicial economy, and fairness to all parties preclude courts from granting [self-represented] litigants preferential treatment." State v. Chambers, 481 S.W.3d 1, 7 n.4 (Mo. banc 2016) (quoting Pruett v. Pruett, 280 S.W.3d 749, 751 (Mo. App. SD 2009)).
- Court staff cannot give legal advice. Court staff are available to assist with procedural information and filing requirements. However, court staff cannot provide legal advice, interpret laws, or offer opinions on legal matters. For legal guidance, please consult a qualified, licensed attorney.
- Nothing in this guide may be cited in any court proceeding.
What is an Appeal?
An appeal is a proceeding in which a higher court reviews a decision of a lower court or administrative agency. Ordinarily, parties cannot present new evidence or testimony on appeal. The appellate court reviews the case based on the evidence that was properly presented to the trial court or administrative agency.
Can You Appeal?
You can only appeal if an appeal is authorized by Missouri statute. Generally, this includes:
- Final judgments that resolve all issues in the case
- Certain interlocutory orders (limited situations)
- Administrative agency decisions (in some cases)
Governing Rules
Practice before the Missouri Court of Appeals is governed by rules of the Supreme Court of Missouri, which apply to all districts of the court of appeals, and by local rules of each district, which apply only to proceedings in the district that promulgated them. All rules are available online (www.courts.mo.gov). In this guide the capitalized term "Rule" generally refers to a rule of the Supreme Court of Missouri while the term "Local Rule" or "Southern District Local Rule" generally refers to a local rule of the Southern District. Parties should pay particular attention to Rules 30 (criminal appeals only), 81, 83, and 84 and all Southern District Local Rules. Rule 41.01 also identifies other rules applicable to proceedings in the court of appeals.
Southern-District Specific Practices
The Southern District has several requirements that differ from the Eastern and Western Districts. Generally, these differences are a function of local rules.
Oral Argument Request Procedure
- Southern District Local Rule 1(b) provides that parties must affirmatively request oral argument:
- "Appellant in any case desiring to orally argue the cause shall serve notice thereof upon the respondent and the clerk of this court not later than 10 days after the brief of respondent is due to be filed under Supreme Court Rules or as extended by order of this court. Such notice shall be made by separate pleading captioned 'Request for Oral Argument,' and may be withdrawn at any time. Notice not made in this manner shall be ineffective. Failure of appellant to serve the notice within the time and manner required herein shall constitute a waiver on behalf of all parties to appear and orally argue the cause unless the court, for good cause shown, shall extend the time for serving the notice." [Note: This is not the complete text of Local Rule 1(b).]
- Other districts have different procedures relating to oral arguments
Word Limits for Briefs
- The Southern District follows Supreme Court Rule 84.06(b) for word limits in briefs
- The Eastern and Western Districts have local rules that provide lower word limits for briefs filed in their districts
CD Requirement for Computer-Generated Briefs Filed in Paper Format
- Southern District Local Rule 13 requires pro se parties filing computer-generated briefs on paper to also submit a CD containing the brief in a searchable electronic format
Pro Se Filing Options
- Southern District Local Rule 21 provides multiple ways for pro se litigants to present filings, including the ability to submit documents by e-mail and fax
- The rule specifies the requirements and limitations for each method
- The filing options provided in Southern District Local Rule 21 apply only to cases and proceedings in the Southern District
B. The Appellate Process Step by Step
Understanding the Timeline
An appeal is a multi-step process with strict deadlines. The process typically takes 6-12 months from filing the notice of appeal to receiving a decision, though this can vary considerably depending upon the case. Below is the standard timeline for a regular appeal in the Missouri Court of Appeals, Southern District.
Regular Appeal Timeline
Step 1: File Notice of Appeal
- Who: The party appealing (appellant)
- Deadline: 10 days after judgment becomes final (Rules 30.01(d) and 81.04(a))
- Where: File with the clerk of the trial court or administrative agency
- Fee: $70 docket fee (or file motion to proceed in forma pauperis, or file written statement demonstrating that no fee is required by law)
Step 2: Prepare and File the Record on Appeal
- Who: Appellant in most appeals (in some administrative agency appeals, the administrative agency files the record)
- Components:
- Legal file (certified documents from trial court) — required
- Transcript (if necessary based on the issues on appeal). A transcript is a word-for-word written record of what was said during court proceedings. It includes testimony from witnesses, arguments by attorneys, statements by the judge, and rulings made during hearings or trial. The court reporter or recording system creates this record. You need a transcript if your appeal involves claims about what was said or done during proceedings.
- Transcript Ordering Deadlines:
- Civil cases: 10 days after notice of appeal
- Criminal cases: 30 days after notice of appeal
- Record Filing Deadlines:
- Legal file only: 30 days after filing notice of appeal
- Legal file + transcript: 90 days after filing notice of appeal
Step 3: File Appellant's Brief
- Deadline: 60 days after record on appeal is filed with Court of Appeals (Rule 84.05(a))
- Content: Written argument explaining why the trial court or administrative agency was wrong
Step 4: File Respondent's Brief
- Deadline: 30 days after appellant's brief is filed (Rule 84.05(a))
- Who: Respondent (a party who did not appeal; usually opposed to appellant's claims of error)
Step 5: File Reply Brief (Optional)
- Deadline: 15 days after respondent's brief is filed (Rule 84.05(a))
- Who: Appellant may respond to new arguments in respondent's brief
Step 6: Oral Argument (If Requested)
- When: Scheduled by the Court after all briefs have been filed or the time for filing the last brief has expired
- Where: Springfield (Jan, Mar, May, Sept) or Poplar Bluff (Apr, Oct)
- Duration: 20 minutes for appellant(s), with up to 5 minutes reserved for rebuttal; 15 minutes for respondent(s)
Step 7: Court Decision
- Timing: Usually within several months after oral argument or brief submission
- Result: Opinion affirming, reversing, or modifying the trial court or administrative agency decision
What Happens After the Court's Decision?
After the Court of Appeals issues its decision, the case does not immediately return to the trial court. There are post-decision (often called post-disposition) processes:
- Application for Transfer to Missouri Supreme Court: Either party may file an application asking the Missouri Supreme Court to review the Court of Appeals decision. As of January 1, 2025, there are two options: (1) file with Court of Appeals within 15 days of opinion (Rule 83.02), or (2) file directly with Supreme Court within the later of 15 days after Court of Appeals denies transfer or overrules any post-disposition motion, or 30 days after the Court of Appeals' opinion (Rule 83.04).
- Mandate: The mandate is the Court's official order directing the lower court or agency to take action consistent with the Court of Appeals' decision. The mandate does not issue until after the expiration of time to file an application for transfer in the Supreme Court of Missouri. If an application for transfer is filed in the Supreme Court of Missouri, mandate will not issue until after the Supreme Court has issued its ruling on all pending applications. (Rule 83.09)
The court can extend most deadlines for good cause. To request an extension, a party must file a motion. The motion should demonstrate good cause for an extension. Motions for extension should be filed before the deadline expires, if possible, to allow for the possibility of the motion being denied.
Cross-Appeal Timeline
Cross-appeals occur when opposing parties each appeal the same judgment or appealable decision. (Note: Separate appeals by parties who are not opposed to each other generally are not treated as cross-appeals.)
