Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 2017 · Last verified July 22, 2026
In one sentenceRule 84.17 gives parties fifteen days after an appellate opinion, order, or memorandum decision to file a motion for rehearing, a motion to modify, or a motion to publish, and generally bars a second motion for rehearing once the first one is denied without a material change to the decision.
(a)Post-disposition motions. In addition to an application for transfer under Rule 83, any party may file the following post-disposition motions:
(1)A motion for rehearing. The motion shall briefly and distinctly state the grounds upon which rehearing is sought. The purpose of a motion for rehearing is to call attention to material matters of law or fact overlooked or misinterpreted by the court, as shown by its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal. Reargument of issues determined by the court will be disregarded.
(2)A motion to modify. The motion shall briefly and distinctly state the grounds upon which modification is sought. The purpose of a motion to modify is to correct errors of law or fact that do not affect the disposition of the case.
(3)A motion to publish an opinion. The motion shall briefly and distinctly explain why the court’s disposition of the appeal has precedential value, in whole or in part.
(b)Procedure for filing. A motion under this Rule 84.17 shall be filed within 15 days after the court files its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal and may be accompanied by suggestions in support containing citation of authority.
(c)Responses. No suggestions in opposition to a post-disposition motion shall be filed unless requested by the court. Within ten days after the court’s request for the suggestions, any party may file suggestions in opposition to the motion.
(d)Repetitive motions. If a motion for rehearing is overruled and the opinion is not materially modified, no further motion by the same party for rehearing or to set aside the order overruling the motion for rehearing may be filed. If the opinion is materially modified, any party may file a motion for rehearing as though the modified opinion is the original opinion.
Rule 84.17 sets out three distinct post-disposition motions and one filing deadline for all of them. A motion for rehearing calls the court’s attention to material matters of law or fact the opinion overlooked or misinterpreted; it isn’t a vehicle for reargument, and the rule says reargument of issues the court already decided will be disregarded. A motion to modify seeks correction of errors of law or fact that don’t affect how the case came out. A motion to publish argues that a decision’s disposition of the appeal has precedential value, in whole or in part, and should be published.
Whichever motion a party files, it must be filed within fifteen days after the court files its opinion, written order under Rule 84.16(b) or Rule 30.25(b), memorandum decision, or order of dismissal, and it may come with suggestions in support. Suggestions in opposition are filed only if the court asks for them, and a party then has ten days from that request to respond.
The rule limits repeat rehearing motions: if a motion for rehearing is overruled and the opinion isn’t materially modified as a result, that same party can’t file another motion for rehearing, or a motion to set aside the order overruling it. But if the opinion is materially modified, any party may treat the modified opinion as the original and file a motion for rehearing directed at it.
Frequently Asked Questions
How long do I have to file a motion for rehearing?
Fifteen days after the court files its opinion, written order, memorandum decision, or order of dismissal.
What’s the difference between a motion for rehearing and a motion to modify?
A motion for rehearing points to law or fact the opinion overlooked or misinterpreted, while a motion to modify seeks correction of errors that don’t change the outcome of the case.
What does a motion to publish do?
It argues that an otherwise unpublished decision has precedential value and should be published, in whole or in part.
Can the other side respond to my post-disposition motion?
Only if the court requests suggestions in opposition, in which case the other party has ten days to respond.
Can I file a second motion for rehearing after my first one is denied?
No, unless the opinion was materially modified as a result of the first motion.
Is this the same procedure as applying for transfer to the Supreme Court?
No, an application for transfer under Rule 83 is a separate track from the post-disposition motions in Rule 84.17.
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:motion for rehearing Missouri appealmotion to publish an opinionpost-disposition motion deadlinemotion to modify appellate decision