Rule 83.05.Application -- Form -- Contents.
Part II · Rule 83: Transfers from Court of Appeals to This Court · Last amended January 1, 2025 · Last verified July 22, 2026
This rule prints three full, separately-dated versions in the official compilation; all three are shown below.
Full Text of Rule 83.05
Amendment History
Effective until July 1, 2024
Adopted June 1, 1971, eff. Jan. 1, 1972. Amended Apr. 27, 1999, eff. Jan. 1, 2000. Amended June 21, 2005, eff. Jan. 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012; Amended May 19, 2016, eff. Jan. 1, 2017; Amended Jan 19, 2017, eff. Jan 19, 2017; Amended August 15, 2023, eff. July 1, 2024.
Effective July 1, 2024; Effective until January 1, 2025
Adopted June 1, 1971, eff. Jan. 1, 1972. Amended Apr. 27, 1999, eff. Jan. 1, 2000. Amended June 21, 2005, eff. Jan. 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012; Amended May 19, 2016, eff. Jan. 1, 2017; Amended Jan 19, 2017, eff. Jan 19, 2017; Amended August 15, 2023, eff. July 1, 2024.
Effective January 1, 2025
Adopted June 1, 1971, eff. Jan. 1, 1972. Amended Apr. 27, 1999, eff. Jan. 1, 2000. Amended June 21, 2005, eff. Jan. 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012; Amended May 19, 2016, eff. Jan. 1, 2017; Amended Jan 19, 2017, eff. Jan 19, 2017; Amended August 15, 2023, eff. July 1, 2024; Amended June 4, 2024, eff. Jan. 1, 2025.
Plain-English Summary
Rule 83.05 is the formatting and content rule for transfer applications filed under Rules 83.01, 83.02, and 83.04. It caps the application at twelve pages and tells the applicant exactly how to organize it: the first page has to concisely lay out the questions of general interest, the existing law that needs reexamination, and any appellate opinions from this state that conflict with the court of appeals' ruling. An applicant can raise more than one ground for transfer, either together or as alternatives.
The rule pushes hard for brevity and precision. The grounds for transfer have to be stated in short, concise terms, free of argument or repetition, and nothing else can appear on the page that lays out those grounds. Falling short on accuracy, brevity, or clarity is, by the rule's own terms, enough reason on its own to deny the application. The rest of the application — beyond that first-page statement of grounds — covers the facts relevant to the request and the legal argument supporting transfer. Any written exhibits attached to the application count against the twelve-page limit, and no other exhibit type can be attached or filed separately.
The application also has to arrive with a package of supporting material: a cover page that follows Civil Procedure Form No. 15, the court of appeals' opinion or disposition order, proof that the court of appeals clerk was notified, and the docket fee set by Rule 81.04. All parties must be served with the application on or before the day it is filed.
The rule has been updated twice in recent years, and the changes are mostly a matter of renumbering and terminology, not a new procedure. The service citation moved from Rule 81.006 to Rule 84.026, and the version effective January 1, 2025 replaced references to a "motion for rehearing" with the newer Rule 84.17 "post-disposition motion." That same 2025 version also drops the older, separate requirement that applicants attach one copy of each party's court of appeals brief when the case below had been decided by memorandum decision or written order under Rule 30.25 or Rule 84.16 — the current version does not carry that attachment requirement forward. The twelve-page limit, the first-page statement of grounds, and the core list of required attachments otherwise carry through all three versions unchanged.
Frequently Asked Questions
How long can a transfer application be?
No more than twelve pages, and any written exhibits attached to the application count toward that limit.
What has to be on the first page of the application?
A concise statement of the questions of general interest and importance, the existing law that needs reexamination, and the appellate opinions from this state that conflict with the court of appeals' ruling.
Can an applicant raise more than one ground for transfer?
Yes. The rule allows more than one ground, whether asserted together or in the alternative.
What happens if the application is not accurate, brief, or clear?
The rule says that failure alone is sufficient reason to deny the application.
What documents must accompany the application?
A cover page conforming to Civil Procedure Form No. 15, the court of appeals' opinion or disposition order, proof of notice to the court of appeals clerk, and the docket fee set under Rule 81.04, along with the applicant's earlier court of appeals filings on the point.
Did the rule for service change?
Yes. Earlier versions cited Rule 81.006 for service of the application; the current version cites Rule 84.026 instead.
What changed effective January 1, 2025?
References to a court of appeals “motion for rehearing” were replaced with the newer Rule 84.17 post-disposition motion terminology, and the separate requirement to attach court of appeals briefs for memorandum-decision or written-order cases was dropped rather than carried forward.
Does an applicant have to attach exhibits beyond written documents?
No. Only written-document exhibits included in or attached to the application are permitted, and they count against the page limit; no other exhibits may be attached or separately filed.