Cross-Appeal Notice of Appeal and Designations of Parties
- Deadline: 10 days after the first notice of appeal is filed (Rules 30.01(d) and 81.04(c)), OR within the normal time to appeal (typically 10 days after judgment becomes final), whichever is later
- Result: Each of the parties is both an appellant (raising their own issues on appeal) and a respondent (responding to the opposing party's issues on appeal)
- Party Designations and Implications:
- In civil cases: The plaintiff in the lower proceeding is deemed the appellant/cross-respondent unless the parties agree otherwise or the court orders otherwise (Rule 84.04(i))
- In criminal cases: The state is always the respondent/cross-appellant (Rule 30.06(c)), which means the defendant is always the appellant/cross-respondent
- Why it matters: The party designated as the appellant/cross-respondent must file the initial appellant's brief and will be treated as the appellant for purposes of oral argument
- The party designations do not alter the obligation of each appellant (i.e., each party who filed a notice of appeal) to file, or ensure the filing of, the complete record on appeal
Record on Appeal in Cross-Appeals
- The time for filing the record is the same as in a regular appeal. Each party who filed a notice of appeal is obligated to complete the filing of the record on appeal. While the parties may agree to share a single record and split the cost (Rule 81.12(h)), the obligation to ensure the record is filed rests with each appellant.
Brief Filing Schedule in Cross-Appeals (Rule 84.05(e)):
- Appellant's Brief: 60 days after record is filed
- Respondent/Cross-Appellant's Brief: 30 days after appellant's brief (single brief responding to issues raised in appellant/cross-respondent's initial brief and presenting respondent/cross-appellant's issues on appeal)
- Appellant/Cross-Respondent's Brief: 30 days after respondent/cross-appellant's brief (single brief replying to respondent/cross-appellant's response to the initial brief and responding to respondent/cross-appellant's issues on appeal)
- Cross-Appellant's Reply Brief: 15 days after appellant/cross-respondent's brief
Administrative Appeals: Different Timelines
Administrative appeals have shorter deadlines that vary by agency:
| Type of Appeal | Notice Deadline | Filed With |
|---|---|---|
| Workers' Compensation | 30 days | Labor & Industrial Relations Commission |
| Unemployment Compensation | 20 days | Labor & Industrial Relations Commission |
| Administrative Hearing Commission | 30 days | Court of Appeals (direct filing) |
Appellant's Responsibilities
In most cases, the appellant (the party who filed the notice of appeal) is responsible for:
- Ordering and paying for the transcript (if necessary for the issues on appeal)
- Requesting all records needed for the legal file
- Assembling the legal file
- Filing the complete record on appeal with the Court of Appeals
- Filing all briefs on time
- Depositing necessary exhibits with the Court
In Cross-Appeals: When multiple parties file notices of appeal, each party who filed a notice of appeal has the obligation to complete the filing of the record on appeal. While the parties may agree to share a single record and split the cost (Rule 81.12(h)), the obligation to ensure the record is filed rests with each appellant.
II. General Filing Information
This section provides general filing requirements that apply to most documents filed in the Missouri Court of Appeals, Southern District. These requirements apply unless a specific Missouri Supreme Court Rule or Southern District Local Rule states otherwise for a particular type of filing.
Documents that do not comply with these rules may be rejected for filing.
A. Formatting Standards
All documents filed in the Court of Appeals must meet specific formatting standards under Rule 84.03 and Rule 81.21. Here is a quick reference of the essential requirements:
| Requirement | Standard | Rule |
|---|---|---|
| Paper Size | 8½ x 11 inches, one side only | 81.21(b)(1) |
| Font | 13-point Times New Roman minimum | 84.03(b)(3) |
| Margins | 1 inch on all sides | 84.03(b)(2) |
| Line Spacing | 1.5 minimum (with exceptions) | 84.03(b)(2) |
| Page Numbers | Consecutive Arabic numerals at bottom | 84.03(b)(1) |
| Binding | Rubber band or binder clip only | 81.21(b)(2) |
Paper and Printing
Paper size must be 8½ x 11 inches, with printing on only one side. Paper weight should be between 18 and 24 lbs.
Margins
All documents must have margins of at least 1 inch on all sides. Only page numbers may appear in the bottom margin; no other text or markings are allowed.
Font
All text must be in 13-point Times New Roman or larger.
Line Spacing
Text must have a minimum 1.5 line spacing. The following may be single-spaced: captions, headings, long quotations (those exceeding two lines), footnotes, certificates, and signature blocks.
Page Numbers
All pages (including the cover page) must be numbered consecutively with Arabic numerals at the bottom of each page.
Binding
Hard copy documents should be bound only temporarily with a rubber band or binder clip. ⚠️ DO NOT USE: Adhesive tape, adhesive-backed products, staples, spiral binding, or edge-sealing products.
B. Caption Requirements
Documents are to include a caption that identifies the case. The caption must include:
- The court name ("In the Missouri Court of Appeals, Southern District")
- The case number assigned by the Court (if no case number has been assigned, use "SD_____")
- The full names of all parties as they appear in the case
- A description of the document being filed (e.g., "Appellant's Brief," "Motion to Extend Time")
The caption should appear at the top of the first page of every document filed with the Court.
C. Signature and Signature Block Requirements
All documents filed with the Court must be signed by the party submitting the filing (or by the party's attorney, if represented), and the signature block must include current contact information. Rules 55.03(a) and 84.01(a).
Signing the document:
- For hard copy and fax filings: Sign the document by hand before filing or faxing.
- For email filings: Acceptable electronic signatures include:
- A scanned copy of your handwritten signature
- An electronic graphic representation of your signature
- A typed signature in the format "/s/ [Your Name]"
The signature block must include the following information:
- Your name
- Your mailing address
- Your telephone number
- Your email address
- Your facsimile number (if you have one)
Signature block information must be kept current at all times. If any of this information changes during your case, you must update the Court and all other parties.
D. Filing Methods
Southern District Local Rule 21 provides three filing options for self-represented litigants:
| Filing Methods at a Glance |
|---|
| Email: No-fee documents only; 10MB total per email (including all attachments) |
| Fax: No-fee documents only; 20 pages or less |
| Hard Copy: All documents accepted |
Method 1: Email Filing
Email filing is allowed ONLY for documents that do not require a filing fee.
- Email address: [email protected]
- Format: Documents must be in PDF format. Transcripts, motions, suggestions, and briefs must be in searchable PDF format.
- Size limit: The total size of the email, including all attachments, must not exceed 10 megabytes (10MB).
- Required information: Your email must include the case caption, case number, and the name of the party filing the document.
- Filing time: The time of receipt recorded by the Court's email server is the official filing time.
Case Caption: Smith v. Jones
Case Number: SD12345
Filing Party: John Smith, Appellant
Document: Appellant's Brief
Method 2: Fax Filing
Fax filing is allowed ONLY for documents that do not require a filing fee AND do not exceed 20 pages.
- Fax number: 417-895-6817
- Restrictions: Legal files and transcripts, including supplements, may NOT be filed by fax.
- Filing time: The time printed on the document by the Court's fax machine is the official filing time.
Method 3: Hard Copy Filing
Hard copies may be filed by delivering them to the clerk's office, including hand-delivery, mail, or shipping service. All documents may be filed by hard copy.
Address for Hard Copy Filings:
Missouri Court of Appeals, Southern District
300 S John Q Hammons Parkway, Suite 300
Springfield, MO 65806
In-Person Filing Hours: Monday through Friday (except court holidays), 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. The clerk's office is closed from 12:00 p.m. to 1:00 p.m. for lunch.
Number of Copies Required
- For self-represented parties filing paper documents: Only one original document is required. You do not need to file copies (Local Rule 2).
- For email and fax filings: No paper copies are required.
Most documents filed in the Court of Appeals do not require a docket fee. Notices of appeal are typically filed with the trial court or administrative agency where the docket fee is paid. Documents that require fees when filed directly with the Court of Appeals include petitions for writ and certain administrative agency reviews.
The filing methods under Local Rule 21 apply only to documents filed in the Missouri Court of Appeals, Southern District. When filing documents in any other court (e.g., filing the notice of appeal in the trial court, or filing an application for transfer in the supreme court), you must adhere to the other court's filing procedures.
