A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
Missouri Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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In addition to filing a legal memorandum explaining why summary judgment should be granted, Rule 74.04(c) instructs the movant that they must ?state with particularity in separately numbered paragraphs each material fact to which movant claims there is no genuine issue, with specific references to the pleadings, ...
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.
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.
A Missouri prisoner in custody must file a Form 40 within 90 days after the direct appeal is final to institute a Rule 29.15 proceeding challenging his conviction and/or sentence. Rule 29.15 is a mechanism to challenge a conviction with facts outside of the trial record.
Rule 84.03 - Format of Documents [Effective January 1, 2024] (a) Briefs filed in the appellate courts shall conform to the requirements of Rule 84.06. Transcripts filed in the appellate courts shall conform to the requirements of Rule 81.12.
(b) Memorandum Decisions and Written Orders. In a case where all judges agree to affirm and further believe that an opinion would have no precedential value, disposition may be by a memorandum decision or written order.
74.08. Except as provided in Chapter 454, RSMo, or Chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.
If an appellate court shall determine that an appeal is frivolous it may award damages to the respondent as the court shall deem just and proper.
