September 23, 2015
Effective July 1, 2016 

In re:

Repeal of subdivision 83.02, entitled "Transfer on Order of Court of Appeals," and subdivision 83.04, entitled "Transfer by This Court After Opinion by Court of Appeals," of Rule 83, entitled "Transfer from Court of Appeals to This Court," and in lieu thereof adoption of a new subdivision 83.02, entitled "Transfer on Order of Court of Appeals," and a new subdivision 83.04, entitled "Transfer by This Court After Opinion by Court of Appeals."

 
ORDER

1. It is ordered that effective July 1, 2016, subdivision 83.02 and subdivision 83.04 of Rule 83 be and the same are hereby repealed and new subdivision 83.02 and a new subdivision 83.04 adopted in lieu thereof to read as follows:

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.

 
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.
 
If an application for transfer under Rule 83.02 has been denied, the 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. Application for such transfer shall be filed in this Court within fifteen days of the date on which transfer was denied by the court of appeals unless for good cause shown this Court extends the time for filing. No extension shall be granted if the court of appeals has issued its mandate which 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 shall not be accepted or filed.

 
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
3. It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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PATRICIA BRECKENRIDGE
Chief Justice