Appellate Practice
Appeals, cross-appeals, extraordinary writs, amicus briefs, and habeas corpus in Missouri and Kansas appellate courts and three federal circuits.
What is appellate practice?
Appellate practice is the process of asking a higher court to review a lower court's judgment. Unlike a trial, an appeal is decided on the existing record, with no new evidence or witnesses, and is won or lost primarily on written briefing, with oral argument focused on questions of law rather than disputed facts.
A different discipline
Trial court experience does not necessarily coincide with the skill required to mount a successful appeal or defend a trial court judgment. In an appeal the record is closed, the audience is a panel of judges reading briefs rather than a jury hearing testimony, and the case turns on the written argument. The task is to make a complicated record simple and persuasive to judges who were not in the room.
Landon Magnusson leads the firm’s appellate practice. He chairs the Appellate Practice Committee of the Kansas City Metropolitan Bar Association, serves as Treasurer of the Eighth Circuit Bar Association, sits on The Missouri Bar’s Appellate Practice Committee, and holds an LL.M. from the Sorbonne. He was named a Super Lawyers Rising Star and a Missouri Lawyers Weekly Up & Coming Lawyer, and received the John S. Welch Award for Outstanding Legal Writing.
Where we appear
Missouri Court of Appeals and Supreme Court of Missouri; Kansas appellate courts; and the United States Courts of Appeals for the Seventh, Eighth, and Tenth Circuits. Ward Brown is additionally admitted before the Supreme Court of the United States.
What we handle
Civil and criminal appeals and cross-appeals, extraordinary writs including mandamus and prohibition, habeas corpus petitions, amicus curiae briefs, and post-judgment proceedings in the trial courts.
We also consult with trial counsel during a case: reviewing jury instructions, preserving error, and shaping the record while there is still time to do so.
Bring us in early
The single most common reason a good argument is unavailable on appeal is that it was not preserved below. If a case is heading toward judgment, a conversation before post-trial motions are filed is worth far more than one after the notice of appeal is due.
Common questions
How long do I have to appeal a judgment in Missouri?
The deadline is short and jurisdictional: a missed deadline generally ends the appeal permanently, regardless of the merits. In Missouri, a judgment ordinarily becomes final thirty days after entry, and the notice of appeal must be filed within ten days after that, though post-trial motions can change the calculation. Federal deadlines differ. If you are considering an appeal, contact appellate counsel immediately rather than after the trial attorney's file is closed.
Can I appeal just because I disagree with the outcome?
No. An appellate court reviews for legal error, not to retry the case or reweigh the evidence. Factual findings receive substantial deference; legal conclusions are reviewed fresh. A viable appeal generally requires an identifiable error that was properly preserved in the trial court and that plausibly affected the outcome. That error might be an incorrect ruling on the law, improperly admitted or excluded evidence, an erroneous jury instruction, or a judgment unsupported by substantial evidence.
What does 'preservation of error' mean and why does it matter?
Appellate courts generally will not consider an argument that was not first raised in the trial court. An objection had to be made, a motion had to be filed, an offer of proof had to be put on the record. Errors that were not preserved are usually waived. This is why involving appellate counsel during trial, or at least before post-trial motions are filed, can materially change what is available later.
Should the trial attorney handle the appeal?
Not necessarily. Appellate work is a distinct discipline: the skills are research, written argument, and the ability to make a complex record legible to judges who were not in the courtroom. Trial court experience does not necessarily coincide with the skill required to mount a successful appeal or defend a trial court judgment. We take appeals in cases we tried and in cases other lawyers tried, and we regularly consult with trial counsel who want a second set of eyes on preservation before a case concludes.
Talk with a lawyer who knows this community.
Tell us what you are facing. We will point you to the right attorney and explain your options in plain language. No obligation.