First Adopted: June 13, 1979
Most Recently Effective: January 01, 2017
Rule 84 | Rules of Civil Procedure | Rules Relating to All Appellate Courts | Procedure in All Appellate Courts
84.17 | Post-Disposition Motions
(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.
Committee Note – 1983
The language "after the cause has been once reheard" was deleted from prior Rule 84.17 to allow the filing of a motion for rehearing when a motion for rehearing is sustained and another opinion is filed.
Note that Rule 83.04 contains conditions precedent for filing an application for transfer to this court.
(Adopted June 13, 1979, effective January 1, 1980. Amended July 27, 1979, effective July 27, 1979; amended June 24, 1982, effective January 1, 1983; amended September 10, 1982, effective January 1, 1983; amended September 28, 1993; amended February 23, 1996, effective January 1, 1997; amended March 20, 2001, effective January 1, 2002; amended February 27, 2002, effective January 1, 2003; amended June 17, 2004, effective January 1, 2005; amended May 19, 2016, effective January 1, 2017.)