All filings, regardless of method, must comply with all applicable requirements of the Missouri Supreme Court Rules and Southern District Local Rules.
Papers and documents that are not presented in the form and content required by the rules cannot be accepted for filing and will be returned.
Always keep a copy of every document you file with the Court for your own records. If you file by mail or hard copy delivery, make a photocopy or scan before filing. If you file by email or fax, save a copy of what you sent. You are responsible for maintaining your own file and may need these copies later in your case.
E. Service Requirements
When you file a document with the Court, you must also serve copies on the other parties in the case. Service is a separate requirement from filing with the Court.
| Service at a Glance | ||
|---|---|---|
| Filing Type | Who Must Be Served | Certificate Required? |
| Initiating Filings | All parties | Yes |
| Filings in Existing Cases (NOT Initiating) | Self-represented parties only | Yes (for self-represented parties only) |
What Are "Initiating Filings"?
An initiating filing is any document that begins a new case or proceeding in the Court of Appeals. Examples include:
- Petition for writ of mandamus, prohibition, or habeas corpus
- Motion for special order permitting late filing of notice of appeal
- Petition to appeal class action certification order
- Certain administrative agency reviews filed directly with the Court
Service Requirements for Initiating Filings
Initiating filings are not served via the electronic filing system.
You must:
- Personally serve each party (or their attorney, if represented)
- Include a certificate of service
The certificate of service must state:
- The date of service
- The method of service
- The name and address of each party (or attorney) served
"I certify that on October 18, 2025, I served this document by U.S. Mail on Jane Doe, Attorney for Respondent, 123 Main Street, Springfield, MO 65806."
Service Requirements for Filings in Existing Cases (NOT Initiating Filings)
For filings in existing cases, service requirements depend on whether the other parties are represented by attorneys:
Attorneys (Served Electronically):
- Attorneys in existing cases are served automatically through the electronic filing system.
- You are not required to personally serve attorneys (or the parties they represent). No certificate of service is required for attorneys served through the electronic filing system. Rule 84.026(b).
Self-Represented Litigants (Must Be Served Manually):
- All self-represented litigants must be served by other means because they do not have access to the electronic filing system.
- You must serve self-represented litigants by mail, hand delivery, courier, fax, or email (see Methods of Service below for details).
- You must certify that you have made proper service on all parties who are not represented by an attorney.
Methods of Service
Acceptable methods of service include:
- Personal delivery: Hand-delivering documents to the party or attorney
- Mail: U.S. Postal Service or private mail service
- Courier or delivery service: FedEx, UPS, etc.
- Facsimile (fax): Sending documents by fax
- Email: Sending documents as email attachments
Service is complete upon delivery, mailing, or transmission. Note that special timing rules may apply for service completed after 5:00 p.m., on weekends, or on holidays.
F. Redaction Requirements
Redaction is the process of removing or blocking out confidential or protected information before filing a document with the Court.
You are responsible for redacting your own documents. The Court does not review documents for proper redaction before accepting them for filing. Once a document is filed, it becomes part of the public court record unless you have properly redacted confidential information.
Redaction Checklist: What Must Be Redacted?
Under Rule 84.015 and Court Operating Rule 2.01, you must redact the following:
Personal Identifiers:
- Social security numbers
- Driver's license numbers
- State identification numbers
- Taxpayer identification numbers
- Passport numbers
- Dates of birth
Financial Information:
- Financial institution account numbers
- Credit card numbers
- Debit card numbers
- Personal identification numbers (PINs)
- Passwords
Protected Parties:
Names, addresses, and contact information for:
- Informants
- Victims
- Witnesses
- Persons protected by restraining orders or orders of protection
- Names of individuals known to be minors (persons under 18 years of age)
Case Information:
- Case numbers of confidential, expunged, or sealed records
Exercise Caution When Filing:
- Medical records
- Employment history
- Financial records
- Proprietary or trade secret information
How to Redact: Step-by-Step
Step 1: Identify confidential information in your document.
Step 2: Replace the information with a clear indicator:
- For numbers: "XXX-XX-XXXX" (for social security numbers)
- For text: "[REDACTED]"
- For names: Use generic descriptors like "Minor Child 1," "Witness A," or "DOB"
Step 3: File a Confidential Redacted Information Filing Sheet (see below).
Step 4: Certify your compliance (see below).
Before: "John Smith's social security number is 123-45-6789."
After: "John Smith's social security number is XXX-XX-XXXX."
Confidential Redacted Information Filing Sheet
When you redact information from a document, you must also file a "Confidential Redacted Information Filing Sheet." This sheet must either:
- Have the unredacted document attached to it, OR
- Contain a line-by-line listing of:
- What information was redacted
- Where it appears in the filed document
- What generic descriptor was used in place of the redacted information
The Confidential Redacted Information Filing Sheet and any unredacted documents are kept confidential by the Court and are not accessible to the public.
Certification of Compliance
You must certify that you have complied with the redaction requirements. You can include this certification on the document itself or attach it as a separate document:
"I certify that I have complied with the redaction requirements of Rule 84.015 and Court Operating Rule 2.01."
G. Motions
All motions must be in writing and must be filed with the clerk's office. Motions should not be in letter form and should not be addressed to a judge, but to the clerk's office. Rule 84.20. All motions must be signed and must include proof of service, as applicable. Rules 30.006, 43.01, 84.01(a), and 84.026. Unless otherwise ordered, suggestions in opposition may be filed within five (5) days after the date of service. Rule 84.01(b). Motions are decided on the pleadings without oral argument. Rules 30.10 and 84.01(b). Rulings are sent through the electronic filing system or in accordance with Rule 43.01. See Rule 84.025(c).
H. How to Count Days for Deadlines
Understanding how to properly count days for deadlines is critical in appellate practice. Rule 44.01(a) governs the computation of time periods for all deadlines in Missouri appellate courts.
Step 1: Identify Day 0
The day of the judgment, order, or event that triggers your deadline is "Day 0" and is NOT counted.
Step 2: Start Counting
Begin counting on the day AFTER Day 0.
Step 3: Count Intermediate Days
How you count intermediate days depends on the length of the deadline:
- For deadlines of 7 days or more: Include all intermediate days in your count (weekends and holidays count)
- For deadlines of less than 7 days: EXCLUDE intermediate Saturdays, Sundays, and legal holidays from your count
Step 4: Check the Final Day
If your deadline falls on a Saturday, Sunday, or legal holiday, the deadline automatically extends to the next day that is not a Saturday, Sunday, or legal holiday.
Examples
Example 1: 10-day deadline (7+ days - include weekends)
- Judgment becomes final: Monday, March 3
- Day 0: Monday, March 3 (not counted)
- Start counting: Tuesday, March 4 (Day 1)
- Count all days including weekends
- Day 10: Thursday, March 13
- Deadline: Thursday, March 13
Example 2: 5-day deadline (less than 7 - exclude weekends and holidays)
- Order issued: Friday, June 6
- Day 0: Friday, June 6 (not counted)
- Start counting: Monday, June 9 (Day 1) — [Saturday and Sunday excluded]
- Day 2: Tuesday, June 10
- Day 3: Wednesday, June 11
- Day 4: Thursday, June 12
- Day 5: Friday, June 13
- Deadline: Friday, June 13
Example 3: Deadline falls on weekend
- 10-day deadline ends on: Saturday, April 12
- Deadline extends to: Monday, April 14 (next day that is not a weekend or holiday)
Additional Time for Service by Mail
When a party has the right or is required to do something within a prescribed period after service of a document by mail, three days are added to the prescribed period. Rule 44.01(d).
