§ 81.08 Notice of Appeal--Contents--Jurisdictional Statement Required--Trial Court Clerk to Notify, Whom

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81.08. Notice of Appeal--Contents--Jurisdictional Statement Required--Trial Court Clerk to Notify, Whom

    (a) Notice of Appeal. The notice of appeal shall specify the parties taking the appeal, the judgment or order appealed from, the court to which the appeal is taken, and if the appeal is to this Court, the ground or grounds on which jurisdiction of this Court is based. For this purpose, appellant shall use Civil Procedure Form 8-A, 8-B, or 8-C, as the case may be.

    (b) Jurisdictional Statement. If the appeal is to the Supreme Court the appellant shall file with the clerk of the trial court as part of or with appellant's notice of appeal a concise explanation, together with suggestions not to exceed six pages, if desired, detailing the judgment or order appealed from and sufficient other facts about the case to show that jurisdiction of the appeal is in the Supreme Court. When the jurisdictional statement is filed as part of or with the notice of appeal, the clerk of the trial court shall serve copies of the same on all parties to the judgment other than the party or parties taking the appeal in accordance with subparagraph (d) of this Rule. Sufficient copies shall be supplied by appellant. As an alternative to filing a jurisdictional statement at the time of the filing of the notice of appeal, an appellant may, within ten days of the filing of the notice of appeal, file such jurisdictional statement with the clerk of the Supreme Court and shall serve a copy of such jurisdictional statement on all other parties to the judgment. Any other party may, within ten days after being served with a copy of appellant's jurisdictional statement, file in the Supreme Court suggestions in opposition not to exceed six pages and shall serve a copy thereof on appellant and all other
parties.

    If the appeal involves a post-conviction case, the appellant's jurisdictional statement shall also give the nature of the offense and the section of the statute under which defendant was convicted.

    The jurisdictional statement required by this Rule is for the purpose of facilitating appeals and preventing delays and is not a substitute for the jurisdictional statement required by these Rules to be set forth in appellant's brief.

    (c) Examples of Jurisdictional Statements. Bare recitals such as “This case involves construction of the Constitution of the United States or of this state,” “This case involves construction of the revenue laws of the State of Missouri” or other similar general statements or conclusions are insufficient and will not be accepted.

    The following is an example of a sufficient explanation in a case involving construction of the revenue laws: “This action is one involving the question of whether the respondent's machinery and equipment used in its operations in removing rock from the ground were exempt from the state sales tax law as being machinery and equipment falling within the exemption provided by Section 144.040.3(4) and hence involves the construction of a revenue law of this state.”

    (d) Duty to Notify. Any party filing a notice of appeal in the trial court shall serve a copy of the notice on all other parties to the judgment as prescribed by Rule 43.01.

    The clerk of the trial court also shall serve the notice of appeal, and any jurisdictional statement filed in the trial court, on all the parties to the judgment other than the party or parties taking the appeal, but the failure to do so does not affect the validity of the appeal.

    The clerk shall serve the attorney of record. If an attorney does not represent the party, service shall be directed to the party's last known address; such notification is sufficient notwithstanding the death of the party or the party's attorney prior to the giving of such notification.

    At the same time as making service, the clerk shall transmit to the appellate court clerk a copy of the notice of appeal and any jurisdictional statement filed in the trial court.

    The clerk shall note in a memorandum filed in the cause the names and addresses of the persons served and the date and manner of service.