Section 2.11 Rule 75.01 and the Trial Court’s Control Over the Judgment

• Library: App Ct Prac 2015 Supp

2. (§2.11) Rule 75.01 and the Trial Court’s Control Over the Judgment

Rule: A judgment is not final for purposes of appeal until 30 days after its entry. During that period, the trial court retains complete control of the judgment and may vacate, modify, or alter it upon proper notice to the parties.

Rule 75.01 vests complete control in the trial court over its judgments for 30 days after entry of the judgment. During that time, the trial court may vacate, reopen, correct, amend, or modify its judgment, or it may grant a new trial to either party. The trial court may act in accordance with motion by either party or on its own motion. In either event, the trial court must afford the parties notice and an opportunity to be heard before the court takes any action. After 30 days, the trial court no longer has jurisdiction of the judgment unless a timely posttrial motion is filed. See §§2.12 and 2.13, infra.

Rule 75.01 permits the trial court to correct mistakes in its original judgment, and thus to forestall or simplify further litigation at the appellate level. Bell v. Garcia, 639 S.W.2d 185, 189 (Mo. App. E.D. 1982). In practice, the rule is simple. If there are no posttrial motions, the judgment becomes final 30 days after its entry. The notice of appeal is due within 10 days after that. Absent a posttrial motion, the notice of appeal must be filed within 40 days of the entry of the judgment. See §§2.12 and 2.13 below for a discussion of the effect of posttrial motions on the timing of the appeal.

Rule 75.01 does present three areas of possible confusion. First, Rule 75.01 only applies to judgments that are otherwise final. Bell, 639 S.W.2d at 188–89. For example, under § 512.020, RSMo 2000, an order...