Rule 83.10.Transfer to Supreme Court en Banc.
Part II · Rule 83: Transfers from Court of Appeals to This Court · Last amended December 1, 1972 · Last verified July 22, 2026
Full Text of Rule 83.10
Amendment History
Adopted April 21, 1972, eff. Dec. 1, 1972.
Plain-English Summary
Rule 83.10 covers transfer within the Supreme Court itself, from a division of the Court to the Court sitting en banc. Missouri's Supreme Court can decide cases in divisions instead of as a full bench, and this rule gives a party a mechanism, grounded in the state constitution, to ask that a civil case move from a division to the full Court.
The rule sets a firm deadline: the motion to transfer to the Court en banc has to be filed within fifteen days of the date the division's opinion is filed. It also gives parties an efficient way to raise the issue — a motion to transfer to the en banc Court can be joined with a motion for rehearing, so a party does not need to file two separate documents to preserve both requests.
Frequently Asked Questions
What does Rule 83.10 govern?
A motion to transfer a civil case from a division of the Supreme Court to the Court sitting en banc.
How long does a party have to file this motion?
Fifteen days after the division's opinion is filed.
Can this motion be combined with anything else?
Yes. It can be joined with a motion for rehearing instead of filed as a separate document.
Does this rule apply to court of appeals decisions?
No. It applies to transfer from a division of the Supreme Court to the Supreme Court en banc, a different step from the Rule 83.01 through 83.04 transfers that move a case from the court of appeals to the Supreme Court.
What is the source of the transfer authority described in this rule?
The rule describes the motion as one made under the provisions of the state constitution governing transfer from a division to the Court en banc.