(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.
Rule 81.07.When Party May Appeal After Time for Filing of Notice Has Expired.
Part I · Rule 81: Appeals · Last amended January 1, 2007 · Last verified July 22, 2026
In one sentenceRule 81.07 lets a party who missed the normal deadline for a notice of appeal ask the appellate court for a special order allowing a late notice, but only within six months of finality and only if the delay was not the appellant's own fault.
Full Text of Rule 81.07
(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 as 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.
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; June 1, 1993, eff. Jan. 1, 1994. Amended June 27, 2006, eff. Jan. 1, 2007.
Plain-English Summary
Rule 81.07 is the safety valve for a missed appeal deadline. When the ordinary time for filing a notice of appeal under Rule 81.04 has already run out, a party can ask the appellate court for a special order permitting a late notice of appeal. The motion must be filed with notice to the adverse parties within six months from the date the judgment became final for appeal purposes, and it must show, by affidavit or otherwise, that the delay was not due to the appellant's own culpable negligence. A copy of the judgment being appealed has to be attached.
Once the appellate court issues the special order, the trial court clerk lets the appellant file a notice of appeal within ten days of notification, or within whatever other time the order specifies. From that point, the appeal proceeds as if it had never needed a special order, and the appellant prepares the record on appeal in the normal way.
A special-order appeal handles stays differently. The power to issue a stay of execution belongs exclusively to the appellate court, which can decline to issue one, issue one on supersedeas bond terms it sets, or remand the question to the trial court. The supersedeas bond is still filed in the trial court, and its sureties answer to both courts. The rule also protects anyone who is not a party to the case and who, in good faith, acquired rights after the ordinary appeal deadline passed but before the late notice of appeal was filed; a later reversal or modification does not disturb those rights.
Frequently Asked Questions
I missed my ten-day deadline to appeal — is there still a way to appeal?
Possibly. Rule 81.07 lets a party seek a special order from the appellate court permitting a late notice of appeal.
How long do I have to ask for a special order allowing a late appeal?
The motion must be filed within six months from the date the judgment became final for purposes of appeal.
What do I have to prove to get a special order?
By affidavit or otherwise, that the delay in filing was not due to the appellant's own culpable negligence.
What happens once the special order is granted?
The trial court clerk allows the appellant to file the notice of appeal within ten days of notification, or the time set in the order, and the appeal proceeds normally from there.
Can I get a stay of execution in a special-order appeal?
Only the appellate court can issue a stay in that situation. It can decline to grant one, set supersedeas bond terms, or remand the question to the trial court.
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
Also known as: late notice of appeal missourispecial order appealmissed appeal deadlinesix month rule appeal