Appealing a Missouri Judgment
This article describes the process for appealing a Missouri judgment. It does not describe how to appeal judgments from a small claims court or associate Circuit Court. Nor does it cover appeals to the Missouri Supreme Court. The procedures described in this article are also general in nature, apply only to circuit court judgments, and might not in all ways apply to your ruling. Therefore, you should consult an experienced attorney for advice on your appeal.
Generally, a circuit court judgment is appealable only if it is final. A circuit court judgment generally becomes final 30 days after it is signed by the judge, but only if the judgement disposes of all of the claims asserted in the lawsuit by all of the parties. A judgment that does not dispose of all claims might still be appealable if the judge certifies that the judgment fully resolves a “distinct judicial unit” and that there is “no just reason for delay” of an appeal.[1] Missouri courts define a judicial unit generally as a final judgment on all claims “arising out of the same transaction or occurrence.”[2]
The above post judgment 30-day period can be extended if a party files certain post-trial motions within the required time, typically within 30 days after the date of judgment. If such a motion is filed, then generally the judgment becomes final 90 days after the last such motion is filed, if the judge does not rule on the motion. If the judge rules on the motion, then generally the judgment becomes final either on the date of the ruling or 30 days after the date of the judgment, whichever is later.[3]
Notice of Appeal
The party appealing a Missouri judgment, called the appellant, must file a notice of appeal with the circuit court within 10 days after the judgment becomes final. Missouri circuit courts charge $70.00 to file a notice. The circuit court then sends the notice of appeal to the appeals court, which assigns a case number to the appeal. The appellant must then file with the appeals court the record on appeal. Such record consists of the legal file and the transcript of the trial or other proceedings. The legal file includes the relevant documents filed with the trial court. Such documents usually include the pleadings, motions, orders, and judgment relevant to the issue appealed.
The transcript is a written record of all that was said during the trial. The appellant is required to file the transcript only if the appeal involves what was said at trial. This typically includes rulings by the judge and witness testimony. The transcript must be requested within 10 days after the notice of appeal is filed. If the appellant wants to include both the legal file and the transcript, then both must be filed with the appeals court within 90 days after filing the notice of appeal. If the transcript will not be part of the record on appeal, then the legal file must be filed within 30 days after filing the notice of appeal.[4] Exhibits used at the trial may also be filed with the appeals court if they are relevant to the appeal.[5]
Briefs
The appellant must file the appellant’s brief within 60 days after the record on appeal is filed, but only if the record on appeal includes both the legal file and the transcript. If the record on appeal includes only the legal file, then appellant must file its brief within 30 days after the legal file is filed. The appellant’s brief describes the mistakes that the appellant believes that the judge made in reaching the judgment, or matters involving a jury. The party who won the judgment is called the respondent. The respondent may file a reply brief within 30 days after appellant files its brief. The appellant may then file a reply to the respondent’s brief within 15 days after the respondent’s brief is filed.[6]
Bond
Unless the appellant files a bond with the trial court, the respondent may execute on its judgment at any time during the appeal. This means that the respondent can seize the assets and money of the appellant to satisfy the judgment. The bond prevents this from occurring during the appeal. The amount of the bond is determined by the trial court judge. The appellant must file an application for a bond with the trial court judge no later than the date on which appellant files the notice of appeal.[7] The court order approving the bond will state the amount of the bond and the date by which the bond must be filed. The amount of the bond generally may not be less than the amount of the judgment, with interest, and the amount of additional losses that might be incurred by respondent during the pendency of the appeal.
A respondent who wins on appeal can take the bond money. Therefore, appellants should carefully weigh the strength of their appeal before deciding whether to post a bond. However, a bond is not required for appeal. Rather, a bond only prevents the respondent from seizing the assets and money of the appellant during the pendency of the appeal. But respondents must be careful about seizing assets during the pendency of an appeal, because the appellant might have a cause of action against such a respondent who loses on appeal.
July 1, 2024
Finally, the rules and procedures for appealing a Missouri judgment are governed by the Missouri Supreme Court’s rules of Civil Procedure. The Missouri Supreme Court recently revised many of those rules and procedures, which go into effect on July 1, 2024. Therefore, much of the information provided in this article may become obsolete on that date.
This article is for general informational purposes only, it is not intended as legal advice, and the information provided in this article may not apply to your particular circumstances. Therefore, you should not rely on the information provided in this article when appealing a Missouri judgment. Instead, you should consult an attorney experienced in the Missouri appeals process for advice and guidance on your particular matter.
Michael John Sewell provides representation in real estate and business law matters. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.
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[1] Davis v. Shaw, 306 SW 3d 628 (Mo. App. 2010).
[2] Bannister v. Pulaski Financial Corp., 255 S.W.3d 538, 541 (Mo. App. 2008).
[3] 81.05
[4] 81.19
[5] 81.16
[6] 84.05
[7] 81.09