When in doubt about calculating a deadline, contact the Court clerk's office for assistance with the calculation. It is always better to file early rather than risk missing a deadline.
III. Initiating an Appeal
- General Rule: In general civil and criminal appeals, the notice of appeal is due ten (10) days after the judgment becomes final.
A. Filing the Notice of Appeal
Generally, in civil and criminal appeals, the notice of appeal must be filed with the clerk of the trial court no later than ten (10) days after the judgment becomes final. Rules 30.01(a) and 81.04(a).
The form and contents of a notice of appeal are contained in Form 8-A(2) for civil cases and Form 8-A(3) for criminal cases. At the time of filing the notice of appeal with the clerk of the trial court, one of the following must be filed:
- The docket fee of $70.00; or
- A statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or
- A motion to prosecute the appeal in forma pauperis
Rules 30.01(a) and 81.04(d)-(f). Under Rules 30.01(a) and 81.04(d)-(f), a notice of appeal received with a docket fee or with a statement demonstrating no docket fee is required is deemed filed on the date the clerk receives it. A notice of appeal received with a motion to prosecute the appeal in forma pauperis is deemed filed on the date received if the motion is granted. Self-represented parties who are not eligible to use the electronic filing system must serve a copy of the notice of appeal on all other parties not represented by an attorney as provided by Rule 43.01. Rules 30.006 and 84.026.
The notice of appeal must specify the parties taking the appeal, the judgment, decree or order appealed from, the court to which the appeal is taken and must be signed. Rules 30.01(a), 55.03(a), 81.04(a), and 84.01(a). The clerk of the trial court shall give notice of the transmittal of the notice of appeal to all parties. Rule 81.04(g). In appeals from felony convictions or orders in post-conviction cases, the clerk must also serve the notice on the attorney general. Rule 30.01(c).
Important Note for Self-Represented Parties: Most attorneys are required to file documents electronically, but self-represented parties are not eligible for the electronic filing system and must file paper documents. However, the Southern District provides special filing options for self-represented parties under Local Rule 21.
B. Late Notice of Appeal
A party may seek leave from the Court of Appeals to file a late notice of appeal. Leave to file a late notice of appeal is sought by filing with the Clerk of the Court of Appeals a written motion for special order permitting a late notice of appeal.
In accordance with Supreme Court Rule 81.07, the party in a civil case who requests a special order must make a showing by affidavit or otherwise that the delay was not due to the appellant's culpable negligence and attach a copy of the final judgment to the motion. This must be done within six (6) months of the final judgment. In accordance with Supreme Court Rule 30.03, the party in a criminal case must request a special order within twelve (12) months of the final judgment and "for good cause shown" the Court of Appeals, in its discretion, may issue a special order.
Understanding the Standards for Late Appeals
The success of your motion for late appeal depends on meeting different legal standards depending on whether your case is civil or criminal.
Civil Cases: "Culpable Negligence" Standard (Rule 81.07)
In civil cases, you must show that your delay was not due to your culpable negligence. "Culpable negligence" means delay that is your fault due to carelessness, indifference, or failure to exercise reasonable care in meeting the appeal deadline.
Rule 81.07 states the motion must include:
- "a showing by affidavit or otherwise that the delay was not due to appellant's culpable negligence"
- "attach a copy of the final judgment to the motion"
Criminal Cases: "Good Cause" Standard (Rule 30.03)
In criminal cases, you must show "good cause" for the delay. This standard generally allows courts broader discretion to permit late appeals compared to the civil standard.
Rule 30.03 requires:
- A request "for good cause shown"
Important: Whether particular circumstances meet the legal standard is a determination made by the court based on the specific facts of each case. Courts deny most late appeal motions.
C. Expedited Appeals Procedures (Rule 81.045)
New Rule Effective July 1, 2025: Rule 81.045 allows trial courts or appellate courts to shorten the normal 30-day finality period for judgments, which can accelerate appeal deadlines. This rule provides an important tool for cases requiring expedited resolution.
Under Rule 81.045, any party may request that the court shorten the normal 30-day waiting period under Rule 75.01 before a judgment becomes final for appeal purposes. This procedure can significantly accelerate the appeal timeline when justified by the circumstances.
Who Can Request Expedited Treatment
Any party to the case may file a motion to shorten the 30-day finality period. Additionally, the trial court may act on its own motion to expedite the case without a party's request.
Where to File
First Option - Trial Court: The motion may be filed with the trial court that entered the judgment. The trial court has initial jurisdiction to consider expedited treatment requests.
Second Option - If Trial Court Denies: If the trial court overrules the motion for expedited treatment, the requesting party may file a similar motion directly with the appropriate Court of Appeals. The appellate court will decide the matter independently, without deferring to the trial court's denial.
Standard for Granting Expedited Treatment
The motion must demonstrate "good cause shown" for shortening the finality period. The motion must be supported by an affidavit stating specific reasons why the moving party would be prejudiced by waiting the full 30-day period before the judgment becomes final for appeal purposes.
Required Documentation
The motion for expedited treatment must include:
- Written motion specifying the request to shorten the 30-day period
- Supporting affidavit stating specific factual reasons for the requested expedited treatment
- Proposed shortened timeline indicating when the judgment should become final
- Certificate of service showing all parties have been served with the motion
Limitations on Expedited Treatment
Important Limitation: Rule 81.045 does not apply to judgments that resolve fewer than all remaining claims or parties in a case. Expedited treatment is only available for judgments that would be final under Rule 74.01(b).
Critical Timing Consideration: If expedited treatment is granted, your appeal deadline will be shortened accordingly. You must be prepared to file your notice of appeal within 10 days after the shortened finality date, not the normal 30-day period. Plan accordingly and have your notice of appeal ready to file immediately.
Impact on Appeal Timeline
When expedited treatment is granted:
- Notice of Appeal Deadline: Still 10 days after the judgment becomes final, but the finality date is accelerated
- Record Filing Deadline: Normal Rule 81.19 deadlines apply (30 or 90 days from notice of appeal filing)
- Brief Deadlines: Standard briefing schedule under Rules 30.06 and 84.05 applies
- No Further Acceleration: Only the finality period is shortened; other appeal deadlines remain standard
Strategic Considerations
For Potential Appellants: Consider whether expedited treatment benefits your case or creates additional pressure. Expedited treatment shortens your preparation time but may be necessary to avoid prejudice.
For Potential Respondents: You may oppose a motion for expedited treatment if you believe insufficient grounds exist or if expedited treatment would prejudice your ability to respond to an appeal.
Coordination with Other Procedures: Expedited treatment under Rule 81.045 is separate from other expedited procedures such as interlocutory appeals or emergency writ proceedings. Each serves different purposes and has distinct requirements and timelines.
IV. The Record on Appeal
- General Rule: In most cases, the Record on Appeal is due 90 days from the date of the filing of the notice of appeal in the trial court, if a legal file and transcript are to be filed. If the case is a legal file only, then the legal file is due within 30 days from the date of the filing of the notice of appeal in the trial court.
A. General Procedure
It is the appellant's burden to provide this Court with the record on appeal that contains all of the proceedings and evidence necessary to the determination of all questions to be presented to the Court for decision. Rules 30.04 and 81.12.
The record on appeal is divided into two components - the "legal file" and the "transcript." The record on appeal must be filed with the appellate court within ninety (90) days from the date of the filing of the notice of appeal in the trial court, if both a legal file and a transcript are to be filed. Rule 81.19. If the record on appeal consists of the legal file only, the legal file must be filed within thirty (30) days from the date of the filing of the notice of appeal in the trial court. Rule 81.19.
In appeals of the termination of parental rights, the complete record on appeal (both legal file and transcript) is due thirty (30) days after the notice of appeal is filed. § 453.011 RSMo and Local Rule 17.
