Missouri Notice of Appeal
Missouri's 10-day filing window does not start at entry of judgment; it starts only once the judgment becomes final under a separate rule, and any party aggrieved by a small claims judgment, other than a judgment by consent, may ask for a full new trial instead of an appeal.
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Introduction
In Missouri, a notice of appeal from a final civil judgment is due within 10 days, but that 10-day clock does not start at entry of judgment. It starts only when the judgment becomes final for purposes of appeal, a separate event defined by Missouri Supreme Court Rule 81.05(a)(1): a judgment becomes final at the expiration of 30 days after its entry if no timely authorized after-trial motion is filed, so the practical floor, absent post-trial motions, is about 40 days after entry, 30 days to finality plus the 10-day filing window (Mo. Sup. Ct. R. 81.04(a); R. 81.05(a)(1)). If a party timely files an authorized after-trial motion, such as a motion for new trial or a motion to amend the judgment, Rule 81.05(a)(2) delays finality to the earlier of (A) 90 days from the date the last timely motion was filed, when all motions not yet ruled are deemed overruled, or (B) if all motions have been ruled, the later of the date of ruling on the last motion or 30 days after entry; the 10-day notice-of-appeal clock then runs from that finality date. Once the 10-day window passes, the deadline generally cannot be extended. The narrow exception is Rule 81.07(a): a party who missed the ordinary deadline may ask the appellate court for a special order permitting a late notice, but only by motion filed within six months from the date the judgment became final, showing the delay was not due to the appellant's culpable negligence; if granted, the trial court clerk must then allow the notice to be filed within 10 days of notification of the special order. The notice is filed with the clerk of the trial court, the circuit court or, where a record was kept, the associate circuit court that entered the judgment, not the appellate court (Rule 81.04(a)), and generally goes to the Missouri Court of Appeals. Rule 81.04(a) requires the notice to use the applicable version of Civil Procedure Form No. 8; for a civil appeal to the Court of Appeals, that is Form No. 8-A(2), and the court's form controls. The appellant does not have to personally serve the notice on the other parties for the appeal to be effective: the trial court clerk transmits a copy to the appellate court clerk and notifies the other parties, though failing to do so does not affect the appeal's validity (Rule 81.04(g)). Filing requires a $70 appellate court docket fee (Rule 81.04(d); confirm the current fee with the clerk), or a motion to prosecute the appeal in forma pauperis in its place; no cost bond is required to perfect the appeal itself. Filing the notice does not by itself stay execution of the judgment: Rule 81.09(a) stays execution automatically only for specific appellants, such as an executor, administrator, personal representative, conservator, guardian, or curator, where the action is by or against the appellant in that capacity, or a county, city, town, township, school district, or other municipality, and any other appellant must present a supersedeas bond for the trial court's approval at or before filing the notice (or under a court order allowing up to 30 days to file it) to stop collection. Associate circuit cases tried before a municipal court or under chapter 535 (landlord-tenant) go by trial de novo, not notice of appeal (RSMo 512.180.1). A small claims judgment is not appealed by notice of appeal at all: any party aggrieved by the judgment, except a judgment by consent, may instead file an application for trial de novo with the clerk of the same small claims court within 10 days after the judgment is rendered, getting a brand-new trial in the associate circuit court rather than a record-based appeal (RSMo 482.365.2). This page covers a civil appeal from a final trial court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due within 10 days, but that clock starts only when the judgment becomes final, not at entry. Rule 81.05(a)(1) sets finality at 30 days after entry if no timely authorized after-trial motion is filed, so the floor is about 40 days after entry; a timely after-trial motion, such as a motion for new trial or a motion to amend the judgment, delays finality under Rule 81.05(a)(2) to the earlier of (A) 90 days from the date the last timely motion was filed, or (B) if all motions have been ruled, the later of the date of ruling on the last motion or 30 days after entry (Mo. Sup. Ct. R. 81.04(a); R. 81.05(a)(1)-(2)).
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The deadline generally cannot be extended. The only exception is Rule 81.07(a): the appellate court may issue a special order permitting a late notice, but only on a motion filed within six months from the date the judgment became final, showing the delay was not due to the appellant's culpable negligence; if granted, the notice must then be filed within 10 days of notification of the order.
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File the notice with the clerk of the trial court, the circuit court or, where a record was kept, the associate circuit court that entered the judgment, not the appellate court (Rule 81.04(a)). An ordinary civil appeal generally goes to the Missouri Court of Appeals. Municipal court, chapter 535 landlord-tenant, and small claims cases go by trial de novo instead (RSMo 512.180.1).
