State Court Notice of Appeal — Missouri

NOTICE OF APPEAL

State of Missouri — Missouri Court of Appeals

CRITICAL DEADLINE — 10 DAYS
- Civil appeal: Notice of Appeal must be filed within 10 days after the judgment becomes final. Rule 81.04(a).
- When does a civil judgment become "final"? A judgment becomes final 30 days after entry, unless a timely authorized after-trial motion is filed (Rule 81.05(a)). If an after-trial motion is filed, the judgment becomes final when the motion is ruled upon (or 90 days after filing if not ruled upon, whichever is earlier). Rule 81.05(b).
- In practice: File the Notice of Appeal within 10 days after the 30-day finality window expires (i.e., within 40 days of entry of judgment if no after-trial motions), OR within 10 days after disposition of an after-trial motion.
- Cross-appeal: Any other party may file a cross-appeal within 10 days after the first Notice of Appeal is filed. Rule 81.04(b).
- Late appeal: Within 6 months of final judgment in civil cases, the court may grant leave to file a late notice for good cause shown. Rule 81.07.
- Docket fee: Due at the time of filing in the trial court.
- Filed in: The trial court (Circuit Court) — not the Court of Appeals.
- Attach: A copy of the judgment/order appealed must be attached to the Notice of Appeal. Rule 81.08.

PART I — COURT AND CASE IDENTIFICATION

TRIAL COURT (where filed):

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI
[________________________________] DIVISION
CASE NO.: [____________________]
HON. [________________________________], Circuit Judge / Associate Circuit Judge

APPELLATE COURT:

☐ Missouri Court of Appeals, Eastern District (St. Louis area — covers eastern Missouri)
☐ Missouri Court of Appeals, Western District (Kansas City area — covers western Missouri, including Cole County seat of state government)
☐ Missouri Court of Appeals, Southern District (Springfield area — covers southern Missouri)
☐ Supreme Court of Missouri (direct appeal in specific cases: death penalty, life imprisonment, validity of statute, state revenue, Title to real estate — § 3.01(a) Mo. Const. Art. V)

(Which district? Generally determined by the county where the trial court sits. Cole County (Jefferson City) appeals involving state agencies typically go to the Western District.)

Court of Appeals Docket No. (assigned after transmittal): [____________________]

PART II — CASE CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI
[________________________________] DIVISION
CASE NO.: [____________________]

[________________________________],
      Plaintiff,

v.

[________________________________],
      Defendant.

PART III — COUNSEL / PARTY INFORMATION

Appellant's Counsel:

[________________________________] (Missouri Bar No. [________])
[________________________________] (Law Firm)
[________________________________] (Street Address)
[________________________________], Missouri [________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]
Attorney for Appellant: [________________________________]

Appellee's Counsel (for service):

[________________________________] (Missouri Bar No. [________])
[________________________________]
[________________________________], Missouri [________]
Email: [________________________________]
Attorney for Appellee: [________________________________]

PART IV — NOTICE OF APPEAL (Rule 81.08)

Pursuant to § 512.020 RSMo and Missouri Rule 81.04, notice is hereby given that [________________________________] ("Appellant"), who was the [☐ Plaintiff ☐ Defendant ☐ Third-Party Defendant ☐ Counter-Claimant ☐ Other: ________________________________] in the above-captioned action, hereby appeals to the [☐ Missouri Court of Appeals, [Eastern / Western / Southern] District ☐ Supreme Court of Missouri] from the following judgment, order, or decree:

A. Judgment / Decree / Order Appealed From

Description of Judgment/Order:
[________________________________]
[________________________________]

Date of entry of judgment/order: [__/__/____]

Judge: Hon. [________________________________]

Attached hereto: A true and correct copy of the judgment/order appealed from (required by Rule 81.08).

Basis for appealability:
☐ Final judgment — § 512.020 RSMo; Rule 81.01
☐ Special order after final judgment — § 512.020(5) RSMo
☐ Interlocutory order re: injunction — § 512.020(4) RSMo
☐ Order appointing receiver — § 512.020(2) RSMo
☐ Direct appeal to Supreme Court (specify ground: [________________________________])
☐ Other: [________________________________]

B. Additional Orders / Rulings Appealed

Appellant also appeals from each and every interlocutory order, ruling, finding, and decision merged into the final judgment or otherwise adverse to Appellant, including without limitation:

1. Order dated [__/__/____] regarding [________________________________]
2. Order dated [__/__/____] regarding [________________________________]
3. All adverse evidentiary and procedural rulings made during the trial or hearing of this matter.

