Rule 84.035.Appeals from Orders Granting or Denying Class Certification.

An order on class certification usually can’t be appealed the way a final judgment can, so Rule 84.035 builds a separate path for it. A party who wants to challenge such an order must file a petition for permission to appeal with the court of appeals within ten days of the order. The petition has to identify the question presented, give a concise statement of the necessary facts, state the relief sought if the appeal is granted, explain concisely why the appeal should be allowed, request a stay if one is wanted, attach the order and any related opinion or memorandum along with an indexed set of exhibits, and prove service on the trial judge and all other parties. The opposing side can file a response within ten days after the petition is filed, and the court ordinarily decides whether to allow the appeal on the papers alone, without further briefing or argument.

If the petition is granted, the appellant must file a notice of appeal with the docket fee and required attachments in the circuit court within ten days of the order granting permission. From there, briefing moves on a set schedule — 30 days for the appellant’s brief, 20 more for the respondent’s, and 10 more for any reply. The petition, exhibits, response, and any record portions filed with the response make up the appellate record, though either side can supplement it with additional trial-court materials before the main brief is due.

Filing the petition doesn’t pause the trial court case on its own; the case keeps moving unless the trial judge or the appellate court orders a stay. And if the petition to appeal is denied, the rule closes off further review of the certification order except by petition for an original remedial writ filed directly with the Missouri Supreme Court.