Supreme Court Rules - Rule 83 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Transfers From Court of Appeals to this Court: Application - Form

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	83.05
Subject:	Rule 83 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Transfers From Court of Appeals to this Court	Publication / Adopted Date:	June 1, 1971
Topic:	Application - Form - Contents	Revised / Effective Date:	January 1, 2025

83.05. Application - Form - Contents

(a) The application for transfer mentioned in Rules 83.01, 83.02, and 83.04 shall not exceed 12 pages.

(b) The applicant shall concisely set out on the first page of the application the questions of general interest and importance, the existing law that requires reexamination, and the opinions of the appellate courts of this state that are contrary to the opinion of the court of appeals sought to be reviewed. The application may allege more than one ground, concurrently or in the alternative.

(c) The applicant shall express the ground or grounds for transfer in the terms and circumstances of the case but without unnecessary detail. The matters shall be set out in short and concise terms that are not argumentative or repetitious. No other information shall appear on the page setting out the reasons for seeking transfer.
The failure to set out necessary matters with accuracy, brevity, and clearness shall be a sufficient reason for denying the application.

(d) The remainder of the application shall contain a statement of the facts pertinent to the application and a discussion of the legal basis upon which the applicant seeks transfer.

(e) Exhibits consisting of written documents that are included in or attached to the application shall be counted as part of the application for purposes of the page limitation contained in Rule 83.05(a). No other exhibits shall be included in or attached to the application or shall otherwise be filed.

(f) The application for transfer filed in this Court shall be accompanied by a cover page substantially in conformity with Civil Procedure Form No. 15 and by the following:

(1) The opinion or order of disposition of the court of appeals;

(2) Any Rule

84.17

post-disposition motion and application for transfer filed in the court of appeals and a copy of any notice or order from the court of appeals overruling or denying the same;

(3) The docket fee in the amount specified by Rule 81.04; and

(4) Proof of notice to the clerk of the court of appeals.

(g) All parties shall be served pursuant to Rule 84.026 with a copy of any application for transfer on or before the date of filing.

(Former Rule 83.04 adopted June 1, 1971, effective January 1, 1972. Amended May 6, 1976, effective January 1, 1977; June 5, 1980, effective January 1, 1981; June 24, 1982, effective January 1, 1983; April 21, 1988, effective January 1, 1989; June 16, 1989, effective January 1, 1990; June 16, 1992, effective January 1, 1993; June 1, 1993, effective Jan. 1, 1994; February 25, 1997, effective September 1, 1997. Renumbered 83.05 and amended April 27, 1999, effective January 1, 2000. Amended October 23, 2001, effective July 1, 2002; June 21, 2005, effective January 1, 2006; June 28, 2011, effective January 1, 2012; May 19, 2016, effective January 1, 2017; amended effective January 19, 2017; August 15, 2023, effective July 1, 2024; amended June 4, 2024, effective January 1, 2025.)