I. INITIATING AN APPEAL

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Home About the Courts Missouri Court of Appeals Southern District ABCs of Appellate Practice I. INITIATING AN APPEAL

I. 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 is filed with the clerk of the trial court no later than ten (10) days after the judgment becomes final. Rules 30.01(d) and 81.04(a).

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).  At the time of the filing the notice of appeal with the clerk of the trial court, a docket fee of $70.00 or an in forma pauperis finding by the trial court must be filed. Rules 30.01(d) and 81.04(d). The appellant shall also serve a copy of the notice of appeal on all other parties to the judgment. Rule 81.08(d).

The notice of appeal must specify the parties taking the appeal, the judgment or order appealed from, the court to which the appeal is taken and must be signed. Rules 30.01(e) and 81.08(a). The clerk of the trial court shall give notification of the filing of the notice of appeal by mailing copies to all parties to the judgment other than the party or parties taking the appeal. Rules 30.01(h) and 81.08(d).

In accordance with this Court's Special Rule 12, in addition to filing the notice of appeal, the appellant in a civil case must file a Civil Case Information Form using the form noted in the Rule.

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.

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