II. NOTICE OF APPEAL

 

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 10 days after the judgment becomes final. Rules 30.01(d) and 81.04(a). 

In a civil case, any party filing a notice of appeal in the trial court shall serve a copy of the notice of appeal on all other parties to the judgment pursuant to Rule 43.01.  The clerk of the trial court also shall serve the notice of appeal, and any jurisdictional statement filed in the circuit court, on all parties to the judgment other than the party or parties taking the appeal.  81.08(d).
In a criminal case, the clerk of the trial court shall give notice of the filing of the notice of appeal and shall mail the notice of appeal and any jurisdictional statement to the appellate court. Rule 30.01(h).    

1. Notice of Appeal Form

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). 

 

The notice of appeal must specify:

The parties taking the appeal,

The judgment or order appealed from, and

The court to which the appeal is taken.

           

Information Form

In a civil case:  Appellant must file a Civil Case Information Form Supplement.  Western District Special Rule XIV.  Western District Form 1.
 

In a criminal case: Appellant must file the Criminal Case Information Form. Western District Special Rule XIV.  Western District Form 2.  The Appellant must also file a copy of an appeal bond if Appellant has been released on bond pending appeal.

 

            3.  Copy of Judgment

 

4.  Docket Fee – If Required   

                        No trial court clerk shall accept or file a notice of appeal unless:

(1) A docket fee of $70.00 is paid,

(2) A party is not required by law to pay the fee; or

(3) An order permitting the appellant to prosecute the appeal in forma pauperis accompanies the notice of appeal. Rules 81.04(d), 30.01(d); See also § 488.031.

 

             
B. CROSS-APPEAL
If a notice of appeal is timely filed by a party, any other party may file a notice of appeal within 10 days of the date the first of notice of appeal was filed. Rule 81.04(b).

(The Court generally consolidates all appeals arising from the same circuit court judgment into one case for judicial efficiency. Any party by motion may request that appeals be consolidated.)

C. LATE NOTICE OF APPEAL
If a party fails to file a timely notice of appeal, a party may seek leave from the Court of Appeals to file a late notice of appeal.  To seek leave, a party must file with the Clerk of the Court of Appeals a written motion for special order permitting a late notice of appeal.  Leave to file a late notice of appeal can be filed:

Civil – within 6 months from the date the judgment became final.  The Court of Appeals may issue a special order only upon motion, with notice to the adverse parties, and a showing by affidavit or otherwise that the delay was not due to the appellant's culpable negligence. 81.07(a).

Criminal – within 12 months after the judgment becomes final, including post-conviction proceedings.  The Court of Appeals may issue a special order in its discretion "for good cause shown." Rule 30.03.
 

In either case, a copy of the final judgment from which the appeal is sought shall be attached to the motion.  When a special order is granted, the clerk of the trial court shall permit the appellant to file a notice of appeal within the time specified by the appellate court. Rules 30.03 and 81.07(a). The notice of appeal should not be filed with the trial court until after the appellate court has granted the motion. If a notice of appeal has been previously filed, it is still necessary to file a new notice of appeal.

D. INTERLOCUTORY APPEALS BY STATE
Pursuant to § 547.200, the State may appeal from an order: quashing an arrest warrant, suppressing evidence, suppressing a confession or admission, or from an order that the accused lacks mental capacity or fitness to proceed. The notice of appeal must be filed in the trial court within 5 days of the entry of the order.  § 547.200.4; See also Rule 44.01(a).  The filing of the record on appeal and the briefing cycle are expedited. Rule 30.02.

E. SPECIAL TIME LIMITS FOR NOTICE OF APPEAL
           

Workers’ Compensation cases - Notice of appeal must be filed within 30 days of the date of the Commission’s decision. § 287.495.1; See also §287.480.1

Unemployment cases - Commission decision becomes final 10 days after the date of notification or mailing of the decision to the parties.  § 288.200.2.  Notice of appeal must be filed within 20 days of finality. § 288.210.  See also § 288.240.

 

Juvenile Matters  - Notice of appeal must be filed within 30 days after final judgment.  § 211.261

Termination of Parental Rights - Notice of appeal must be filed within 30 days after final judgment.  § 211.261.