Missouri Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment

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Multi-State
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US-00926BG
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Word; 
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This form is a generic example of an affidavit of the defendant in support of defendant's motion to strike an affidavit which was filed in support of plaintiff's motion for summary judgment.
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FAQ

Missouri Rule Governing Summary Judgements Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for establishing the uncontroverted material facts which may support a summary judgment.

(a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment.

(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.

74.06. (a) Clerical Mistakes - Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for establishing the uncontroverted material facts which may support a summary judgment.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

Rule 74.03 requires service of a notice of the entry of an order or judgment by mail, in the manner described in Rule 43.01, upon each party who was not present in court in person or by attorney at the time of the entry of the order or judgment. Rule 74.03.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

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Missouri Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment