Missouri Demand for Discovery in an Action for an Accounting

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
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Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

Missouri Demand for Discovery in an Action for an Accounting is a legal document used in a civil lawsuit to obtain information and evidence regarding financial transactions and records relevant to the case. This demand is commonly utilized in cases where one party is seeking an accounting from another party, such as a business partner, trustee, or executor. Keywords: Missouri, Demand for Discovery, Action for an Accounting, legal document, civil lawsuit, financial transactions, records, business partner, trustee, executor. There can be different types of Missouri Demand for Discovery in an Action for an Accounting, including: 1. General Missouri Demand for Discovery in an Action for an Accounting: This type of demand is filed when the plaintiff wants access to financial records and transactions related to the overall accounting of a business or organization. 2. Missouri Demand for Discovery in an Action for an Accounting of Trust Assets: This demand is specific to cases involving trusts, where the plaintiff or beneficiary seeks an accounting of the trust's assets, income, and expenses. 3. Missouri Demand for Discovery in an Action for an Accounting of Partnership: In disputes arising from partnerships, this demand is used to request a comprehensive accounting of the partnership's finances, including profits, losses, distributions, and contributions. 4. Missouri Demand for Discovery in an Action for an Accounting of Estate: When dealing with disputes concerning an estate, this demand is employed to obtain information about the assets, liabilities, income, and expenses of the estate in question. 5. Missouri Demand for Discovery in an Action for an Accounting of Receivership: In cases where a receiver has been appointed to oversee the financial affairs of a business or property, this demand is used to seek an accounting of the receiver's management, including the disbursement of funds and expenses. 6. Missouri Demand for Discovery in an Action for an Accounting of Guardianship: This demand is utilized when a guardian is being questioned about their management of a ward's financial affairs, requiring them to provide relevant financial records and transactions. It is important to note that the specific format and content of a Missouri Demand for Discovery in an Action for an Accounting may vary depending on the circumstances of the case and the guidance provided by Missouri's civil procedure rules. It is advisable to consult an attorney or legal expert experienced in Missouri law to ensure compliance with all necessary requirements.

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Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents, electronically stored information, or things or permission to enter upon land or other property, for inspection and other purposes; physical and ...

(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.

Probate About. value is. All estates with a total value of $40,000.00 or more, must be handled by an attorney. Property that is jointly held, TOD, transferred on death, POD, payable on death, has living beneficiaries or is listed under a trust, may not have to go through Probate.

The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed.

A petition for discovery of assets is a procedural vehicle for alleging a substantive cause of action and should be filed in the estate proceeding.

Under Missouri law, creditors have six months from the date of publication to file a claim against the estate. After the notice period is over, if all estate matters are otherwise concluded, the probate estate can be closed within about 60 days thereafter.

A ?discovery of assets? claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate's name.

Probate Estate ? real estate and personal property owned by the decedent and subject to administration supervised by the probate court, including any income after death. Publication ? notice published in a newspaper in the county where the decedent resided.

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Aug 28, 2017 — A plaintiff must file a petition in the Court of Appeals or the Supreme. Court within 30 days after mailing or delivery of a final decision ( ... A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter ...— 1. The principal may petition the court for an accounting by the principal's attorney in fact or the legal representative of the attorney in fact. If the ... Jun 1, 2019 — However, even the amended federal rules could apply to discovery of emails in Missouri. The federal production rule is now divided into two ... Nov 1, 2019 — If an action is not filed on a Court-provided form, the Court, in its discretion, may order the self-represented plaintiff or petitioner to file ... The party who serves a notice of examination first is entitled to examine first and to complete their examination before being examined by the other party. (i) Prepare a précis of the discovery, and a brief of the exhibits marked at discovery. (j) If any corrections to discovery answers are needed, promptly write. Missouri courts have consistently held that prohibition is the proper remedy to review a trial court order improperly requiring discovery. State ex rel. Gray v. by J Eichengrun · 1985 · Cited by 69 — Equity also granted the remedy of an "accounting" when one of the parties to an action at law sought discovery in a case of disputed accounts. This is but ... by L Sheinkopf Hoffman · 2007 · Cited by 77 — discovery cannot certify that the investigatory effort is likely to un- cover some evidence to support a viable cause of action. Recognizing this ...

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Missouri Demand for Discovery in an Action for an Accounting