Chapter 1 Introduction

• Library: Missouri Appellate Practice (2018 Ed.)

Chapter 1 Introduction

A. Introduction

B. Civil vs. Criminal Appeals

C. Timeline for Appeals

D. General Provisions Governing Appellate Documents

1. Formatting

2. Filing

3. Service

A. Introduction

Missouri state courts began implementing electronic filing in 2011, with all Missouri state appellate courts employing electronic filing by mid-2012. The rules governing practice in the appellate courts were extensively amended effective January 1, 2017, to make electronic filing the default method. Those amendments also made some changes to the formatting requirements for appellate briefs.

The rules were again amended effective January 1, 2018. Those amendments paved the way for a new system-generated legal file and provided the requirements for citing to the record in cases involving a system-generated legal file. The amendments also made additional changes to the formatting requirements for appellate briefs.

Consequently, it is important for practitioners to recognize that the rules governing appellate practice can and do change. Practitioners should always consult the current versions of the applicable rules when handling appeals to ensure they are complying with the current requirements.

This Guidebook is intended to provide guidance regarding the technical requirements for handling appeals in the Missouri state appellate courts. Because this Guidebook is intended for attorneys, the focus is on the rules applicable to electronic filings. Reference to some of the rules governing parties that are ineligible for electronic filing will be provided.

B. Civil vs. Criminal Appeals

The rules governing criminal appeals provide that many of the rules governing civil appeals apply. Rules 81.04 and 81.08 govern the filing of appeals after entry of a final judgment in a criminal case. Rule 30.01(a). Preparation of the record on appeal is generally governed by Rule 81.12 with some changes in the required content and the time for ordering the transcript. Rule 30.04. Exhibits are to be deposited as provided in Rule 81.16. Rule 30.05. The form and content of briefs in criminal appeals are generally the same as in civil appeals. Rule 30.06. Consequently, the focus of this Guidebook is on the rules governing civil appeals. Some references to differences in the rules governing criminal appeals will be provided.

C. Timeline for Appeals

Due dates in the appellate courts are important, and most due dates are determined by the date the preceding document was filed. The following...