PART V — TIMELINESS / FINALITY STATEMENT (Rules 81.04 & 81.05)

Finality Calculation (Rule 81.05):
☐ No after-trial motions filed — judgment final 30 days after entry on [__/__/____]; appeal deadline: [__/__/____]
☐ After-trial motion filed — judgment became final when motion was ruled upon on [__/__/____]; appeal deadline: [__/__/____]
☐ After-trial motion not ruled upon within 90 days of filing — deemed overruled on [__/__/____]; appeal deadline: [__/__/____]

Appellant states that this Notice of Appeal is timely filed within 10 days of the date the judgment became final, as required by Rule 81.04(a).

PART VI — PARTIES TO THE APPEAL

(Note: Missouri uses "Appellant" and "Respondent" — not "Appellee.")

PART VII — RECORD ON APPEAL (Rule 81.12)

A. Legal File:

The legal file (record on appeal) shall consist of those portions of the trial court record as specified by Rule 81.12(a). Appellant designates the following for inclusion:

☐ The entire record of the proceedings in the Circuit Court (recommended for most appeals)
☐ Partial record, consisting of:

1. All pleadings, motions, and supporting documents filed in this case
2. All orders, judgments, and decrees of the Circuit Court
3. All exhibits admitted or proffered at trial or hearing
4. The certified docket sheet (register of actions)
5. Transcript(s) as specified in Part VII(B) below
6. [________________________________]
7. [________________________________]

B. Transcript Request (Rule 81.12(e)):

Appellant ☐ has ordered ☐ will order within [____] days transcripts of the following proceedings from the official court reporter:

Financial arrangements for transcript:
☐ Appellant has paid or made satisfactory financial arrangements with the court reporter.
☐ Appellant is proceeding in forma pauperis and has filed a motion for indigency; requests transcript at public expense.
☐ No transcript is needed because: [________________________________].

(Note: Rule 81.12(e) requires the appellant to make financial arrangements for the transcript and to serve a copy of the transcript order on the respondent. Failure to provide a transcript of relevant proceedings may waive the points on appeal.)

PART VIII — STAY OF ENFORCEMENT PENDING APPEAL (Rule 81.09)

☐ No stay is requested at this time.

☐ Stay by supersedeas bond (Rule 81.09(a)):
Appellant will file or has filed a supersedeas bond in the Circuit Court to stay execution of the money judgment. The judgment amount is $[________________]; Appellant will seek to fix bond at $[________________] (typically 125% of judgment — verify with court).

☐ Stay by motion in Circuit Court (Rule 81.09(a)):
Appellant will file a motion to stay enforcement of the non-money judgment in the Circuit Court. The judgment/order to be stayed is: [________________________________].

☐ Stay in Court of Appeals (Rule 81.09(b)):
If Circuit Court denies a stay, Appellant will file a motion for stay in the Court of Appeals.

Nature of judgment/relief to be stayed:
☐ Money judgment of $[________________] (plus interest and costs)
☐ Injunctive order (describe: [________________________________])
☐ Property transfer / deed order
☐ Custody or guardianship order
☐ Other: [________________________________]

PART IX — CROSS-APPEAL (Rule 81.04(b))

☐ No cross-appeal is filed or anticipated.

☐ Notice of Cross-Appeal:
[________________________________] ("Cross-Appellant") hereby appeals from the following aspects of the judgment: [________________________________].

(Note: A cross-appeal must be filed within 10 days of the date the first Notice of Appeal was filed. Rule 81.04(b). The docket fee must also be paid.)

Cross-Appellant's Counsel:
[________________________________] (Missouri Bar No. [________])
[________________________________], Missouri [________]
Email: [________________________________]

PART X — DOCKETING STATEMENT OUTLINE

The following information will be incorporated into any docketing statement or case information form required by the Court of Appeals district upon docketing.