The record on appeal is to be filed with the Clerk of the Court of Appeals. Rules 30.04 and 81.12(d). Service, and proof thereof, shall be in accordance with Rules 30.006 and 84.026.
Calculating Deadlines: For detailed instructions on counting days for deadlines, including which days count and how to handle weekends and holidays, see Section II.H.: How to Count Days for Deadlines.
B. Legal File
The legal file shall contain clearly reproduced, exact copies of the pleadings and other portions of the trial record previously reduced to written form. Rules 30.04(b) and 81.12(b)(2).
In most cases, the legal file should contain in chronological order at least the following documents:
- Circuit court docket sheets
- Pleadings upon which the action was tried
- The verdict
- Findings of the court or jury
- Judgment or order appealed from
- Motions and orders after judgment
- Notice of appeal
For self-represented parties not eligible to use the electronic filing system: The legal file shall be securely bound and labeled with the style of the case and the Southern District Appeal Number. The legal file shall be paginated, contain an index referring to the documents by page number and shall not contain more than 200 pages in a volume. Rule 81.21. The documents shall begin with the docket sheets on top numbered as page 1. The oldest document shall follow the docket sheets with the remaining documents arranged in chronological order ending with the notice of appeal at the bottom. Rule 81.12(b)(4) and Local Rule 2(b). The legal file must be certified by the clerk of the trial court to consist of true copies of the portions of the record filed in the trial court. Rule 81.12(b)(5). Certification by the Circuit Clerk is not necessary if the parties agree in writing that the legal file is true and accurate. Rule 81.15.
C. Transcript
The transcript must contain the portions of the proceedings and evidence not previously reduced to written form. Rules 30.04(c) and 81.12(c).
The transcript pages shall be numbered consecutively and must be preceded by a complete index. Rules 30.04(c) and 81.12(c). A volume of transcript shall not exceed 200 pages. Rules 30.04(c) and 81.12(c). The transcript must be certified by the court reporter as a true and accurate reproduction of the proceedings transcribed or by a transcriber as a true and accurate reproduction of the sound recording. Rules 30.04 and 81.12(c). Certification is not necessary if the parties agree in writing that the transcript is true and accurate. Rule 81.15.
A party who files a paper transcript shall also file the electronic medium provided by the court reporter. Rule 81.21.
D. Exhibits
Critical Appellant Responsibility: As the appellant, you are responsible for depositing all exhibits that are necessary for the determination of any point relied on in your appeal. Failure to properly deposit required exhibits may result in the Court being unable to review your arguments that depend on those exhibits.
General Requirements for Exhibit Deposit
All exhibits that were admitted into evidence during the trial court proceedings and that are necessary for your appeal must be deposited with the Court of Appeals. This includes documents, photographs, recordings, physical objects, and any other evidence that supports the points you rely on in your brief.
Deadline for Depositing Exhibits
Exhibits must be deposited on or before the day the reply brief is due, or when the court specifically directs, whichever is earlier. Rule 81.16. Since reply briefs are due 15 days after the respondent's brief, this effectively means exhibits are typically due approximately 105 days after the record on appeal is filed (60 + 30 + 15 = 105 days).
Timeline for Exhibit Deposit:
- Standard Deadline: When reply brief is due (15 days after respondent's brief)
- Alternative Deadline: When the court specifically orders (may be earlier)
- Strategic Tip: Consider depositing exhibits earlier rather than waiting until the deadline
Southern District Local Rule 4 Requirements
The Southern District has specific requirements under Local Rule 4 for how exhibits must be packaged and labeled:
Individual Exhibit Labeling
Each individual exhibit must be clearly labeled with:
- The case number (Southern District appeal number)
- The exhibit designation as used in the trial court (e.g., "Plaintiff's Exhibit 1", "State's Exhibit A")
- Brief description if helpful for identification
Envelope or Container Requirements
All exhibits must be contained collectively in an envelope or appropriate container that is labeled with:
- Case number and style (complete case caption)
- Name and address of the party depositing the exhibits
- Complete index of all exhibits enclosed
Sample Envelope Label:
Case No. SD3XXXX
Smith v. Jones
Deposited by: John Smith
123 Main Street, Springfield, MO 65XXX
Exhibits Enclosed:
• Plaintiff's Exhibit 1 (Contract dated 1/15/2024)
• Plaintiff's Exhibit 2 (Email correspondence)
• Defendant's Exhibit A (Invoice #1234)
Types of Exhibits to Consider
You should deposit exhibits that relate to any point you plan to argue in your brief, including:
- Documents: Contracts, correspondence, business records, government documents
- Physical Evidence: Objects, materials, samples (if transportable)
- Visual Evidence: Photographs, diagrams, maps, charts
- Recordings: Audio or video recordings (ensure proper format)
- Technical Evidence: Expert reports, scientific data, computer printouts
Exhibit Retention and Removal Requirements
Mandatory Removal Deadline - Civil Cases: In civil appeals (except post-conviction proceedings), exhibits deposited with the clerk must be removed within thirty (30) days after the mandate issues, or they will be destroyed. Rule 81.16(e) and Local Rule 4.
Civil Cases
For most civil appeals, you have exactly 30 days after the Court issues its mandate to retrieve your exhibits. The Court will not provide additional notice - it is your responsibility to:
- Monitor when the mandate issues
- Calendar the 30-day removal deadline
- Contact the Clerk's office to arrange pickup
- Retrieve exhibits before the deadline expires
Post-Conviction and Criminal Cases
Different rules may apply to post-conviction proceedings and criminal cases. Check with the Clerk's office about specific retention policies for these case types.
Practical Considerations for Self-Represented Parties
Before Depositing Exhibits
- Review your brief arguments: Only deposit exhibits that relate to points you actually argue
- Check trial court exhibit list: Verify the correct exhibit designations from the trial record
- Make copies: Keep copies of all exhibits for your records
- Organize systematically: Arrange exhibits in logical order (usually matching trial court order)
Working with Different Types of Exhibits
Oversized Items: For large documents, maps, or charts, contact the Clerk's office about special handling requirements.
Electronic Media: CDs, DVDs, or USB drives should be clearly labeled and tested to ensure they work properly.
Fragile Items: Use appropriate protective packaging and consider whether copies might be sufficient.
Multiple Copies: Generally, provide one set of exhibits unless the Court specifically requests multiple copies.
Coordination with Opposing Parties
Consider coordinating with opposing parties to avoid duplicate deposits of the same exhibits. If both parties need the same exhibit for their arguments, one party can deposit it and reference it in briefs.
Best Practice Tips:
- Create a detailed index before packaging exhibits
- Use clear, professional labeling
- Include your contact information for easy retrieval coordination
- Photograph exhibits before deposit for your records
- Confirm receipt with the Clerk's office
- Calendar the removal deadline immediately
What Happens If You Don't Deposit Required Exhibits
If you fail to deposit exhibits that are necessary for your arguments:
- The Court may not be able to review arguments that depend on those exhibits
- Your appeal may be decided based only on the legal file and transcript
- You cannot introduce new exhibits or evidence on appeal that was not presented in the trial court
- Missing exhibits may result in an adverse ruling on related points relied on
Remember: The appellate court reviews only the evidence that was before the trial court. You cannot submit new evidence or exhibits that were not part of the original trial proceedings.
V. Briefs
- General Rule: Appellant's brief is due 60 days after the record on appeal is filed. Respondent's brief is due 30 days after Appellant's brief is filed. The reply brief is due 15 days after Respondent's brief is filed.
Notice
A self-represented party has the right to represent himself/herself on appeal. However, "we must hold him to the same standards of practice and procedure that we would expect of an attorney in order to ensure fairness and impartiality." State v. Douglas, 132 S.W.3d 251, 256 (Mo. App. 2004) and Hicks v. Div. of Employment Security, 41 S.W.3d 638, 640 (Mo. App. 2001).
