The decision of the majority of the judges of this Court sitting en banc or of any district of the Court of Appeals sitting en banc shall be the decision of the court, but if in any case the judges shall be equally divided in opinion then an additional judge shall be temporarily transferred to the court or district pursuant to Section 6, Article V, of the Constitution and the case shall be reheard. The decision of the majority of the judges of a division of this Court shall be the decision of the court unless the case is transferred to the court en banc. Unless pursuant to its own rules a district of the Court of Appeals determines to hear a case en banc, the decision of a majority of a division of that district shall be the decision of the district.
Rule 84.15.Decision of Majority of Judges Shall Be Decision of Court.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1980 · Last verified July 22, 2026
In one sentenceRule 84.15 makes the majority vote of judges sitting en banc, or of a division, the decision of the court, and provides for an additional judge to be temporarily transferred to break an en banc tie, requiring the case to be reheard.
Full Text of Rule 84.15
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 84.15 answers a basic structural question: whose vote counts as the court’s decision. Whether this Court is sitting en banc or a district of the Court of Appeals is sitting en banc, the decision of the majority of the judges is the decision of the court. If the judges are evenly divided, an additional judge is temporarily transferred to the court or district under Article V, Section 6 of the Missouri Constitution, and the case is reheard with that judge participating.
Below the en banc level, the decision of a majority of a division of this Court is the decision of the court unless the case is transferred to the court en banc. The same principle applies at the Court of Appeals: unless a district determines, under its own rules, to hear a case en banc, the decision of a majority of a division of that district is the decision of the district.
Frequently Asked Questions
What happens if the judges deciding a case are evenly split?
An additional judge is temporarily transferred to the court or district to break the tie, and the case is reheard.
Whose decision counts when a division of the court hears a case?
The majority of that division’s judges, unless the case is transferred to the court en banc.
Does every Court of Appeals district have to hear cases en banc?
No, only if the district’s own rules call for hearing a particular case en banc; otherwise, a division’s majority decision is the district’s decision.
Where does the authority to transfer an additional judge come from?
Article V, Section 6 of the Missouri Constitution.
Does this rule apply to both the Supreme Court and the Court of Appeals?
Yes, the rule addresses en banc and division decisions in both.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: en banc tie vote Missouri appellate courtdivision decision court of appealsadditional judge transferred to break tiemajority decision of the court