§ 81.07 When Party May Appeal After Time for Filing of Notice Has Expired

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 81 > 81.07

81.07. When Party May Appeal After Time for Filing of Notice Has Expired

    (a) Appeal by Special Order--Motion--Notice. When an appeal is permitted by law from a judgment in the trial court, but the time prescribed for filing an ordinary notice of appeal with the clerk of the trial court as set forth in Rule 81.04 has expired, a party may seek a special order of the appropriate appellate court permitting a late filing of the notice of appeal. The special order may be allowed by the appellate court only upon motion with notice to the adverse parties filed within six months from the date the judgment appealed from became final for purposes of appeal and only upon a showing by affidavit, or otherwise, that the delay was not due to appellant's culpable negligence. A copy of the judgment from which the appeal is sought shall be attached to any such motion. When notified of the issuance of a special order by the appellate court, the clerk of the trial court in which the judgment was entered shall permit the appellant to file a notice of appeal within ten days after such notification, or such other time as specified in the order, and the appellant shall then proceed to prepare the record on appeal as if the appeal had been allowed without a special order.

    (b) Power to Issue Stay--Supersedeas in Special Appeals. When an appeal is taken after a special order, the power to issue a stay is lodged exclusively in the appellate court, which may in its discretion decline to issue a stay, issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, or remand to the trial court for a determination as to whether a stay should be issued and to the amount of the bond. The supersedeas shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial court and appellate court. If a final judgment in the trial court is reversed or modified by the appellate court such reversal or modification shall not affect the rights of any person, not a party to such suit, acquired in good faith after expiration of the time prescribed for taking an appeal without a special order, but before the filing of notice of appeal by special order.