A. General Procedure
Within sixty (60) days after the record on appeal is filed, the appellant's brief must be filed with the Clerk of the Appellate Court. Within thirty (30) days after filing of the appellant's brief, the respondent's brief may be filed with the appellate court. Within fifteen (15) days after the filing of the respondent's brief, the appellant's reply brief may be filed.
B. Format Requirements for Paper Briefs
Note: For general formatting requirements (margins, fonts, line spacing, page numbers), see Section II (General Filing Information).
Computer Generated Briefs
All briefs should be prepared using computer software as provided by Rules 81.18 and 84.06. The briefs must be formatted for pages of size 8½ by 11 inches. The font size throughout the brief (including footnotes) shall not be smaller than 13 point, Times New Roman. All text must have line spacing of not less than 1.5 (double-spacing also complies), except for the following which may be single-spaced: caption, headings, quotations more than two lines long, footnotes, certificate of service, certificate required by Rule 84.06(c), and signature block. Rules 84.03(b)(2) and 84.06. The pages, including the cover page, must be numbered consecutively, and the brief must be secured by affixing a temporary binding such as a rubber band or a binder clip but not with adhesive tape, staples, spiral binding, or edge sealing products. Rules 81.21 and 84.06.
Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed 31,000 words. Respondent's brief shall not exceed 27,900. The reply brief shall not exceed 7,750 words. Rule 84.06(b). Briefs must be signed and contain the information required by Rule 55.03(a). See Rule 84.01(a). Briefs must also contain a certificate, signed by the filing party or their attorney, stating that the brief complies with the word limits of Rule 84.06(b) and stating the actual number of words in the brief. Rule 84.06(c).
If a brief is prepared in accordance with Rule 84.06(a) and filed in paper form (i.e., the brief is not filed via the electronic filing system or by electronic transmission pursuant to Special Rule 21), an electronic copy of the brief and the appendix shall be submitted to the court via CD-ROM, disk, or other electronic medium acceptable to the court. Local Rule 13. The CD must comply with the following requirements:
- The CD shall contain both the brief and the appendix to the brief;
- The contents of the CD shall be in Word, WordPerfect, Adobe Acrobat PDF, or any searchable format in which the onscreen presentation is identical to the paper document;
- An adhesive label shall be affixed to each CD identifying the caption of the case, party filing the CD, the CD number (e.g., "CD1 of 2"), and word processing format;
- The filing party shall certify that the electronic copy has been scanned for viruses and is virus-free;
- If service is required by Rule 81.006, a copy of the CD shall be served in accordance with Rule 43.01.
Important for Self-Represented Parties: The CD requirement under Local Rule 13 applies only when you file a paper brief in person, by mail, or by shipping service. If you file your brief by email under Local Rule 21, no CD is required since the court already has the electronic version.
Typewritten Briefs
A party not eligible to file documents through the electronic filing system AND unable to prepare a brief using computer software may file a typewritten brief. Rule 81.21(e). Typewritten briefs must be on 8½ by 11 inch paper and typed on only one side of the page. The type size must be not less than ten pitch and ten characters to the inch. All text (including footnotes) must be double-spaced, except for the cover, certificate of service and signature block, which may be single-spaced. The pages, including the cover page, should be numbered consecutively, and the brief must be secured by affixing a temporary binding such as a rubber band or a binder clip but not with adhesive tape, staples, spiral binding, or edge sealing products. Rule 81.21.
Appellant's initial brief and all briefs in a cross appeal except the reply brief shall not exceed 100 pages. Respondent's brief shall not exceed 90 pages. The reply brief shall not exceed 25 pages. Rule 81.21(e)(2).
Certificate of Service
Proof of service on the opposing parties shall be consistent with Rules 30.006 and 84.026.
C. Contents of Brief
The contents of the brief must conform to the requirements set forth in Rules 30.06 and 84.04. Briefs not in compliance with the rules may be stricken, the party may be ordered to file a new or amended brief, or the appeal may be dismissed. In addition, Rules 30.20 and 84.13 require that the Court not consider any allegations of error that are not properly briefed. In recent years, the appellate courts have required strict adherence to the rules relating to the contents of a brief.
Appellant's Brief
The appellant's brief shall contain:
1. Table of Contents - A detailed table of contents with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where they are cited. Rules 30.06 and 84.04(a)(1).
2. Jurisdictional Statement - A concise statement of the grounds upon which the jurisdiction of the reviewing court is based. Rules 30.06(b) and 84.04(a)(2).
3. Statement of Facts - A fair and concise statement of the facts, without argument, relevant to the issues presented for review. Page references to the record on appeal must be included. Rules 30.06 and 84.04(a)(3).
4. Points Relied On - A brief statement of what actions or rulings of the trial court or administrative agency are sought to be reviewed and wherein and why they are claimed to be erroneous. Rules 30.06 and 84.04(d). Each point relied on shall: (A) identify the trial court or administrative ruling that the appellant challenges; (B) state concisely the legal reasons for the appellant's claim of reversible error; and (C) explain in summary fashion why those legal reasons support the claim of reversible error. See Rule 84.04(d) for specific examples of the form.
5. Argument - The argument must substantially follow the order of the "Points Relied On." The point relied on shall be restated at the beginning of the section of the argument discussing that point. The argument shall also include a concise statement of the applicable standard of review. Page references to the transcript must be included. Rules 30.06 and 84.04(e).
6. Conclusion - At the end of the brief, the party should provide a short conclusion stating the precise relief sought. Rule 84.04(a)(6).
7. Appendix – An appendix shall accompany and be separate from the brief. Rule 84.04(h).
Respondent's Brief
The respondent's brief shall include a detailed table of contents and table of authorities, and an argument in conformity with Rule 84.04(f). The respondent may adopt the jurisdictional statement and statement of facts of the appellant or, if not satisfied, respondent may include a jurisdictional statement or statement of facts. Rules 30.06 and 84.04(f).
The argument portion shall contain headings identifying the points relied on contained in the appellant's brief to which each argument responds. The respondent's brief may also contain additional arguments in support of the judgment that are not raised by the points relied on in the appellant's brief. Rules 30.06 and 84.04(f).
Reply Brief
The appellant may file a reply brief but shall not reargue points covered in the main brief. Rules 30.06 and 84.04(g).
D. Appendix to Briefs
A party's brief shall be accompanied by a separate appendix. Rule 84.04(h). The appendix must contain the following materials unless they have already been filed in another appendix: (1) the judgment, order, or decision in question, including the relevant findings of fact and conclusions of law; (2) the complete text of all statutes, ordinances, rules of court, or agency rules; and (3) the complete text of any instruction to which a point relied on relates. The appendix must have a separate table of contents. The pages in the appendix shall be numbered consecutively beginning with page A1 and shall not be counted as part of the brief. Rule 84.04(h).
VI. Docketing
In accordance with Local Rule 1, an appellant desiring to orally argue may serve notice thereof no later than 10 days after the brief of respondent is due to be filed. Such notice shall be made by separate pleading captioned "Request for Oral Argument". Failure of appellant to request oral argument within the time and manner required shall constitute a waiver on behalf of all parties to appear and orally argue. The case will then be submitted to a three-judge panel for decision without argument.
If oral argument is requested, the case is set on a docket for oral argument before one of the Court's divisions and counsel or the self-represented parties are notified. The docket should be examined carefully to avoid going to the wrong courtroom. This Court sits in Springfield, 300 S John Q Hammons Pkwy Ste 300, Third Floor and in Poplar Bluff, Butler County Courthouse, 100 N. Main Street, Second Floor and other locations throughout the Southern District.
