Rule 83.08.Record on Appeal and Briefs in Cases Transferred After Opinion.

Rule 83.08 picks up once a case has transferred to the Supreme Court after the court of appeals has already issued an opinion. The parties keep the same labels they had below — the appellant stays the appellant, the respondent stays the respondent — and the record on appeal that was compiled for the court of appeals becomes the record in the Supreme Court without having to be recreated.

Briefing, though, gets a fresh option. A party may file a substitute brief in the Supreme Court, though nothing requires one. A substitute brief has to conform to Rule 84.04's format requirements, has to include every claim the party wants the Supreme Court to review, and cannot change the underlying basis of any claim that was already raised in the court of appeals brief. It also cannot incorporate the earlier brief by reference — whatever from the court of appeals brief does not make it into the substitute brief is treated as abandoned.

The rule lays out a staggered filing schedule keyed to the date of the transfer order: the appellant's brief is due twenty days out, the respondent's forty days out, and the appellant's reply fifty days out. Cross-appeals follow a longer sequence — appellant's brief at twenty days, the respondent/cross-appellant's brief at forty days, the cross-respondent/appellant's reply at sixty days, and the cross-appellant's reply at seventy days. An order extending any one party's deadline automatically pushes every later deadline back by the same amount of time, so the whole sequence shifts together instead of requiring a separate extension for each brief.