Legal Question in Appeals and Writs in Missouri

Re: filing appeals

The answer depends on whether you are appealing a civil judgment in circuit or associate circuit court of a small claims court judgment. A SCC judgment is appealed to the Circuit Court for trial de novo. You are usually notified of the date of the hearing.

A formal appeal from a circuit or associate circuit judgment begins with a filing of a notice of appeal. The person filing the appeal must also copy the legal file (a copy of all the relevant portions of the record before the trial court) and get a copy of the transcript. These must be done within the time limits set by the rules. Once the record and transcript are on file, then the next step is to file a brief. The other side will respond to your brief, and then you can file a reply brief. The briefing rules are very technical and failure to abide by them results in the court not adjudicating the appeal or dismissing it.

An appeal is a very technical process that demands a great deal of attention to detail. Even experienced lawyers sometimes make fatal errors. For this reason, if you have to appeal something, it is always wise to get an attorney to do it for you.