Missouri Revised Statutes
Chapter 512 - Appeals and Appellate Procedure
Section 512.060 - Appeal by special order of court.

Effective - 28 Aug 1943
512.060. Appeal by special order of court. — 1. When an appeal is permitted by law from a final judgment in the trial court, but the time prescribed for filing the ordinary notice of appeal with the clerk of the trial court as set forth in section 512.050 has expired, nevertheless a party seeking reversal of such final judgment may file a notice of appeal in the trial court, within six months from the date of such final judgment, if permitted to do so by a special order of the appropriate appellate court. The special order may be allowed by the appellate court, upon motion and notice to adverse parties, and upon a showing by affidavit, or otherwise, that there is merit in appellant's claim for the special order and that the delay was not due to appellant's culpable negligence. When notified of the issuance of a special order by the appellate court the clerk of the trial court in which the final judgment was entered shall permit the appellant to file a notice of appeal and the appellant shall then proceed to prepare the transcript on appeal as if the appeal had been allowed without a special order.
2. 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 or may issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, and in general accord with section 512.080. The supersedeas bond shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial court as indicated in section 512.100. 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 a suit, acquired in good faith after expiration of the time prescribed for taking an appeal without a special order, but before the filing of the notice of appeal by special order.
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(L. 1943 p. 353 § 130)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXV - Civil Procedure and Limitations

Chapter 512 - Appeals and Appellate Procedure

Section 512.010 - Writs of error in civil cases abolished — review by appeal.

Section 512.020 - Who may appeal.

Section 512.025 - Habeas corpus proceedings for custody of minor child, who may appeal.

Section 512.030 - Appeals jointly or separately.

Section 512.040 - Titles in appeals.

Section 512.050 - Notice of appeal — when filed — court reporter to be paid, when.

Section 512.060 - Appeal by special order of court.

Section 512.070 - Notice to specify what — duties of clerk on filing of appeal.

Section 512.080 - Appeals to stay execution, when — bond.

Section 512.085 - Supersedeas bond requirements, tobacco settlement litigation.

Section 512.090 - Bond filed, when.

Section 512.099 - Bond or surety required during pendency of appeal, set how.

Section 512.100 - Supersedeas bond — enforcement.

Section 512.110 - Transcript of record — filing — contents — omissions.

Section 512.120 - Agreed statement of case.

Section 512.130 - Transcript, when filed.

Section 512.140 - Extension of time by trial court.

Section 512.150 - Rules for filing briefs, transcripts, and docketing cases.

Section 512.160 - Questions considered on appeal — disposition by court — damages — executions.

Section 512.170 - Practice of supreme court to apply to court of appeals.

Section 512.180 - Appeals from cases tried before associate circuit judge.

Section 512.190 - Perfecting right of trial de novo, how.

Section 512.200 - Form of recognizance.

Section 512.210 - Application for trial de novo — release of property taken under execution.

Section 512.250 - Associate circuit judge or clerk to file transcript with clerk for trial de novo.

Section 512.270 - Judge assigned to hear case anew.

Section 512.280 - Same cause to be heard — necessary parties may be added.

Section 512.290 - No setoff or counterclaim to be pleaded in trial de novo, when.

Section 512.300 - Statement of account amended, when.

Section 512.310 - Procedure for trial de novo.

Section 512.320 - Judgment against sureties, when.