Rule 83.03.Transfer on Dissent of Participating Judge.
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 83.03
Amendment History
Adopted June 1, 1971, eff. Jan. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Feb. 20, 1996, as corrected Feb. 23, 1996, eff. Jan. 1, 1997; Amended April 27, 1999, eff. Jan. 1, 2000; Amended June 21, 2002, eff. Jan. 1, 2003; Amended Sept. 23, 2015, eff. July 1, 2016.
Plain-English Summary
Rule 83.03 covers one narrow but automatic trigger for transfer: a dissent grounded in a claimed conflict with existing appellate law. If a judge who took part in a court of appeals case disagrees with the majority opinion and certifies that the judge believes the majority's opinion is contrary to a previous appellate decision in Missouri, the case goes to the Supreme Court. No application from a party is needed, and no vote of the majority is required — the dissenting judge's certification does the work.
This stands apart from the discretionary transfers available under Rules 83.01, 83.02, and 83.04, all of which depend on a party asking or a court deciding to act. Rule 83.03 exists to catch a specific problem: when the panel deciding a case cannot agree on whether the outcome squares with prior appellate precedent, the disagreement itself is treated as enough reason for the Supreme Court to take a look, without anyone needing to file paperwork or wait on a deadline.
Because the rule is triggered by the dissent's own certification, its scope is fixed by what the dissenting judge writes. The certification has to reflect the judge's own view that the majority's holding is contrary to a previous appellate decision — a plain disagreement with the outcome or the reasoning, without that certification, does not by itself trigger this rule.
Frequently Asked Questions
What triggers a transfer under Rule 83.03?
A dissenting judge on the court of appeals panel certifying that the judge believes the majority opinion conflicts with a previous decision of an appellate court in Missouri.
Does a party have to file anything to get a Rule 83.03 transfer?
No. The transfer happens once the dissenting judge certifies the conflict — no party application is required.
Does the majority of the panel have to agree to the transfer?
No. This transfer does not depend on a majority vote; the dissenting judge's certification is what moves the case.
Is any dissent enough to trigger transfer?
No. The dissent has to include the judge's certification that the opinion is contrary to a previous appellate decision of this state — a dissent on other grounds does not, by itself, trigger this rule.
How does this rule differ from Rule 83.02?
Rule 83.02 requires a majority of the participating judges to vote for transfer, whether acting on their own or on a party's application. Rule 83.03 needs only the dissenting judge's certification of a conflict.
Is there a deadline for the dissenting judge's certification?
The rule does not set a separate filing deadline for the certification; it operates as part of the dissent filed with the court of appeals' decision.