Rule 83.02.Transfer on Order of Court of Appeals.
Part II · Rule 83: Transfers from Court of Appeals to This Court · Last amended July 1, 2016 · Last verified July 22, 2026
Full Text of Rule 83.02
Amendment History
Adopted June 1, 1971, eff. Jan. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; Feb. 20, 1996, as corrected Feb. 23, 1996, eff. Jan. 1, 1997; Amended Apr. 27, 1999, eff. Jan. 1, 2000; Amended June 21, 2002, eff. Janu. 1, 2003; Amended September 23, 2015, effecitve July 1, 2016.
Plain-English Summary
Rule 83.02 is the main path for moving a case from the court of appeals to the Supreme Court after the court of appeals has already acted — through an opinion, a memorandum decision, a written order, or a dismissal order. The decision to transfer belongs to the judges who heard the case: a majority of the participating judges, whether regular or special, has to agree, whether they are acting on their own initiative or in response to a party's application.
The rule limits the grounds for transfer to two categories: a question of general interest or importance, or the need to reexamine existing law. Those are broader, policy-oriented reasons than the more precedent-specific ground found in the dissent-based transfer of Rule 83.03.
A party who wants to apply has fifteen days from the date the opinion, memorandum decision, written order, or dismissal order is filed. The court of appeals can extend that deadline for good cause. The rule also builds in a deliberately one-sided process: no party has to respond to a transfer application unless the court asks for a response, and the court cannot grant a transfer without having asked for one first. That structure keeps the transfer decision from turning into a full round of adversarial briefing unless the court decides it needs one.
Finally, the rule closes off a common source of repeat filings: once the court has refused an application for transfer, a party cannot file a motion asking the court to reconsider that refusal.
Frequently Asked Questions
Who decides whether a case transfers under Rule 83.02?
A majority of the participating judges who heard the case in the court of appeals, whether regular or special judges, acting either on their own motion or on a party's application.
What kinds of cases qualify for transfer under this rule?
Cases the court of appeals has already disposed of by an opinion, a memorandum decision, a written order, or an order of dismissal — this rule does not reach cases that are still pending.
What grounds support a transfer application?
The general interest or importance of a question involved in the case, or the need to reexamine existing law.
How long does a party have to apply?
Fifteen days from the date the opinion, memorandum decision, written order, or dismissal order is filed, though the court of appeals can extend that deadline for good cause shown.
Does the opposing party have to respond to a transfer application?
No. A response is filed only if the court asks for one, and the rule bars the court from granting transfer without having requested a response first.
Can a party ask the court to reconsider a denied transfer application?
No. The rule specifically bars motions for reconsideration of a refusal to transfer.
How is this different from Rule 83.04?
Rule 83.02 is decided by the court of appeals judges who heard the case. Rule 83.04 lets a party go directly to the Supreme Court for similar relief.