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Rule 81.04 – Appeals, When and How Taken-Cross Appeals-Docket Fees

May 13, 2021 | Civil Procedure, Missouri

(a) Filing the Notice of Appeal. If an appeal is permitted by law from a trial court, a party may appeal from a judgment, decree, or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment, decree, or order appealed from becomes final.

The notice of appeal shall specify the parties taking the appeal, the judgment, decree, or order appealed from, and the court to which the appeal is taken. For this purpose, the appellant shall use the relevant version of Civil Procedure Form No. 8, as the case may be.

(b) Style of Case. The party appealing shall be known as the appellant and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal.
(c) Cross Appeals. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within ten days of the date the first notice of appeal was filed.
(d) Docket Fees. The appellate court docket fee, including all surcharges, is $70.
(e) Presenting Notice of Appeal to Clerk. The trial court clerk shall note the date a notice of appeal was received if it is accompanied by:

(1) The docket fee; or
(2) A statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or
(3) A motion to prosecute the appeal in forma pauperis.
(f) Date Notice of Appeal is Filed. A notice of appeal received by the trial court clerk with a docket fee or with a statement demonstrating no docket fee is required is deemed filed on the date the clerk receives it.

A notice of appeal received with a motion to prosecute the appeal in forma pauperis is deemed filed on the date the notice is received if the motion to prosecute the appeal in forma pauperis is granted. If the motion is not granted and the time for filing the notice of appeal has not expired, a notice of appeal with a docket fee or with a statement demonstrating no docket fee is required may be presented to the clerk and shall be treated as though no motion to prosecute the appeal in forma pauperis was filed.

(g) Trial Court Clerk’s Duty to Notify. The clerk shall transmit to the appellate court clerk a copy of the notice of appeal and all attached documents, including any jurisdictional statement required by 81.08. The clerk shall give notice of the transmittal of the notice of appeal to all parties, but the failure to do so does not affect the validity of the appeal.
(h) Class Action Certification Appeal. Petitions to appeal an order granting or denying class action certification shall be filed as provided in Rule 84.035.

Link to pdf version of Form 8-A(1) effective 07-01-19

Link to pdf version of Form 8-A(2) effective 07-01-19

Link to pdf version of Form 8-A(3) effective 07-01-19.

Mo. R. Civ. P. 81.04

Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979; June 23, 1982, effective August 13, 1982. Amended June 23, 1982, effective August 13, 1982. Amended June 23, 1987, effective January 1, 1988. Amended June 1, 1993, effective January 1, 1994. Amended May 26, 2000, effective January 1, 2001. Amended December 23, 2003, effective July 1, 2004. Amended June 17, 2004, effective January 1, 2005. Amended June 21, 2005, effective January 1, 2006. Amended December 20, 2005, eff. July 1, 2006. Amended June 28, 2011, effective January 1, 2012; repealed and readopted May 19, 2016, eff. Jan. 1, 2017; amended April 2, 2019, effective July 1, 2019.