Rule 81.04.Appeals, When and How Taken -- Cross Appeals -- Docket Fees.
Part I · Rule 81: Appeals · Last amended October 11, 2017 · Last verified July 22, 2026
In one sentenceRule 81.04 tells a party how and when to appeal a Missouri trial court judgment: file a notice of appeal with the trial court clerk within ten days after the judgment becomes final, pay the $70 docket fee, and follow the cross-appeal and transmittal steps that follow.
(a)Filing the Notice of Appeal. If an appeal is permitted by law from a trial court, a party may appeal from a judgment, decree, or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment, decree, or order appealed from becomes final.
The notice of appeal shall specify the parties taking the appeal, the judgment, decree, or order appealed from, and the court to which the appeal is taken. For this purpose, the appellant shall use the relevant version of Civil Procedure Form No. 8, as the case may be.
(b)Style of Case. The party appealing shall be known as the appellant and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal.
(c)Cross Appeals. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within ten days of the date the first notice of appeal was filed.
(d)Docket Fees. The appellate court docket fee, including all surcharges, is $70.
(e)Submitting Notice of Appeal to Clerk. The trial court clerk shall note the date a notice of appeal was received if it is accompanied by:
(1)The docket fee; or
(2)A statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or
(3)A motion to prosecute the appeal in forma pauperis.
(f)Date Notice of Appeal is Filed. A notice of appeal received by the trial court clerk with a docket fee or with a statement demonstrating no docket fee is required is deemed filed on the date the clerk receives it. A notice of appeal received with a motion to prosecute the appeal in forma pauperis is deemed filed on the date the notice is received if the motion to prosecute the appeal in forma pauperis is granted. If the motion is not granted and the time for filing the notice of appeal has not expired, a notice of appeal with a docket fee or with a statement demonstrating no docket fee is required may be presented to the clerk and shall be treated as though no motion to prosecute the appeal in forma pauperis was filed.
(g)Trial Court Clerk’s Duty to Notify. The clerk shall transmit to the appellate court clerk a copy of the notice of appeal and all attached documents, including any jurisdictional statement required by Rule 81.08. The clerk shall give notice of the transmittal of the notice of appeal to all parties, but the failure to do so does not affect the validity of the appeal.
(h)Class Action Certification Appeal. Petitions to appeal an order granting or denying class action certification shall be filed as provided in Rule 84.035.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; June 23, 1982, eff. Aug. 13, 1982; Amended June 23, 1982, eff. Aug. 13, 1982; Amended June 23, 1987, eff. Jan. 1, 1988; Amended June 1, 1993, eff. Jan. 1, 1994; Amended May 26, 2000, eff. Jan. 1, 2001; Amended Dec. 23, 2003, eff. July 1, 2004; Amended June 17, 2004, eff. Jan. 1, 2005; Amended June 21, 2005, eff. January 1, 2006; Amended December 20, 2005, eff. July 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012; Amended May 19, 2016, eff. Jan. 1, 2017; Amended Oct. 11, 2017, eff. Jan. 1, 2017.
Plain-English Summary
Rule 81.04 is the core mechanical rule for taking an appeal. A party appeals a judgment, decree, or order by filing a notice of appeal with the clerk of the trial court — not the appellate court — and the appeal is not effective unless that notice is filed no later than ten days after the judgment becomes final. (Rule 81.05 defines when a judgment becomes final.) The notice has to name the parties taking the appeal, identify the judgment, decree, or order being appealed, and state which court the appeal goes to, using the relevant version of Civil Procedure Form No. 8.
Filing also means paying. The appellate court docket fee, including surcharges, is $70. The trial court clerk notes the date a notice of appeal is received only if it comes with the docket fee, a statement citing authority that no fee is required, or a motion to proceed in forma pauperis. A notice filed with the fee, or with a statement that no fee is owed, is deemed filed the day the clerk receives it. A notice filed with an in forma pauperis motion is deemed filed that same day only if the motion is later granted; if the motion is denied and time remains to appeal, the appellant can still submit the notice with the fee or fee-exemption statement as though no in forma pauperis motion had been filed.
Any other party who wants to cross-appeal has ten days from the date the first notice of appeal was filed to file a notice of its own. The caption stays the same on cross-appeal; the party appealing is still the appellant and the adverse party the respondent.
Once a notice of appeal is filed, the trial court clerk has to send the appellate court clerk a copy of the notice and everything attached to it, including any jurisdictional statement required by Rule 81.08, and give notice of that transmittal to all parties — though a failure to give that notice does not undo the appeal. Petitions to appeal an order granting or denying class action certification follow a separate path under Rule 84.035 instead of this rule.
Frequently Asked Questions
How long do I have to file a notice of appeal in Missouri?
Ten days after the judgment, decree, or order becomes final. Missing that deadline means the appeal is not effective unless Rule 81.07's special-order process applies.
Where do I file the notice of appeal?
With the clerk of the trial court that entered the judgment, not with the appellate court.
What is Missouri's appellate docket fee?
$70, including all surcharges, under Rule 81.04(d).
What if I can't afford the docket fee?
You can file a motion to prosecute the appeal in forma pauperis along with the notice of appeal. The notice is deemed filed on the date received only if that motion is later granted.
How long does the other side have to file a cross-appeal?
Ten days from the date the first notice of appeal was filed.
What form do I use to file a notice of appeal?
The relevant version of Civil Procedure Form No. 8.
Does the trial court clerk have to notify me the notice of appeal was sent up?
The clerk is required to give notice of the transmittal to all parties, but failing to do so does not affect the validity of the appeal.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
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