Chapter 3 The Record on Appeal

• Library: Missouri Appellate Practice (2018 Ed.)

Chapter 3 The Record on Appeal

A. Generally

B. Transcripts

C. Legal Files

1. System-Generated Legal Files

2. Traditional Legal Files

3. Contents

4. Filing

5. Service

D. Exhibits

A. Generally

“The record on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented, by either appellant or respondent, to the appellate court for decision. It is divided into two components: the legal file and the transcript.” Rule 81.12(a); Rule 30.04(a).

B. Transcripts

In civil appeals, the appellant is required to order the transcript, in writing, from either the reporter or the clerk of the trial court if the proceedings were electronically recorded. Rule 81.12(c)(1). The time for paying for the transcript is governed by statute. Id.; § 512.050, RSMo 2016. The recommended procedure is to include a request for an estimate of the charges for preparation of the transcript in the written order for the transcript. Payment of the estimated charges is due within ten days of the written notice of the estimated charges. Section 512.050. A transcript certificate stating the date the transcript was ordered and the date the charges were paid must be filed with the appellate court within ten days after payment of the charges. Rule 81.12(c)(1).

An appellant in a criminal appeal must order the transcript in writing within 30 days after the notice of appeal was filed. Rule 30.04(c)(1). A copy of the written order must be filed with the appellate court. Id. The form, content, and filing of the transcript are the same as in civil appeals, except that a copy of the transcript must be filed with the clerk of the trial court. Rule 30.04(c)(2).

The transcript should contain all the proceedings and evidence needed to determine the issues on appeal that were not previously reduced to written form. Rule 81.12(c)(2).

The transcript is required to be in text-searchable PDF format. Rule 81.12(c)(4). The electronic versions of the transcript must be formatted one page per sheet. E.D. Spec. R. 336; W.D. Spec. R. XII(C).

The transcript must be filed electronically. The record on appeal is due 90 days after the notice of appeal was filed in the trial court in appeals involving a transcript. Rule 81.19(b).

Both the Eastern District and the Western District require one paper copy of the transcript to be filed within five days after the transcript was electronically filed. E.D. Spec. R. 333(b); W.D. Spec. R. XII(B). The paper copy of the transcript must be in page reduction format. E.D. Spec. R. 336; W.D. Spec. R. XII(C).

C. Legal Files

1. System-Generated Legal Files

The amendments to the rules effective January 1, 2018, direct that the electronic filing system allow for the creation of a system-generated legal file. Court Operating Rule 27.04(a). The new system was piloted during December 2017 and was deployed statewide January 1, 2018. “If the electronic filing system permits creation of a system-generated legal file as provided in Rule 81.12(b)(1) and Court Operating Rule 27.04, that method shall be used.” Rule 81.12(b) (emphasis added). Consequently, practitioners are required to use the system-generated legal file for all legal files filed after January 1, 2018.

An Attorney Quick Reference Guide regarding the system-generated legal file is currently available on the Missouri Courts website at www.courts.mo.gov/page.jsp?id=46542.

A system-generated legal file is created

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