§ 84.17 Post-Disposition Motions

Codes > Missouri Supreme Court Rules > Rules of > Part II : Rule 84 > 84.17

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. Within the same time, the filing party shall serve a copy of the motion and any suggestions upon all other parties.

    (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 and within the same time shall serve all other parties with a copy of the suggestions.

    (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.