VII. POST-OPINION PROCESS

Skip breadcrumb navigation and go to main content
Home About the Courts Missouri Court of Appeals Southern District ABCs of Appellate Practice VII. POST-OPINION PROCESS

VII. POST-OPINION PROCESS

A. POST-OPINION MOTIONS

A party may file in the Court of Appeals a motion for rehearing and/or application to transfer to the Supreme Court of Missouri after an opinion of the Court of Appeals has been filed. Rules 30.26, 30.27, 83.02, and 84.17. A party may also file a motion to publish the opinion or motion to modify it. Rule 84.17; Rule 30.26.The post-opinion motion or application may be accompanied by suggestions in support and must be filed in the clerk's office of the Court of Appeals within fifteen (15) days after the opinion is filed. An original and four (4) copies must be filed.

No suggestions in opposition may be filed unless requested by the court. If the court requests such suggestions, any other party may file suggestions in opposition within ten (10) days of the request. Rules 84.17 and 83.06.

An application for transfer must be filed in the Court of Appeals and denied before an application for transfer may be filed in the Missouri Supreme Court.  If the Court of Appeals denies the motion for rehearing and denies the application for transfer, a party may make an application for transfer directly to the Supreme Court of Missouri. Application for transfer directly with the Supreme Court must be filed in the Office of the Clerk of the Supreme Court within fifteen (15) days after the date on which transfer was denied by the Court of Appeals. Rule 83.04.

B. MANDATES

Judgments of the court take effect when the mandate issues. Generally, a mandate is not issued until the time for filing a post-opinion motion has expired. If a post-opinion motion is filed, the mandate will not issue until this court and the Missouri Supreme Court resolve all such motions.

Back to top