First Adopted: June 01, 1971
Most Recently Effective: January 01, 2025
Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court
83.04 | 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 83.02 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.
(Former Rule 83.03 adopted June 1, 1971, effective January 1, 1972. Amended May 6, 1976, effective January 1, 1977; amended February 20, 1996, corrected February 23, 1996, effective January 1, 1997. Renumbered Rule 83.04 and amended April 27, 1999, effective January 1, 2000; amended Oct. 23, 2001, effective July 1, 2002; amended September 23, 2015, effective July 1, 2016; amended April 14, 2016, effective July 1, 2016; amended June 4, 2024, effective January 1, 2025.)