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Rule 84.17 – Post-Opinion Motions

May 13, 2021 | Civil Procedure, Missouri

(a) Post-disposition motions. In addition to an application for transfer under Rule 83, any party may file the following post-disposition motions:

(1) A motion for rehearing. The motion shall briefly and distinctly state the grounds upon which rehearing is sought. The purpose of a motion for rehearing is to call attention to material matters of law or fact overlooked or misinterpreted by the court, as shown by its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal. Reargument of issues determined by the court will be disregarded.
(2) A motion to modify. The motion shall briefly and distinctly state the grounds upon which modification is sought. The purpose of a motion to modify is to correct errors of law or fact that do not affect the disposition of the case.
(3) A motion to publish an opinion. The motion shall briefly and distinctly explain why the court’s disposition of the appeal has precedential value, in whole or in part.
(b) Procedure for filing. A motion under this Rule 84.17 shall be filed within 15 days after the court files its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal and may be accompanied by suggestions in support containing citation of authority.
(c) Responses. No suggestions in opposition to a post-disposition motion shall be filed unless requested by the court. Within ten days after the court’s request for the suggestions, any party may file suggestions in opposition to the motion.
(d) Repetitive motions. If a motion for rehearing is overruled and the opinion is not materially modified, no further motion by the same party for rehearing or to set aside the order overruling the motion for rehearing may be filed. If the opinion is materially modified, any party may file a motion for rehearing as though the modified opinion is the original opinion.

Mo. R. Civ. P. 84.17

Adopted June 13, 1979, eff. Jan. 1, 1980. Amended July 27, 1979; June 24, 1982, eff. Jan. 1, 1983. Amended Sept. 10, 1982, eff. Jan. 1, 1983; Sept. 28, 1993; Feb. 23, 1996, eff. Jan. 1, 1997; March 20, 2001, eff. Jan. 1, 2002. Amended February 27, 2002, eff. Jan. 1, 2003. Amended June 17, 2004, eff. Jan. 1, 2005. Amended May 19, 2010, eff. Jan. 1, 2011; repealed and readopted May 19, 2016, eff. Jan. 1, 2017.

Committee Note – 1983

The language “after the cause has been once reheard” was deleted from prior Rule 84.17 to allow the filing of a motion for rehearing when a motion for rehearing is sustained and another opinion is filed.

Note that Rule 83.04 contains conditions precedent for filing an application for transfer to this court.