Missouri Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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Multi-State
Control #:
US-01531BG
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Word; 
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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form 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 to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal procedure available in the state of Missouri. This motion allows a plaintiff to request the court to include an additional party defendant as the real party in interest in a judgment. By doing so, the plaintiff aims to ensure that all relevant parties are included in the litigation process and any resulting judgment accurately reflects the parties involved. One type of Missouri Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is when a plaintiff realizes during the course of a lawsuit that an important party has been inadvertently left out of the original complaint. In such cases, the plaintiff may file this motion to request the court's permission to add the omitted party to the lawsuit as a defendant. This ensures that all necessary parties are included and the judgment can truly resolve the dispute at hand. Another scenario where this motion is relevant is when a plaintiff becomes aware of a previously unknown party whose involvement is critical to the case. In such instances, the plaintiff can request the court to amend or correct the judgment to include the additional party defendant as the real party in interest. This ensures that all parties who have an interest in the outcome of the lawsuit are included, allowing for a comprehensive resolution of the matter. When filing a Missouri Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest, certain keywords and information should be included to ensure the motion's relevance and effectiveness. The motion should clearly state the case name and number, the reasons for seeking the amendment, and the specific details regarding the additional party defendant that needs to be included. It should provide factual evidence and legal arguments supporting the addition of the party and explain how their involvement is crucial to the case. The party seeking the amendment should also offer a proposed amended judgment or complaint that reflects the inclusion of the additional party defendant. This document should be detailed, clearly identifying the party and their stake in the litigation. Additionally, the motion should comply with the relevant rules and procedures of the Missouri court in order to be considered valid and admissible. In conclusion, the Missouri Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a crucial legal tool that enables plaintiffs to ensure all the relevant parties are included in a lawsuit's judgment. By using the appropriate keywords and providing the necessary information, the motion can be effectively drafted and filed, allowing for fair and comprehensive resolution of the dispute.

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How to fill out Missouri Motion To Amend Or Correct Judgment To Include Additional Party Defendant As Real Party In Interest?

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FAQ

In Missouri, however, summary judgment is governed under Rule 74.04. Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.

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.

A motion for leave to amend answer and affirmative defenses is a request made by the defendant to the court to allow them to make changes or additions to their original answer and any affirmative defenses they have asserted in response to the plaintiff's complaint or petition.

A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

If the opposing party rejects the offer, and then subsequently fails ?to obtain a judgment more favorable than that offered, that party shall not recover costs [?] from the time of the offer but shall pay costs from that time.? Rule 77.04 not only serves as a mechanism to encourage settlement, but also as a strategic ...

The Rule permits a motion only on a question of law at the very preliminary stage of a proceeding and covers a very narrow scope. The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein.

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.

Missouri Supreme Court Rule 84.04(d) provides that appellate briefs must contain "points relied on,"3 the purpose of which is to inform the court and the party-opponent of the specific issues of the case.

More info

Jul 31, 2019 — 15(a) provides that a party may amend a claim once as a matter of course any time before a responsive pleading is served. If the pleading is one ... Rule 15(c) is amplified to state more clearly when an amendment of a pleading changing the party against whom a claim is asserted (including an amendment to ...Motion to Vacate, Set Aside, or Correct the Judgment or Sentence: This form is used to ask the court to vacate, set aside or correct a judgment or sentence in  ... Rule 052 -- Parties ; 52.01 -- Civil Actions -- In Whose Name Prosecuted -- Suits in Representation Capacity -- Civil Actions in Name of State -- Real Property ... Nov 1, 2019 — A party, intervenor, or proposed intervenor must file: Page 27. (1) the Disclosure Statement with its first appearance, pleading, petition, ... May 14, 2019 — A party filing a motion to amend or a motion for leave to file a pleading or other document that may not be filed as a matter of right must:. Jul 1, 2023 — Each party may file no more than one motion for summary judgment under rule 1.981. The motion may include more than one ground authorized ... The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to the person or ... by SG Marlow Jr · 1975 · Cited by 3 — Where the original petition is timely and states sufficient facts to notify the defendant of the nature of the suit but fails to state sufficient facts for ... May 10, 2022 — If the defendant objects to it, he must plead it specially, and unless the fact On which he relics is found to be true by a jury, or admitted to ...

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Missouri Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest