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Rule 100.02 – Review in Appellate Courts

May 13, 2021 | Civil Procedure, Missouri

(a)Designation of Parties. The party filing the petition for review or notice of appeal shall be known as the appellant and the adverse party as the respondent.
(b)Docket Fee. A docket fee in the amount specified in Rule 81.04(d) is required. It shall be deposited with the clerk of the appellate court at the time of filing a petition for review under section 621.189, RSMo, and with the commission at the time of filing a notice of appeal under section 287.495 or 288.210, RSMo. No petition for review shall be accepted and filed by the clerk of the appellate court and no notice of appeal shall be accepted and filed by the commission unless the docket fee is deposited therewith. If a petition for review or notice of appeal is accepted without timely payment, the petition may be dismissed.
(c) Petition for Review and Notice of Appeal-Contents. The petition for review or notice of appeal shall specify the party seeking review, the decision sought to be reviewed, and a concise statement of the grounds on which jurisdiction is invoked.
(d)Petition for Review and Notice of Appeal-Service and Return. At the time of filing the petition for review or notice of appeal, the appellant shall serve a copy thereof on each party of record and the agency, when it is a petition for review under section 621.189, RSMo. Proof of service shall be filed in the appellate court in cases instituted by petition for review and with the agency in cases instituted by notice of appeal.
(e)Record-Contents.

(1) The record shall consist of:

(A) a transcript of the testimony;
(B) exhibits and relevant papers;
(C) rulings, orders, decisions, findings of fact and conclusions of law issued by the agency.

Except as otherwise provided for in this Rule 100.02, the record shall be assembled, indexed and the pages numbered as provided in Rules 81.12, and 81.18

.

(f)Record-Certification. The transcript shall be certified by the agency reporter as true and accurate. The record shall be prepared and certified by the agency as being true, accurate and complete.
(g)Record-Filing. The appellant shall file the record with the appellate court within ninety days after the filing of the petition for review or notice of appeal. The appellate court, either on application or on its own motion, may enlarge or shorten the time for filing the record.
(h)Record-Service. At the time of filing the record the appellant shall give all parties notice of the filing and an index of the items filed.
(i)Briefs and Motions. The form, contents, filing and service of briefs and motions shall be as provided in Rule 84.

Mo. R. Civ. P. 100.02

Adopted June 24, 1982, effective January 1, 1983. Amended September 10, 1982, effective January 1, 1983. Amended June 1, 1993, effective January 1, 1994. Amended May 27, 1999, effective January 1, 2000. Amended April 21, 2005, effective January 1, 2006; amended December 27, 2016, effective July 1, 2017.