Missouri & The Final

Judgment Rule

MissouriA Different Way to Skin the Finality Cat

• Missouri interprets finality strictly

• Decision must resolve all claims

• Among all parties

• Rare exceptions for “implicit finality.”

• Looks like MO is less flexible

• But . . . .

• Missouri uses extraordinary writs (mandamus & prohibition) much more freely, e.g., to review

• discovery disputes

• venue transfers

• Denials of dismissals for

• lack of pj

•Lack of smj

•Denials of jury trial

•Missouri (by statute) permits appeals of orders granting new trial.

Missouri’s Bright Line Rule on Form

Judgment or Decree

Judge Jane SmithFiled

6/27/02

[Body of the judgment]

Must use 1 of these

exact words

Judge Must Sign

Must be filed

In Writing