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Rule 81.04(a) requires the notice to use the applicable version of Civil Procedure Form No. 8. For a civil appeal to the Court of Appeals, that is Civil Procedure Form No. 8-A(2), and the court's form controls; it must specify the parties taking the appeal, the judgment or order appealed from, and the court appealed to.
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You do not have to personally serve the notice on the other parties for the appeal to be effective. The trial court clerk transmits a copy to the appellate court clerk and notifies the other parties, though failing to do so does not affect the appeal's validity (Rule 81.04(g)).
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Filing requires a $70 appellate court docket fee (Rule 81.04(d); confirm the current fee with the clerk), or a motion to prosecute the appeal in forma pauperis in its place. Filing the notice does not by itself stay execution of the judgment: Rule 81.09(a) stays execution automatically only for specific appellants, such as an executor or administrator where the action is by or against the appellant in that capacity, or a county, city, town, township, or school district; any other appellant must present a supersedeas bond for the trial court's approval at or before filing the notice (or under a court order allowing up to 30 days to file it) to stop collection.
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A small claims judgment is not appealed by notice of appeal. Any party aggrieved by the judgment, except a judgment by consent, may file an application for trial de novo with the clerk of the same small claims court within 10 days after the judgment is rendered, getting a brand-new trial in the associate circuit court rather than a record-based appeal (RSMo 482.365.2).
Key decisions before you file
Before you file a Notice of Appeal in Missouri, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Missouri Requirements for Notice of Appeal
10-Day Deadline Runs From Finality, Not Entry
The notice of appeal must be filed within 10 days after the judgment becomes final, not 10 days after entry. Rule 81.05(a)(1) sets finality at 30 days after entry if no timely authorized after-trial motion is filed (Mo. Sup. Ct. R. 81.04(a); R. 81.05(a)(1)).
Post-Trial Motions Delay Finality
A timely authorized after-trial motion delays finality to the earlier of (A) 90 days from the date the last timely motion was filed, when unruled motions are deemed overruled, or (B) if all motions have been ruled, the later of the date of ruling on the last motion or 30 days after entry; the 10-day clock then runs from that date (Mo. Sup. Ct. R. 81.05(a)(2)).
Narrow Rule 81.07 Late-Filing Special Order
A party who misses the deadline may ask the appellate court for a special order permitting a late notice, but only by motion filed within six months from the date the judgment became final, showing the delay was not due to the appellant's culpable negligence (Mo. Sup. Ct. R. 81.07(a)).
Filed With the Trial Court Clerk
The notice of appeal is filed with the clerk of the trial court, the circuit court or, where a record was kept, the associate circuit court that entered the judgment, not the appellate court (Mo. Sup. Ct. R. 81.04(a)).
Official Civil Procedure Form No. 8-A(2)
Rule 81.04(a) requires the notice to use the applicable version of Civil Procedure Form No. 8; Form No. 8-A(2) is the version for a civil appeal to the Missouri Court of Appeals, and the court's form controls (Mo. Sup. Ct. R. 81.04(a)).
Required Notice Contents
The notice must specify the parties taking the appeal, the judgment, decree, or order appealed from, and the court to which the appeal is taken (Mo. Sup. Ct. R. 81.04(a)).
$70 Docket Fee or Fee Waiver
Filing requires a $70 appellate court docket fee (Mo. Sup. Ct. R. 81.04(d); confirm the current fee with the clerk), or a motion to prosecute the appeal in forma pauperis in its place. No cost bond is required to perfect the appeal itself.
No Stay Without a Supersedeas Bond
Filing the notice does not by itself stay execution of the judgment. Rule 81.09(a) stays execution automatically only for specific appellants, such as an executor or administrator where the action is by or against the appellant in that capacity, or a county, city, town, township, or school district; any other appellant must present a supersedeas bond for the trial court's approval at or before filing the notice (or under a court order allowing up to 30 days to file it) to stop collection.
Small Claims Uses a Trial De Novo, Not an Appeal
A small claims judgment is not appealed by notice of appeal. Any party aggrieved by the judgment, except a judgment by consent, may file an application for trial de novo with the clerk of the same small claims court within 10 days after the judgment is rendered, getting a brand-new trial in the associate circuit court (RSMo 482.365.2).