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Missouri Complaint For Declaratory Judgment for Return of Improperly Waived Insurance Premiums
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How to fill out Complaint For Declaratory Judgment For Return Of Improperly Waived Insurance Premiums?
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FAQ
Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.
87.01. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.
Steps in Seeking a Declaratory Judgment Review the facts of the case. Research and obtain additional evidence and title information from the client or the Missouri Department of Revenue. File a petition asking the appropriate court for a declaratory judgment.
If you still cannot resolve your problem and believe the company's action may have violated a Missouri statute or regulation, you may fill out a complaint form or call us on our Consumer Hotline at 800-726-7390. Note: DCI has no authority to act as a court of law to resolve questions of fact.
Rule 87.04 provides: When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.
In order for a Missouri Court to even entertain a declaratory judgment, it must be presented with: (1) a justiciable controversy that presents a real, substantial, presently-existing controversy admitting of specific relief, as distinguished from an advisory decree upon a purely hypothetical situation; (2) a plaintiff ...