1. Nature of case:
[________________________________]

2. Court of Appeals district:
☐ Eastern ☐ Western ☐ Southern
Basis for district selection: [________________________________]

3. Basis of jurisdiction:
☐ Final judgment — § 512.020 RSMo; Rule 81.01
☐ Special order after final judgment — § 512.020(5)
☐ Interlocutory order (injunction/receiver) — § 512.020(2)-(4)
☐ Direct appeal to Supreme Court: [________________________________]

4. Issues to be raised on appeal (preliminary — not binding):

1. [________________________________]
2. [________________________________]
3. [________________________________]

5. Standard of review anticipated:
☐ De novo (questions of law)
☐ Murphy v. Carron (clearly erroneous) — Murphy v. Carron, 536 S.W.2d 30 (Mo. 1976) (court-tried cases: affirm unless no substantial evidence, against weight of evidence, erroneously declares or applies law)
☐ Abuse of discretion (discretionary rulings)
☐ Substantial evidence (administrative appeals)
☐ Mixed

6. Type of trial court proceeding:
☐ Jury trial
☐ Court (bench) trial
☐ Summary judgment
☐ Default judgment
☐ Hearing on post-judgment motion
☐ Other: [________________________________]

7. Prior appeals or related cases:
☐ None
☐ Yes: [________________________________]

8. Estimated record length: [________] pages; transcript estimated at [________] pages

9. Will oral argument be requested? ☐ Yes ☐ No

PART XI — FILING FEE CERTIFICATION (Rule 81.15)

The docket fee for an appeal to the Missouri Court of Appeals is set by statute (§ 483.082 RSMo) and must be paid at the time of filing in the Circuit Court. The fee is paid to the Circuit Court clerk, who then transmits it.

☐ Appellant has paid the required docket fee of $[________________] to the Clerk of the Circuit Court of [________________________________] County.
☐ Appellant has filed an application to proceed in forma pauperis pursuant to Rule 77.07 and requests waiver of the docket fee.
☐ Appellant is a state agency/governmental entity exempt from fees (specify: [________________________________]).

Method of Payment:
☐ Show-Me Courts / Missouri eFiling — electronic payment
☐ Check or money order payable to Clerk, Circuit Court of [________________________________] County
☐ Cash (in person at clerk's office)

PART XII — SIGNATURE BLOCK

Respectfully submitted this [____] day of [________________], 20[____].

[________________________________] (Law Firm)

___________________________________________
[________________________________]
Missouri Bar No. [________]
[________________________________]
[________________________________], Missouri [________]
Tel.: ([____]) [____]-[________]
Email: [________________________________]
Attorney for Appellant, [________________________________]

PART XIII — CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF APPEAL (together with a copy of the judgment/order appealed, as required by Rule 81.08) was served upon all counsel of record and unrepresented parties, and filed with the Clerk of the Circuit Court, by the method(s) indicated:

Respondent's Counsel:
[________________________________]
[________________________________]
[________________________________], Missouri [________]
Email: [________________________________]

Additional Parties / Counsel:
[________________________________]
[________________________________]

Method of Service:
☐ Show-Me Courts (Missouri eFiling System) — electronic service
☐ Email (by written consent of recipient)
☐ U.S. Mail, First Class, postage prepaid
☐ Hand delivery / personal service

Circuit Court Clerk:
Clerk of the Circuit Court of [________________________________] County, Missouri
[________________________________], Missouri [________]

☐ Filed with clerk via Show-Me Courts (e-filing)
☐ Filed with clerk in person / by mail

___________________________________________
[________________________________]
Attorney for Appellant

PART XIV — DEADLINE CALCULATION GUIDE

Understanding Missouri's Two-Step Finality Rule

Missouri's 10-day appeal deadline does not run from the date of the judgment itself — it runs from the date the judgment becomes final under Rule 81.05, which is typically 30 days after entry (or disposition of after-trial motions). This is a frequent trap for practitioners.

After-Trial Motions That Affect Finality (Rule 81.05)

Cross-Appeal Deadline

Premature Notice of Appeal

A Notice of Appeal filed before the judgment becomes final is treated as filed on the date the judgment becomes final. Rule 81.04(c). This is a useful safety provision — but it is better practice to file after finality to avoid any ambiguity.

