Frequently Asked Questions for District Court Appeals
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 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): $505.00 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: (1) Notice of Appeal and (2) cash, a money order, debit, credit, cashier's check, or check for $505.00 or, (3) 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, debit, credit, cashier's check, or check for $505.00 or, (3) Motion to Proceed In Forma Pauperis.
Please note: the Jefferson City Courthouse cannot accept cash.
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?