Supreme Court of Missouri
en banc
April 14, 2016
Effective July 1, 2016
Effective July 1, 2016
In re:
Correction of order of September 23, 2015, repealing
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."
ORDER
1. By order of September 23, 2015, this Court adopted a new subdivision 83.04 of Rule 83 to be effective July 1, 2016. The Court hereby corrects the order so that, as corrected, effective July 1, 2016, subdivision 83.04 shall read as follows:
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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 15 days of the date on which transfer was denied by the court of appeals. 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.
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.
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