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Rule 83.05 – Application-Form-Contents

May 13, 2021 | Civil Procedure, Missouri

(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 a 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 this 83.05. 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) The motion for rehearing, if any, and application for transfer filed in the court of appeals;
(3) The docket fee in the amount specified by Rule 81.04(d)
(4) Proof of notice to the clerk of the court of appeals; and
(5) A copy of the notice from the court of appeals overruling the motion for rehearing, if any, and denying application for transfer to this Court filed in the court of appeals.
(g) When a memorandum decision or written order has been issued by the court of appeals as provided by Rule 30.25 or Rule 84.16, the application filed in this Court shall be accompanied by one copy of each party’s brief filed in the court of appeals.
(h) All parties shall be served pursuant to Rule 81.006 with a copy of any application for transfer on or before the date of filing.

Mo. R. Civ. P. 83.05

Adopted June 1, 1971, effective January 1, 1972; amended April 27, 1999, effective January 1, 2000; amended June 21, 2005, effective January 1, 2006; amended June 28, 2011, effective January 1, 2012; repealed and readopted May 19, 2016, eff. Jan. 1, 2017; amended en banc eff. Jan. 1, 2017.