Commentary: Filing the electronic record on appeal in Missouri appellate courts

Once upon a time, filing a record on appeal involved requesting certified copies of court files, numbering them with Bates stamps, and sending copies to the court of appeals. Thanks to advances in technology, many trees have been saved and the record on appeal can now be filed with a few clicks of a mouse.

The record on appeal is divided into two components — the “legal file” and the “transcript.”  Rules 30.04(a) and 81.12(a). A transcript is generally required unless the underlying case was decided without a hearing, or a transcript is not necessary to decide the appeal.  In addition, note that exhibits (discussed below), if relevant to the issues on appeal, should be submitted.

Legal File

Appellant should use the electronic system-generated legal file. Rule 81.12(b)(1)(A). It is accessed in Case.net when logged into the appellate case as the attorney of record. Once logged in, the attorney will want to make sure any underlying case numbers being appealed are included. From there, the attorney can designate the trial court documents they want included in the legal file by checking the boxes next to the documents.  For civil cases, Rule 81.12(b)(1)(C) provides a list of documents that must be included. For criminal cases, Rule 30.04(b) provides a pertinent list. In addition to the required documents, it is important to include any other documents germane to the issues raised on appeal. Rules 30.04(b) and 81.12(b)(1)(D) also provide guidance on what not to include in the record (for example, earlier versions of a petition, unless those earlier versions are relevant).

If access to the Case.net docket entries is restricted (for example, in a child custody case), a limited entry of appearance in the underlying case will be necessary. If important documents such as jury instructions or final judgments were not scanned into Case.net by the circuit court clerk, appellant should contact that clerk or file a written request that those unavailable documents be entered into the system. Rule 81.12(b)(1)(E). The deadline for filing the legal file is either 30 or 90 days, depending on whether there will be a transcript. Rules 30.04(c) and 81.19.

Transcript

If a transcript is necessary to decide the appeal, the appellant must order it, in writing, from the court reporter. If the proceedings were electronically recorded but there was no court reporter, appellant must order the transcript from the clerk. Rules 30.04(c)(1) and 81.12(c)(1). Once received, the transcript must be e-filed in a text searchable PDF format per Rules 30.04(c) and 81.12(c).

The transcript must be filed with the appellate court within 90 days from the date of filing the notice of appeal. Rules 30.04(c); 81.12(d); and 81.19(b). There are additional rules for special actions such as interlocutory appeals filed by the state.  Rule 30.02(b). The attorney should also check the websites of Missouri’s Eastern District, Southern District, or Western District for their local rules depending on which court the appeal is filed in. For example, in the Eastern District, if the transcript will be delayed, Local Rule 340 requires the court reporter to provide a written statement in support of the request.

The legal file may be completed any date after the appellate case number is initiated so long as the transcript is submitted within the 90-day deadline.  However, in cases involving a transcript, the record on appeal is not complete until both the legal file and transcript are submitted.

Supplemental Records

Appellant may (depending on how far along the appeal has gone) file a motion accompanied by a subsequent system-generated legal file or transcript if additional records need to be included.  Rules 30.04(d); 81.12(e); and 85.15.  If respondent is dissatisfied with appellant’s record on appeal, respondent, may, up until the time for filing its brief, file such additional parts of the record on appeal as respondent considers necessary.  Rules 30.04(d) and 81.12(e).

Exhibits

Appellant is responsible for depositing in the appellate court all original exhibits that are necessary for the determination of any point relied on. Rule 81.16(a). Any exhibits not timely deposited may be considered as immaterial to the issues on appeal.  Rules 30.05 and 81.16(d). More information on the timelines for filing exhibits can be found in Rules 30.05 and 81.16.  Note that if you wish to submit any exhibits electronically, additional rules apply and you generally cannot, as a matter of right, submit exhibits in that format.  In addition, you cannot add exhibits to the appendix without filing them first.

By timely requesting the transcript, ensuring the necessary documents are scanned into the record by the clerk, and locating the original exhibits, you will be ready to timely file the record on appeal.