Chapter 5 Motions

• Library: Missouri Appellate Practice (2018 Ed.)

Chapter 5 Motions

A. Generally

B. Extending Time for Filing the Record

C. Extending Time for Filing Briefs

D. Attorney Fees

A. Generally

Motions must, of course, be signed. Rule 84.01(a). An electronically filed document may be signed by an original signature, a stamped signature, a graphic representation of a signature, or as follows: /s/ John or Jane Person. Rule 103.04(d).

Suggestions in opposition are generally due five days after service of the motion. Rule 84.01(b). Motions are not argued unless ordered by the court. Id.

These provisions apply to both civil and criminal appeals. Rule 30.10.

B. Extending Time for Filing the Record

The appellate court can enlarge or shorten the time for filing the record on appeal. Rule 81.20. The Southern District of the Court of Appeals requires that all motions for extension of time to file the record on appeal be verified and state good cause for granting the motion. S.D. Spec. R. 3(a).

If the...