Mo. R. Civ. P. 83.04

As amended through November 19, 2024

Rule 83.04 - [Effective 1/1/2025] Transfer by This Court After Opinion by Court of Appeals

Transfer by this Court is an extraordinary remedy that is not part of the standard review process for purposes of federal habeas corpus review.

A case may be transferred by order of this Court on application of a party for any of the reasons specified in Rule 83.02 or for the reason that the opinion filed is contrary to a previous decision of an appellate court of this state. A party does not need to file an application for transfer pursuant to Rule prior to filing an application for transfer with this Court.

Application for such transfer shall be filed in this Court within the later of:

(1) 15 days of the date on which the court of appeals denied transfer or overruled any Rule 84.17 post-disposition motion; or

(2) 30 days of the date on which the court of appeals files its opinion, memorandum decision, written order, or order of dismissal.

Upon a showing of good cause, an application for transfer may be filed out of time, but no application for transfer shall be filed if the court of appeals has issued its mandate that is still in effect.

No response to an application for transfer shall be filed unless requested by the Court.

Motions for reconsideration of the Court's action in refusing an application for transfer or in overruling a motion to file an application for transfer out of time shall not be accepted or filed.

Mo. R. Civ. P. 83.04

Adopted June 1, 1971, eff. 1/1/1972. Amended May 6, 1976, eff. 1/1/1977; June 5, 1980, eff. 1/1/1981; June 24, 1982, eff. 1/1/1983. Amended April 21, 1988, eff. 1/1/1989; June 16, 1989, eff. 1/1/1990; June 16, 1992, eff. 1/1/1993; June 1, 1993, eff. 1/1/1994; Feb. 25, 1997, eff. 9/1/1997; April 27, 1999, eff. 1/1/2000; Oct. 23, 2001, eff. 7/1/2002; Sept. 23, 2015, corrected April 14, 2016, eff. 7/1/2016; amended June 4, 2024, effective 1/1/2025.