Missouri Petition to Perpetuate Testimony when No Action Pending

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Rule 27(c) of the Federal Rules of Civil Procedure permits pre-litigation discovery to perpetuate testimony. Most states base their Rules of Civil Procedure on the Federal Rules in one form or another. 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.

The Missouri Petition to Perpetuate Testimony when No Action Pending is a legal process that allows individuals to preserve the testimony of witnesses or parties to a potential future lawsuit when no lawsuit has been filed yet. This petition can be particularly useful in situations where there is a risk of losing witness testimony due to their unavailability or vulnerability to forgetfulness. The key purpose of the Missouri Petition to Perpetuate Testimony when No Action Pending is to ensure that valuable evidence is not lost or forgotten over time. It provides a way to secure witness testimony by taking their deposition before any legal action has been initiated. This can be crucial in cases where there is a long delay between the occurrence of an event and the actual filing of a lawsuit, which might lead to witnesses' memories fading or witnesses becoming unavailable. By filing a Missouri Petition to Perpetuate Testimony when No Action Pending, the petitioner effectively seeks court authorization to obtain sworn statements from witnesses or parties involved in a potential future lawsuit. The purpose is to create a record of their testimony that can be used as evidence in support of their case when and if litigation becomes necessary. There are no different types or variations of the Missouri Petition to Perpetuate Testimony when No Action Pending. It is a procedural tool available to individuals in Missouri to ensure the preservation of vital witness statements and evidence when the possibility of future litigation exists but hasn't been initiated yet. In summary, the Missouri Petition to Perpetuate Testimony when No Action Pending is a legal mechanism used to preserve witness testimony and secure evidence in situations where there is a risk of losing valuable information due to time passing or witnesses becoming unavailable. Its purpose is to protect the interests of potential litigants by ensuring that crucial evidence is preserved for future use in a lawsuit, if necessary.

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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.

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, ...

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.

Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify.

The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.

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.

(a) Scope. Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.

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. 2.

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Mar 29, 1974 — (1) Petition. A person who desires to perpetuate testimony of any person regarding any matter that may be cognizable in any court of Missouri ... View on Westlaw or start a FREE TRIAL today, Rule 57.02 Form 1. Petition to Perpetuate Testimony, Secondary Sources.(a) Before an Action Is Filed. (1) Petition. A person who wants to perpetuate testimony about any matter cognizable in this court may file a verified ... A petition to perpetuate testimony for an anticipated action may be filed in the county of residence of any expected adverse party. Mo. R. Civ. P. 57.02(a)(1). (a) Before Action. (1) Petition. A person who desires to perpetuate their testi- mony or to obtain discovery under Rule 109 or Rule 110 regarding any matter ... A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed. Jul 1, 2023 — Rule 1.201. Real party in interest. Rule 1.202. Public bond. Rule 1.203. Partnerships. Rule 1.204. Foreign corporations. Rule 1.205. Cited by 3 — "Perpetuation of testimony that is not legally relevant to the [petitioner's] claims is unnecessary to 'prevent a failure or delay ofjustice. A written admission stating the date and place of service, signed by the person being served, may be filed with the clerk who shall file it with the pleadings. the action is pending of the clerk's action in entering any such order. Any ... action in awarding costs may file a motion for review of the clerk's award ...

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Missouri Petition to Perpetuate Testimony when No Action Pending