Missouri Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


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.

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FAQ

Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Punitive damages are given on top of compensatory damages when the misconduct was deemed grossly negligent, intentional, or malicious. These are designed to deter the defendant from repeating harm or misconduct in the future.

You may award punitive damages only if [name of plaintiff] proves by clear and convincing evidence that [name of defendant] engaged in that conduct with malice, oppression, or fraud.

The three categories of compensatory damages are medical expenses, lost earnings and earning capacity, and pain and suffering.

Section 534.120 - Failure to prosecute, nonsuit. 534.120. Failure to prosecute, nonsuit. ? If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.

In determining whether to award punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from (defendant's) conduct; (2) (defendant's) awareness or reckless disregard of the likelihood that such serious harm ...

Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.

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Missouri Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License