Chapter 7 Post-Disposition Motions and Applications for Transfer

• Library: Missouri Appellate Practice (2018 Ed.)

Chapter 7 Post-Disposition Motions and Applications for Transfer

A. Allowed Motions and Applications for Transfer

B. Timing and Requirements for Motions

C. Timing for Applications for Transfer

D. Form of Applications for Transfer

A. Allowed Motions and Applications for Transfer

Rule 84.17 governs post-disposition motions in both civil and criminal cases. Rule 30.26. Rule 83 governs transfer to the Supreme Court in both civil and criminal cases. Rule 30.27.

The normal post-disposition motions are a motion for rehearing, a motion to modify, and a motion to publish an opinion. Rule 84.17(a). An application for transfer to the Supreme Court is also allowed following disposition by the court of appeals. Rule 83.02; Rule 83.04.

A motion for rehearing is intended to direct the court’s attention to material matters of either law or fact that were overlooked or misinterpreted by the court in its opinion, written order, memorandum decision, or order of dismissal. Rule 84.17(a)(1). “Reargument of issues determined by the court will be disregarded.” Id.

A motion to modify is intended to allow the court to correct errors of law or fact that do not affect the court’s decision. Rule 84.17(a)(2).

A motion to publish an opinion is intended to direct the court to the reasons that the court’s disposition has precedential value, either in whole or in part. Rule 84.17(a)(3).

An application for transfer is intended to allow the Supreme Court to...