Section 2.12 Effect of Posttrial Motions in Jury Cases

• Library: App Ct Prac 2015 Supp

3. (§2.12) Effect of Posttrial Motions in Jury Cases

Rule: A timely posttrial motion in a jury case postpones finality for 90 days after the motion is filed or until the trial court decides the motion, whichever is earlier. A notice of appeal must be filed within 10 days thereafter.

Rule 78.07 requires a timely motion for new trial to preserve virtually all allegations of error in a jury-tried case. As a practical matter, therefore, counsel will file a motion for new trial in virtually all jury cases in which counsel anticipates an appeal. Under Rule 78.04, such a motion is timely if filed within 30 days after entry of judgment. The trial court does not have authority to extend this time. Carson v. Brands, 7 S.W.3d 576, 579 n.6 (Mo. App. S.D. 1999).

Under current practice, that date is not necessarily the date of the verdict. If a party files a posttrial motion before formal judgment is rendered, the motion is “deemed filed immediately after judgment became final,” and the 90-day period is calculated accordingly. Trimble v. Pracna, 51 S.W.3d 481, 492 (Mo. App. S.D. 2001).

Under Rule 81.05(a), a timely motion for new trial extends the time at which the judgment becomes final for purposes of appeal. The judgment is final 90 days after the motion is filed, or when the trial court decides it, whichever is earlier. A notice of appeal must be filed within 10 days thereafter.

Rule 81.05(a)...