VII. Oral Argument
Court normally convenes at 9:00 a.m. and 1:00 p.m. to hear oral arguments. Oral argument is optional. Cases may be submitted on the briefs without oral argument. If counsel for appellant or a self-represented appellant are not present when court convenes, the case may be submitted on the briefs. A respondent who fails to file a brief will not be permitted to participate in oral argument. Local Rule 1.
In cases that are set on the oral argument docket, the appellant is allowed a maximum of twenty (20) minutes for argument and may reserve up to five (5) minutes for rebuttal. Respondent is allowed a maximum of fifteen (15) minutes. Local Rule 1.
If there are multiple parties on a side they shall divide the allotted time. In cross-appeals, the plaintiff in the trial court shall be entitled to open and close the argument, unless the Court directs otherwise.
VIII. Opinion
In each case determined by the Court, the opinion or judicial decision is reduced to writing and filed in the cause. The Court is also authorized to issue memorandum decisions or summary or written orders. Rules 30.25(b) and 84.16(b). The opinion is sent to each responsible attorney of record or self-represented party on the day it is filed.
IX. Post-Disposition Process
A. Post-Disposition Motions
Updated December 2024: The following information reflects current rule requirements for post-disposition motions and transfer applications as amended effective January 1, 2025.
A party may file in the Court of Appeals post-disposition motions and/or an application to transfer to the Supreme Court of Missouri after the court files its opinion, written order, memorandum decision or order of dismissal. Rules 30.26, 30.27, 83.02, and 84.17. The post-disposition motions or application may be accompanied by suggestions in support and must be filed in the clerk's office of the Court of Appeals within fifteen (15) days after the opinion, written order, memorandum decision or order of dismissal is filed.
No suggestions in opposition may be filed unless requested by the court. If the court requests such suggestions, any other party may file suggestions in opposition within ten (10) days after the request. Rules 83.02, 83.06 and 84.17.
B. Applications for Transfer
Option 1: Direct Filing with the Supreme Court
Under amended Rule 83.04, a party may file an application for transfer directly with the Missouri Supreme Court without first filing with the Court of Appeals. This option provides the most time and may be strategically advantageous in many cases.
Deadline for Direct Supreme Court Filing: Application for transfer shall be filed in the Supreme Court within the later of:
- 15 days of the date on which the court of appeals denied transfer or overruled any Rule 84.17 post-disposition motion; OR
- 30 days of the date on which the court of appeals files its opinion, memorandum decision, written order, or order of dismissal.
Key Advantages: This option typically provides 30 days from the Court of Appeals opinion rather than the traditional 15-day deadlines, giving parties more time to prepare their application. Rule 83.04 specifically states that "A party does not need to file an application for transfer pursuant to Rule 83.02 prior to filing an application for transfer with this Court."
Upon a showing of good cause, an application for transfer may be filed out of time, but no application for transfer shall be filed if the court of appeals has issued its mandate that is still in effect. Rule 83.04.
Option 2: Traditional Two-Step Process
A party may still choose to follow the traditional procedure of first filing an application for transfer with the Court of Appeals under Rule 83.02, and then filing with the Supreme Court if denied. This approach may be preferred in certain strategic circumstances.
Step 1: File application for transfer with the Court of Appeals within fifteen (15) days after the opinion, written order, memorandum decision or order of dismissal is filed. Rule 83.02.
Step 2: If the Court of Appeals denies the application for transfer, a party may make an application for transfer directly to the Supreme Court of Missouri. Application for transfer directly with the Supreme Court must be filed in the Office of the Clerk of the Supreme Court within fifteen (15) days after the date on which transfer was denied by the Court of Appeals. Rule 83.04.
Strategic Considerations: While the new direct filing option provides more time (up to 30 days vs. 15 days), the traditional two-step process may still be appropriate when:
- You want the Court of Appeals to consider transfer before the Supreme Court
- The case meets clear criteria under Rule 83.02 that the Court of Appeals frequently grants
- You prefer to have two opportunities to seek transfer rather than one
In most cases, however, the direct filing option will provide the most time and flexibility for preparing a comprehensive transfer application.
C. Mandates
Judgments of the court take effect when the mandate issues. Generally, a mandate is not issued until the time for filing post-disposition motions has expired. If a post-disposition motion is filed, the mandate will not issue until this court and the Missouri Supreme Court resolve all such motions.
X. Post-Conviction Appeals and Specialized Procedures
Important Distinction: Post-conviction proceedings are separate from direct appeals and have different procedures, deadlines, and standards. This section covers appeals from post-conviction proceedings, not the initial post-conviction motion itself.
A. Rule 29.15 Post-Conviction Appeals
Appeals from Rule 29.15 post-conviction proceedings follow standard appellate procedures but have several unique requirements specific to these cases.
Timeliness Statement Requirement (Local Rule 20)
The Southern District requires a special "timeliness statement" in all post-conviction appeals under Local Rule 20. This statement must:
- Demonstrate timely filing of both the original post-conviction motion and any amended motion
- Be positioned in the brief immediately after the jurisdictional statement and before the statement of facts
- Include specific page references to the record on appeal (legal file, transcript, or exhibits)
- Reference appendix pages if the cited material is also in the appendix
Local Rule 20 Requirements:
Appellant's Brief: Must include a concise timeliness statement with factual demonstration of timely filing
Respondent's Brief: May include a timeliness statement if dissatisfied with appellant's version
Record Citations Required: All factual statements must have specific page references to the record
Standard of Review in Post-Conviction Appeals
Post-conviction appeals are reviewed under a "clearly erroneous" standard, which is more deferential to the trial court than other types of appeals. Rule 29.15(k) specifically states that appellate review is "limited to a determination of whether the findings and conclusions of the trial court are clearly erroneous."
Common Issues in Post-Conviction Appeals
- Ineffective assistance of counsel (most common claim)
- Jurisdictional defects in the original proceedings
- Illegal sentences or sentencing errors
- Constitutional violations affecting the judgment
- Newly discovered evidence (under strict standards)
B. Termination of Parental Rights Appeals (Local Rule 17)
Appeals from termination of parental rights proceedings have expedited deadlines under Local Rule 17 and RSMo §453.011.
Accelerated Timeline
Record Filing Deadline: The record on appeal must be filed within thirty (30) days after the notice of appeal is filed, not the standard 90 days. This shortened deadline applies regardless of whether both legal file and transcript are required.
Brief Deadlines: Standard briefing deadlines apply once the record is filed (60 days for appellant's brief, etc.), but the overall timeline is compressed due to the accelerated record deadline.
Special Considerations
- Confidentiality: These cases often involve confidential information requiring careful redaction
- Urgency: The expedited timeline reflects the important constitutional and family interests involved
- Appointed Counsel: Many parties have court-appointed counsel, but self-represented parties must follow the same accelerated deadlines
C. Juvenile Appeals
Juvenile appeals follow procedures under Rules 120.01 and related juvenile court rules, with some procedural differences from adult cases.
Confidentiality Requirements
- Sealed proceedings: Most juvenile cases are confidential and require special filing procedures
- Name redaction: Juvenile names must be redacted from public documents
- Limited access: Only parties and attorneys of record can access case documents
Common Types of Juvenile Appeals
- Delinquency proceedings: Appeals from adjudications of delinquency
- Abuse and neglect cases: Appeals from dependency determinations
- Custody and placement: Appeals from placement and custody decisions
- Termination of parental rights: (covered above under Local Rule 17)
D. Other Specialized Appeal Types
Mental Health Commitment Appeals
Appeals from involuntary mental health commitments under Chapter 632, RSMo, have expedited procedures due to the liberty interests involved.
Guardianship and Conservatorship Appeals
Appeals from probate court guardianship and conservatorship proceedings often involve questions of capacity and procedural due process.
