Where do I file my notice of appeal?
You will file your notice of appeal in the District Court. There is one exception: if you are appealing a bankruptcy case to you will file your notice of appeal in the Bankruptcy Court.

How much does an appeal cost?
An appeal from a District Court decision to the 8th Circuit (civil or criminal): $255.00 filing fee.

What if I am too poor to pay the filing fee?
You may file a motion to proceed as a poor person (in forma pauperis) and an affidavit of financial status with the District Court. The judge who heard your case will rule on whether or not you can proceed on appeal without paying the filing fee.

If the District Court judge denies your motion to proceed in forma pauperis, you may renew your motion in the appellate court.

What do I need to file to appeal my case?
In a Civil case you will need the following:
Notice of Appeal
Form A
Cash, a money order or a check for $255.00 or, Motion to Proceed In Forma Pauperis

In a Criminal case you will need the following: (1) Notice of Appeal (there is a form for criminal cases); (2) Cash, a money order, or a check for $255.00 or, Motion to Proceed In Forma Pauperis.

What do I need to do about transcripts?
The appellant is required to contact the court reporter if the transcript is needed on appeal. You will find his/her name in the minute entries on the docket sheet.

How many days do I have to file my appeal?
A. Appeal from a District Court decision (civil). The notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.

B. Appeal from a District Court decision (criminal). In a criminal case, a defendant's notice of appeal must be filed in the district court within 10 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government's notice of appeal.

Is there a website I can go to for more information?
The 8th Circuit has a website that includes rules and publications about filing an appeal. http://www.ca8.uscourts.gov/index.html

Is there a web page that contains forms?
Yes. http://www.ca8.uscourts.gov/index.html

Where do I file my notice of appeal?
You will file your notice of appeal with the Bankruptcy Court whose order or judgment you are appealing.

Are bankruptcy appeals heard by the District Court?
No. All bankruptcy appeals are forwarded to the Bankruptcy Appellate Panel of the Eighth Circuit unless a timely election is made to have the appeal heard by the District Court. The election must be filed with the notice of appeal filed with the Bankruptcy Court and It must be on a separate election form as indicated in the Local Bankruptcy Rules.

How much does it cost to file an appeal?
An appeal from a Bankruptcy Court decision or judgment costs the same as a civil or criminal appeal: $255.00.

What if I cannot pay the filing fee?
A bankruptcy appeal may be commenced In Forma Pauperis only if the court determines that the filing party meets the standards set forth under law. The motion to proceed In Forma Pauperis and an affidavit of financial status should be filed concurrent with the notice of appeal.

What documents do I need to file an appeal in my case?
A notice of appeal; payment in the amount of $255.00 or motion to proceed In Forma Pauperis and affidavit of financial status; a separate election form if you wish the appeal to be heard by the District Court instead of the Bankruptcy Appellate Panel.

What do I need to file for the record on appeal?
The record on appeal is prepared and filed by counsel in the case in accordance with the federal Rules of Bankruptcy Procedure, the Local Rules of the Bankruptcy Appellate Panel and the Local Rules of the Bankruptcy Court. For information on BAP Rules, forms and procedures, visit their web site at: http://www.ca8.uscourts.gov/bap/bapinf.htm.

What should I do about transcripts?
If a transcript is required for the record, it must be ordered by the appellant within 10 days of filing the notice of appeal. Forms for ordering the transcript and information regarding costs may be obtained from the Bankruptcy Clerk's Office.

How many days do I have to file my appeal?
Appeals from a Bankruptcy Court decision, whether filed with the Bankruptcy Appellate Panel or the District Court, must be filed within 10 days of the decision or judgment being appealed.

Where can I obtain more information on appeals?
For more information regarding requirements, visit the web site for the 8th Circuit Bankruptcy Panel noted above and/or the Local Rules page of this site for the Western District of Missouri.