Rule 83 | Transfers From Court of Appeals to this Court

First Adopted: June 01, 1971

Most Recently Effective: January 01, 2000

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.01 | Transfer Upon Application Prior to Disposition by Court of Appeals

This Court on its own motion or on application of a party may transfer to this Court from the court of appeals a case in which there has been no disposition. The transfer shall be for any of the reasons stated in Rule 83.02 or for the purpose of equalizing the workload of the appellate courts.

Any party requesting such transfer shall file an application in this Court within ten days after the filing of the record on appeal in the court of appeals. In connection with the consideration of an application for transfer under this Rule 83.01, this Court may order the record on appeal forwarded to it.

Applications for transfer filed pursuant to this Rule 83.01 shall not affect the time for filing briefs unless this Court so orders. In the event of transfer under this Rule 83.01, briefs already filed in the court of appeals shall be considered as having been filed in this Court, and briefs not yet filed in the court of appeals on the date of the order of transfer shall be filed directly in this Court within the time prescribed for filing briefs when no transfer is ordered.


(Adopted June 1, 1971, effective January 1, 1972. Amended April 27, 1999, effective January 1, 2000.)

First Adopted: June 01, 1971

Most Recently Effective: July 01, 2016

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.02 | Transfer on Order of Court of Appeals

A case disposed of by an opinion, memorandum decision, written order, or order of dismissal in the court of appeals may be transferred to this Court by order of a majority of the participating judges, regular and special, on their own motion or on application of a party. Transfer may be ordered because of the general interest or importance of a question involved in the case or for the purpose of reexamining existing law.

Application by a party for such transfer shall be filed within fifteen days of the date on which the opinion, memorandum decision, written order, or order of dismissal is filed unless for good cause shown the court of appeals extends the time for filing.

No response to an application for transfer shall be filed unless requested by the court, and an order for transfer shall not be granted in the absence of such a request.

Motions for reconsideration of the court's action in refusing an application for transfer shall not be accepted or filed.


(Adopted June 1, 1971, effective January 1, 1972. Amended June 1, 1993, effective January 1, 1994; amended February 20, 1996, corrected February 23, 1996, effective January 1, 1997; amended April 27, 1999, effective January 1, 2000; amended June 21, 2002, effective January 1, 2003; amended September 23, 2015, effective July 1, 2016.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 2000

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.03 | Transfer on Dissent of Participating Judge

If a participating judge dissents from a majority opinion filed in the court of appeals and certifies that the judge deems the opinion to be contrary to any previous decision of an appellate court of this state, the case shall be transferred to this Court.


(Former Rule 83.01 adopted June 1, 1971, January 1, 1972. Renumbered 83.03 and amended April 27, 1999, January 1, 2000.)

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.)

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

83.05 | Application – Form – Contents

(a) The application for transfer mentioned in Rules 83.01, 83.02, and 83.04 may 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 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; amended June 5, 1980, effective January 1, 1981; amended June 24, 1982, effective January 1, 1983; amended April 21, 1988, effective January 1, 1989; amended June 16, 1989, effective January 1, 1990; amended June 16, 1992, effective January 1, 1993; amended June 1, 1993, effective January 1, 1994; amended 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; amended June 21, 2005, effective January 1, 2006; amended June 28, 2011, effective January 1, 2012; amended May 19, 2016, effective January 1, 2017; amended  January 19, 2017, effective January 19, 2017; amended August 15, 2023, effective July 1, 2024; amended June 4, 2024, effective January 1, 2025.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 2017

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.06 | Suggestions in Opposition

If a court requests a response to an application for transfer, any other party may file suggestions in opposition to the application, not to exceed six pages, within ten days after such request.

Exhibits consisting of written documents that are included in or attached to the suggestions shall be counted as part of the suggestions for purposes of the page limitation. No other exhibits shall be included in or attached to the suggestions or shall otherwise be filed.


(Former Rule 83.07 adopted June 1, 1971, effective January 1, 1972. Amended May 22, 1987, effective January 1, 1988. Renumbered Rule 83.06 and amended April 27, 1999, effective January 1, 2000; amended June 28, 2011, effective January 1, 2012; amended May 19, 2016, effective January 1, 2017.)

First Adopted: April 27, 1999

Most Recently Effective: January 01, 2000

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.07 | [REPEALED]

[Repealed by order dated April 27, 1999, effective January 1, 2000.]

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1998

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.08 | Record on Appeal and Briefs in Cases Transferred After Opinion

(a) In General. When a case is transferred to this Court after opinion, the parties shall retain the same position as appellant and respondent as in the court of appeals. The record on appeal filed in the court of appeals is the record in this Court.

(b) Substitute Briefs. A party may file a substitute brief in this Court. The substitute brief shall conform with Rule 84.04, shall include all claims the party desires this Court to review, shall not alter the basis of any claim that was raised in the court of appeals brief, and shall not incorporate by reference any material from the court of appeals brief. Any material included in the court of appeals brief that is not included in the substitute brief is abandoned.

(c) Timing. Substitute briefs shall be filed within the following times:

(1) appellant's brief – twenty days after the date of the order of transfer;

(2) respondent's brief – forty days after the date of the order of transfer;

(3) appellant's reply brief – fifty days after the date of the order of transfer.

In the case of cross-appeals, substitute briefs shall be filed within the following times:

(1) appellant's brief – twenty days after the date of the order of transfer;

(2) respondent/cross-appellant's brief – forty days after the date of the order of transfer;

(3) cross-respondent/appellant's reply brief – sixty days after the date of the order of transfer;

(4) cross-appellant's reply brief – seventy days after the date of the order of transfer.

(d) Extensions of Time. An order extending any party's time to file a brief automatically extends the filing deadline for any subsequent brief by the same amount of time.


(Adopted June 1, 1971, effective January 1, 1972. Amended June 1, 1993, effective January 1, 1994; amended June 17, 1997, effective January 1, 1998.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.09 | Determination of Cases Following Transfer

Any case coming to this Court from a district of the Court of Appeals, whether by certification, transfer or certiorari, may be finally determined the same as on original appeal. If, however, in cases transferred on order of this Court, the Court concludes that the transfer was improvidently granted, the case may be retransferred to the Court of Appeals.


(Adopted June 1, 1971, effective January 1, 1972.)

First Adopted: April 21, 1972

Most Recently Effective: December 01, 1972

Rule 83 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Transfers From Court of Appeals to this Court

83.10 | Transfer to Supreme Court en Banc

Any motion to transfer a civil action under the provisions of the Constitution from either division to this Court en Banc shall be filed within fifteen days after the opinion of this Court is filed. A motion to transfer to the Court en Banc may be joined with a motion for rehearing.


(Adopted April 21, 1972, effective December 1, 1972.)