Missouri Motion to Amend a Previous Motion and Notice of Motion

State:
Multi-State
Control #:
US-01062BG
Format:
Word; 
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Description

Granting or denying a party's motion is generally within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or to increase in the cost of litigation.

The Missouri Motion to Amend a Previous Motion and Notice of Motion are legal documents used in the court system to request a change or modification to a previously filed motion and to provide notice of the intention to file a motion. In Missouri, there are different types of motions to amend a previous motion and notice of motion, including: 1. Motion to Amend a Previous Motion: — This motion is filed when a party seeks to modify or alter the relief sought in a motion that has already been submitted to the court. It could involve adding new arguments, correcting errors, or updating information in the original motion. 2. Motion to Amend a Previous Motion for Leave to File a Late Motion: — This type of motion is used when a party needs to request permission from the court to file a motion after the deadline has passed. It typically includes an explanation for the delay and the reasons why the court should grant the request. 3. Motion to Amend a Previous Motion for Reconsideration: — This motion is filed when a party wants the court to reconsider a previous ruling or decision based on new evidence, legal errors, or changed circumstances. It requires providing the court with compelling reasons to change its initial decision. When filing a motion to amend a previous motion and notice of motion in Missouri, it is essential to follow the correct procedures. The documents should include the relevant case information, such as names of the parties, case number, and court jurisdiction. It is crucial to clearly state the purpose of the motion, the specific changes requested, and the legal grounds supporting the amendment. The motion should be supported by persuasive arguments, legal citations, and evidence, if available. Once the motion is prepared, it must be filed with the appropriate court and served to all relevant parties. The motion should comply with the court's local rules regarding formatting, deadlines, and any additional requirements. It is advisable to consult with an attorney to ensure the motion meets all legal standards and has the best chance of success. In conclusion, the Missouri Motion to Amend a Previous Motion and Notice of Motion are important legal tools used to modify previously filed motions and provide notice to the court and opposing parties about such amendments. Different types of motions to amend exist, including motions to amend a previous motion, motions for leave to file a late motion, and motions for reconsideration. Following the correct procedures and providing persuasive arguments are crucial for the success of these motions.

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FAQ

Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.

78.10 ADDITUR AND REMITTITUR (a) Any party requesting additur or remittitur shall file a motion for such relief within the time prescribed by Rule 78.04 for filing a motion for new trial.

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.

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.

78.07 After-Trial Motion - Allegations of Error Required (a) In jury tried cases, except as otherwise provided in this Rule 78.07, allegations of error must be included in a motion for a new trial in order to be preserved for appellate review.

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 ...

78.04. Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.

More info

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Missouri Motion to Amend a Previous Motion and Notice of Motion