386.540. Appeals from circuit court--transcript and exhibits--precedence over other civil cases. - Missouri Statutes

Appeals from circuit court--transcript and exhibits--precedence overother civil cases.

386.540. 1. The commission and any party, including thepublic counsel, who has participated in the commission proceedingwhich produced the order or decision may, after the entry ofjudgment in the circuit court in any action in review, prosecutean appeal to a court having appellate jurisdiction in this state.Such appeal shall be prosecuted as appeals from judgment of thecircuit court in civil cases except as otherwise provided in thischapter. The original transcript of the record and testimony andexhibits, certified to by the commission and filed in the circuitcourt in any action to review an order or decision of thecommission, together with a transcript of the proceedings in thecircuit court, shall constitute the record on appeal to thesupreme court or any court of appeals.

2. Where an appeal is taken to the supreme court or thecourt of appeals, the cause shall, on the return of the papers tothe supreme court or court of appeals, be immediately placed onthe docket of the then pending term by the clerk of the court andshall be assigned and brought to a hearing in the same manner asother causes on the then pending term docket, but shall haveprecedence over all civil causes of a different nature pending inthe court. No appeal shall be effective when taken by acorporation, person or public utility unless a cost bond ofappeal in the sum of five hundred dollars shall be filed withinten days after the entry of judgment in the circuit courtappealed from.

3. The circuit court may in its discretion suspend itsjudgment pending the hearing in the supreme court or court ofappeals on appeal, upon the filing of a bond by the corporation,person or public utility with good and sufficient securityconditioned as provided for bonds upon actions for review and byfurther complying with all terms and conditions of this law forthe suspension of any order or decision of the commission pendingthe hearing or review in the circuit court. This bond shall bein addition to the cost bond heretofore provided in this section.

4. The general laws relating to appeals to the supreme courtand the court of appeals in this state shall, so far asapplicable and not in conflict with the provisions of thischapter, apply to appeals taken under the provisions of thischapter.

(RSMo 1939 § 5693, A.L. 1973 S.B. 263, A.L. 1977 H.B. 42 & 157)

Prior revisions: 1929 § 5237; 1919 § 10525

(1967) Provisions requiring filing of cost bond within ten days of rendition of judgment in circuit court on review of decision of public service commission are for the protection of the commission, and are directory, not mandatory. State v. Public Service Commission of Missouri (A.), 414 S.W.2d 322.