A motion to compel discovery is a request for the court to order the opposing side to disclose or produce discovery. The federal and state rules require that the parties attempt to resolve the issue before resorting to court action.
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
Under revised Rule 56.01(b)(2), a court must limit the frequency or extent of discovery in particular circumstances. In particular, if a court determines that the discovery sought is duplicative, outside the scope of discovery or can be obtained through less burdensome means, the court must limit the discovery.
The Discovery Rule allows the 5 year clock to begin when the injury is first noticed, or should have been noticed. This rule acknowledges the fact that some accident victims have delayed injuries that do not show up right away.
Under Missouri law, “a motion to enforce settlement is a collateral action which imposes on the party seeking specific performance 'the burden of proving, by clear, convincing and satisfactory evidence, his claim for relief.
Missouri is one of about 30 states that also have “stand your ground” laws, which provide even broader self-defense rights regardless of the location.
A defendant shall file his answer within thirty days after the service of the summons and petition upon him, except where service by mail is had, in which event a defendant shall file his answer within thirty days after the return registered mail receipt, as required by subsection 2 of section 506.160, RSMo, and ...
If the motion to compel fails, a motion for sanctions may be the next step. Failure to act, or failure to answer, or failure to produce may lead to discovery sanctions under Rule 61.01 such as an order striking pleadings or parts thereof; or an order to pay reasonable expenses, including attorney fees.
If a notice of appeal is timely filed by a party, any other party may file a notice of appeal within ten (10) days of the date the first of notice of appeal was filed. Rule 81.04(b). The Court generally consolidates all appeals arising from the same circuit court judgment into one case for judicial efficiency.
Every civil action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another and a party authorized by statute may sue in their own names in such ...
The best evidence rule generally requires that only original documentation may be admitted as evidence at trial to show the terms of the document/writing. A duplicate is not admissible under the best evidence rule.
Requests or motions for discovery may be made after the filing of the indictment or information. Requests or motions for discovery shall be made not later than twenty days after arraignment. Requests or motions for discovery shall be answered within fourteen days after service of the request.
A “discovery of assets” claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate's name.
According to rule 37, the moving party must give the appropriate notice to the responding party. This allows the other party the opportunity to answer the alleged inadequate responses. Thereafter, if the questions have not been adequately responded to, then the moving party may ask the court for a motion to compel.
Rule 74.06(b) states: On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), ...
To be included on a list of neutrals, Rule 17 requires the person to have appropriate training or equivalent experience in conducting the dispute resolution procedure or procedures offered by that neutral. To be included on the list as a mediator, a person must have a minimum of 16 hours of formal training.
If your present offense is included in this list, then the minimum terms of imprisonment before parole are as follows: 1 Prior Commitment: Must serve minimum of 40% of sentence. 2 Prior Commitments: Must serve minimum of 50% of sentence. 3 Prior Commitments: Must serve minimum of 80% of sentence.
4) Courts may require the prosecuting or circuit attorney to file a filing information sheet for each criminal case filed. The filing information sheet shall contain defendant's name, defendant's address, date of birth and charges.
A judge may limit the number of media personnel and amount of media equipment in a courtroom covering a judicial proceeding and may require other media personnel to pool coverage in accordance with this operating rule and as a judge deems appropriate under particular circumstances.
Accordingly, Rule 57.01(a) (as provided and promulgated by the Supreme Court) still technically reads as: (a) Scope. Any party may serve upon any other party written interrogatories. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.
Contempt of Court
Under Missouri law, a court may hold someone in contempt for “willful disobedience of any process or order lawfully issued or made by it.” Penalties may include a fine or imprisonment in county jail, or both.
Within ten days of service or within fourteen days of mailing of a subpoena, a customer may file a motion to quash the subpoena, or an action to enjoin a government authority from obtaining financial records pursuant to a written process.
Rule 55.08 provides: “A pleading that sets forth an affirmative defense or avoidance shall contain a short and plain statement of the facts showing that the pleader is entitled to the defense or avoidance.” The goal of fact pleading is the quick, efficient, and fair resolution of disputes.
Under Missouri law, a court may enter a default judgment against a party for failing to appear in court or for failing to timely file an answer to a pleading.
In Missouri, however, summary judgment is governed under Rule 74.04. Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.