Missouri Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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How to fill out Sample Letter For Plaintiff's Response To Defendant's Motion For Attorneys Fees?
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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.
513.612. Right to file motion to dismiss ? jury trial. ? Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days.
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.
A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.
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.
Rule 74.16 - Attorney Fees (a) Claim to be made by motion. A claim for attorney fees and related nontaxable expenses must be made by motion filed under this Rule 74.16, unless the substantive law requires those fees to be proved at trial as an element of damages.
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.
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.
