Missouri Motion to Vacate Order of Arrest for Lack of Jurisdiction

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Multi-State
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US-00768BG
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This form is a Motion to Vacate Order of Arrest for Lack of Jurisdiction.

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FAQ

Missouri Court Rules. Rule 58 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes. Rule 58.02 - Subpoena to Non-Party for Production of Documents and Things.

55.28. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed ...

This Rule 29.15 provides the exclusive procedure by which such person may seek relief in the sentencing court for the claims enumerated. The procedure to be followed for motions filed pursuant to this Rule 29.15 is governed by the rules of civil procedure insofar as applicable.

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.

55.08. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court may treat the pleadings as if there had been a proper designation.

To initiate proceedings under Rule 24.035, a person convicted of a felony on a plea of guilty must ?file a motion to vacate, set aside, or correct the judgment substantially in the form of Criminal Procedure Form 40.? Rule 24.035(b).

55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.

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Missouri Motion to Vacate Order of Arrest for Lack of Jurisdiction