A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Missouri Motion of Plaintiff Requesting Court to Reconsider an Order and Reimburse Attorney's Fees and Medical Costs - Notice of Motion to Defendant
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How to fill out Motion Of Plaintiff Requesting Court To Reconsider An Order And Reimburse Attorney's Fees And Medical Costs - Notice Of Motion To Defendant?
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FAQ
Every so often a party will file a motion to reconsider after an issue is decided against a party. This is, in effect, an effort to re-argue a motion or topic. Some cases have observed that motions for consideration have no legal effect because the Missouri civil procedure rules do not recognize such a motion.
A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.
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.
The purpose of a motion for rehearing is to call attention to material matters of law or fact overlooked or misinterpreted by the court, as shown by its opinion, written order under Rules 84.16(b) or 30.25(b), memorandum decision, or order of dismissal. Reargument of issues determined by the court will be disregarded.
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.
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.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.