Supreme Court of Missouri
en banc
June 4, 2024
Effective January 1, 2025
In re:
(1) Repeal of subdivision 83.04, entitled "Transfer by This Court After Opinion by Court of Appeals," and subdivision 83.05, entitled "Application – Form – Contents," of Rule 83, entitled "Transfers From Court of Appeals to This Court," and in lieu thereof adoption of a new subdivision 83.04, entitled "Transfer by This Court After Opinion by Court of Appeals," and a new subdivision 83.05, entitled "Application – Form – Contents."
(2) Repeal of Civil Procedure Form No. 15 entitled "Cover Page for Application for Transfer Filed in the Supreme Court of Missouri," and in lieu thereof adoption of a new Civil Procedure Form No. 15, entitled "Cover Page for Application for Transfer Filed in the Supreme Court of Missouri."
ORDER
1. It is ordered that, effective January 1, 2025, subdivisions 83.04 and 83.05 of Rule 83 be and the same are hereby repealed and new subdivisions 83.04 and 83.05 are adopted in lieu thereof to read as follows:
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.
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 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.
2. It is ordered that, effective January 1, 2025, Civil Procedure Form No. 15 be and the same is hereby repealed and new Form No. 15 is adopted in lieu thereof to read as attached hereto.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
__________________________
MARY R. RUSSELL
Chief Justice