II. THE RECORD ON APPEAL

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Home About the Courts Missouri Court of Appeals Southern District ABCs of Appellate Practice II. THE RECORD ON APPEAL
  • General Rule: In most cases, the Record on Appeal is due 90 days after the notice of appeal is filed with the circuit 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.

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(a) and 81.12(a).

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. Rules 30.04(f) and 81.19. If the record on appeal consists of the legal file only, the legal file must be filed within thirty (30) days after the notice of appeal is filed in the trial court. Rule 81.19(a).

In appeals of the termination of parental rights, the record on appeal will be due thirty (30) days after the notice of appeal is filed. RSMo. §453.011.

The original record on appeal is to be filed with the Clerk of the Court of Appeals. Proof of service on the respondent shall be filed with the record on appeal. Rules 84.07(a) and 30.04(f).

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(a) and 81.12(a).

In most cases, the legal file should contain in chronological order at least the following documents:

  • (1) Circuit court docket sheets;
  • (2) Pleadings upon which the action was tried;
  • (3) The verdict;
  • (4) Findings of the court or jury;
  • (5) Judgment or order appealed from;
  • (6) Motions and orders after judgment;
  • (7) Notice of appeal.

The legal file shall be securely bound and labeled with a tan cover page that shall contain 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. The documents shall be arranged with docket sheets on top numbered as page one. 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. Special 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. Rules 81.15(a) and 30.04(g). Certification by the Circuit Clerk is not necessary if the parties agree in writing that the legal file is true and accurate. Rules 30.04(g) and 81.15(c). Service of the legal file on the respondent(s) shall be made as provided by Rules 84.07 or 81.14(d).

C. TRANSCRIPT

The transcript must contain the portions of the proceedings and evidence not previously reduced to written form. Rules 30.04(a) and 81.12(a).

The transcript pages shall be numbered consecutively and must be preceded by a complete index. Rules 30.04(d) and 81.14(b). A volume of transcript shall not exceed 200 pages.  Rule 81.18(b).  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(g) and 81.15(b).

Certification is not necessary if the parties agree in writing that the transcript is true and accurate. Rules 30.04(g) and 81.15(c).

The transcript may be prepared in page reduction format. Rule 81.18(c). If the transcript is in page reduction format, it shall be accompanied by a floppy disk or disks containing the transcript.

D. EXHIBITS

Appellant is responsible for depositing all exhibits that are necessary for the determination of any point relied on with the appellate court.

Exhibits shall be deposited on or before the day the reply brief is due or when the court so directs, whichever is earlier. Rule 81.16.  Special Rule 4 requires that each exhibit be labeled with the case number and contained collectively in an envelope labeled with the case number and style, name and address of the party depositing the exhibits and an index of all exhibits enclosed. In a civil appeal, except post-conviction proceedings, exhibits deposited with the clerk must be removed within thirty (30) days after final judgment or they will be destroyed. Rule 81.16 and Special Rule 4.

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