Late Notice of Appeal

A party may seek leave to file a late Notice of Appeal within 6 months of the final judgment for good cause shown. Rule 81.07. The trial court has discretion.

PART XV — POST-FILING CHECKLIST

At filing:
☐ Attach a copy of the judgment/order appealed from to the Notice of Appeal (required by Rule 81.08)
☐ Pay docket fee (or file in forma pauperis motion)
☐ File with Clerk of Circuit Court (not Court of Appeals)
☐ Serve all parties simultaneously
☐ Obtain file-stamped copy from clerk
☐ Calendar 10-day cross-appeal window for opposing parties

Immediately after filing:
☐ Order transcripts from court reporter (Rule 81.12(e))
☐ Make financial arrangements with court reporter
☐ Serve transcript order on Respondent
☐ Evaluate need for stay / supersedeas bond (Rule 81.09)

After Circuit Court transmits record to Court of Appeals:
☐ Confirm Court of Appeals docket number and district
☐ Enter appearance in Court of Appeals
☐ Pay any additional Court of Appeals fees
☐ File docketing statement / case information form per Court of Appeals requirements
☐ Track briefing schedule

Ongoing:
☐ Review legal file (record) for completeness; request corrections
☐ Review transcript for errors; request corrections
☐ Consider mediation / settlement conference if offered by Court of Appeals
☐ Prepare appellant's brief per Rule 84.04

PART XVI — PRACTITIONER NOTES

Shortest Civil Deadline (10 Days): Missouri's 10-day appeal deadline is one of the shortest in the United States. It does not run from the judgment date — it runs from the date the judgment becomes final under Rule 81.05, which is ordinarily 30 days after judgment entry (absent after-trial motions). Practitioners must calendar both dates: the 30-day finality date and the 10-day appeal window after finality.

"Appellant" and "Respondent": Missouri uses "Appellant" and "Respondent" (not "Appellee") for the appealing and responding parties in the Court of Appeals.

Three Districts of the Missouri Court of Appeals:

• Eastern District: Covers eastern Missouri, primarily St. Louis City and County and surrounding areas. Located in St. Louis.
• Western District: Covers western Missouri, including Kansas City and Jackson County, plus Cole County (Jefferson City — most state agency cases). Located in Kansas City.
• Southern District: Covers southern Missouri including Springfield, Joplin, and Cape Girardeau areas. Located in Springfield.

Supreme Court of Missouri Direct Appeal: Under Art. V, §3 of the Missouri Constitution, the Supreme Court has exclusive appellate jurisdiction over: (1) cases where a state statute is challenged as unconstitutional; (2) cases involving the validity or construction of a state revenue law; (3) Title to real estate; (4) cases where the punishment is death or life imprisonment; (5) certain election contest cases. All other cases go first to the Court of Appeals.

Where to File: The Notice of Appeal is filed in the Circuit Court (trial court), not the Court of Appeals. The circuit clerk transmits the record to the applicable Court of Appeals district. Docket fees are paid to the circuit clerk.

Show-Me Courts: Missouri's electronic filing system for circuit courts. Many counties require or accept e-filing. Verify local e-filing requirements before filing.

Legal File (Not "Record on Appeal"): Missouri calls the compiled trial court record the "legal file" (Rule 81.12(a)), not the "record on appeal." The legal file and transcript together constitute the "record on appeal."

Murphy v. Carron Standard: For court-tried civil cases, the standard of review is from Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976): the judgment will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. This is highly deferential.

Preserving Error: Points on appeal must be preserved below through specific, timely objections and a timely after-trial motion. Rule 84.13(a). Plain error review (Rule 84.13(c)) is available for manifest injustice but is rarely granted in civil cases.

Sources and References:

• Missouri Courts (Rules): https://www.courts.mo.gov/page.jsp?id=200301
• Rule 81 — Appeals: https://www.courts.mo.gov/page.jsp?id=200301
• Missouri Court of Appeals, Western District Quick Guide: https://www.courts.mo.gov/file.jsp?id=135462
• Missouri Courts eFiling (Show-Me Courts): https://www.courts.mo.gov/casenet
• § 512.020 RSMo: https://revisor.mo.gov
• Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976)