Adoption Appeals
Appeals from adoption proceedings may involve constitutional challenges and have confidentiality requirements similar to juvenile cases.
Key Differences from Standard Appeals:
- Many specialized appeals have shortened deadlines
- Confidentiality requirements may apply
- Different standards of review may apply
- Special constitutional considerations are often involved
- Local rules may impose additional requirements (like Local Rule 20 for post-conviction cases)
E. Strategic Considerations for Specialized Appeals
- Understand the specific procedural requirements for your type of case
- Pay close attention to accelerated deadlines where they apply
- Consider whether constitutional issues require different briefing approaches
- Ensure compliance with confidentiality requirements to protect parties' privacy rights
- Review relevant local rules that may impose additional requirements
XI. Administrative Appeals
Important Note: Administrative appeals have different procedures, deadlines, and requirements than regular civil appeals. Each type of administrative appeal has specific rules that must be followed. This section provides an overview of the most common types of administrative appeals in the Southern District.
Critical Deadline: The deadline for filing a notice of appeal in administrative cases is very strict. Missing this deadline generally means you lose your right to appeal. Missouri statutes provide different deadlines to appeal in different types of administrative proceedings. To preserve your rights, be sure you know the applicable deadline and meet it.
A. General Overview
Administrative appeals involve challenges to decisions made by state administrative agencies. Unlike regular civil appeals from circuit courts, administrative appeals often go directly to the Court of Appeals or have special procedural requirements. The deadlines for administrative appeals are typically shorter than regular appeals and vary by agency.
In administrative appeals, the standard of review is usually whether the agency's decision was:
- Authorized by law and supported by competent and substantial evidence; and
- Not arbitrary, capricious, unreasonable, or an abuse of discretion
B. Employment Security Appeals
Employment security (unemployment compensation) appeals are among the most common administrative appeals filed by self-represented parties in the Southern District.
Procedure for Employment Security Appeals
Step 1: Administrative Process - Before appealing to the Court of Appeals, you must exhaust the administrative process, which includes:
- Initial determination by the Division of Employment Security
- Appeal to the Appeals Tribunal
- Appeal to the Labor and Industrial Relations Commission
Step 2: Notice of Appeal to Court of Appeals - After the Labor and Industrial Relations Commission issues its decision, you have twenty (20) days to file a notice of appeal with the Commission (not the Court of Appeals). Chapter 288 RSMo. The 20-day deadline for filing the notice of appeal with the Commission is strictly enforced. Missing this deadline generally means you lose your right to appeal. The 20 days run from when the Commission's decision becomes final, which is typically when it is mailed to the parties.
Step 3: Record Preparation - The Commission prepares and transmits the record to the Court of Appeals. The record typically includes:
- The transcript of testimony from administrative hearings
- Exhibits and relevant papers
- Rulings, orders, decisions, and findings of fact and conclusions of law issued by the agency
Forms: Use Form 8-B for unemployment compensation appeals. This form is available on the Missouri Courts website.
Common Issues in Employment Security Appeals
- Whether an individual was discharged for misconduct connected with work
- Whether an individual left work voluntarily without good cause attributable to the work or employer
- Whether an individual is able to work and available for work
- Whether an individual is actively seeking work
- Overpayment and fraud determinations
C. Workers' Compensation Appeals
Workers' compensation appeals challenge decisions of the Labor and Industrial Relations Commission regarding workplace injuries and benefits.
Procedure for Workers' Compensation Appeals
Deadline: You have thirty (30) days from the date the Commission's award becomes final to file a notice of appeal with the Commission. Chapter 287, RSMo.
Forms: Use Form 8-C for workers' compensation appeals.
Record: Similar to employment security appeals, the Commission prepares and transmits the record to the Court of Appeals.
Common Issues in Workers' Compensation Appeals
- Whether an injury arose out of and in the course of employment
- Extent of disability and compensation rates
- Medical treatment authorizations
- Vocational rehabilitation determinations
- Settlement approvals
D. Administrative Hearing Commission Appeals
The Administrative Hearing Commission hears appeals from various state agencies regarding professional licensing, regulatory matters, and other administrative decisions.
Procedure for Administrative Hearing Commission Appeals
Deadline: You have thirty (30) days from the mailing or delivery of the final decision to file a petition for review with the Court of Appeals. Section 621.189, RSMo.
Filing Location: Unlike employment security and workers' compensation appeals, Administrative Hearing Commission appeals are filed directly with the Court of Appeals, not with the administrative agency.
Record Responsibility: The party seeking review is responsible for filing the transcript and record of all proceedings before the Administrative Hearing Commission with the Court of Appeals.
Types of Cases Heard by Administrative Hearing Commission
- Professional licensing disputes (medical, legal, real estate, etc.)
- Motor vehicle dealer and manufacturer licensing
- Insurance regulatory matters
- Environmental regulatory appeals
- Various other state agency appeals
E. Other Administrative Appeals
Public Service Commission Appeals
Appeals from the Public Service Commission regarding utilities regulation must first seek rehearing with the Commission, then may be appealed to the Court of Appeals within thirty (30) days of the rehearing decision.
State Tax Commission Appeals
Appeals from the State Tax Commission follow procedures under Chapter 138, RSMo, with specific deadlines and requirements.
Department of Social Services Appeals
Certain appeals from the Department of Social Services may go to the Administrative Hearing Commission or directly to circuit court, depending on the type of case.
Important Reminders for Administrative Appeals:
- Each type of administrative appeal has specific deadlines that are typically shorter than regular civil appeals
- Some administrative appeals must be filed with the agency, others directly with the Court of Appeals
- You must exhaust all administrative remedies before appealing to the Court of Appeals
- The record preparation process differs for each type of administrative appeal
- Standard briefs and procedures apply once the case reaches the Court of Appeals
XII. Resources and Forms
A. Court Contact Information
Missouri Court of Appeals, Southern District
300 S John Q Hammons Pkwy Ste 300
Springfield, MO 65806
Phone: (417) 895-6811
Fax: (417) 895-6817
B. Helpful Websites
- Missouri Courts: www.courts.mo.gov
- Case Information: www.courts.mo.gov/casenet
- Court Forms: Available under "Forms" section on courts website
C. Forms
Notice of Appeal Forms
Form 8-A(2) - Civil Appeals
URL: https://www.courts.mo.gov/page.jsp?id=102294
Form 8-A(3) - Criminal Appeals
URL: https://www.courts.mo.gov/page.jsp?id=102294
Administrative Appeal Forms
Form 8-B - Unemployment Compensation Appeals
URL: https://www.courts.mo.gov/file.jsp?id=7218
Form 8-C - Workers' Compensation Appeals
URL: https://www.courts.mo.gov/file.jsp?id=7219
GN175 - Public Service Commission Appeals
URL: https://www.courts.mo.gov/page.jsp?id=526
Forms for Those Who Cannot Afford Fees
GN 10 - Motion and Affidavit to Proceed as a Poor Person
URL: https://www.courts.mo.gov/page.jsp?id=526
GN 31 - Non-Party Request for Transcript
URL: https://www.courts.mo.gov/page.jsp?id=526
Remedial Writ Forms
Form 16 - Summary for Original Remedial Writ
URL: https://www.courts.mo.gov/page.jsp?id=102294
Redaction and Confidentiality Forms
GN 320 / GN 400 - Redaction Certification
URL: https://www.courts.mo.gov/page.jsp?id=526
GN 325 / GN 405 - Motion to Correct Redaction
URL: https://www.courts.mo.gov/page.jsp?id=526
GN 318 / GN 415 - Application to Inspect Confidential Court Records
URL: https://www.courts.mo.gov/page.jsp?id=526