Missouri Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

• Category: Civil Procedure - Motions - Sample Motions
• State: Multi-State
• Control #: US-MOT-01427
• Format: Word; Rich Text

Description

This is a multi-state form covering the subject matter of the title.

In the Missouri legal system, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a crucial legal document that allows parties involved in a lawsuit to request more time to gather evidence, conduct discovery, or present their arguments before the court. Often, the need for additional time arises due to various factors such as the complexity of the case, unavailability of witnesses or experts, or the need to collect essential documents or evidence. The purpose of a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is to ensure that both sides of a legal dispute have ample opportunity to present their case in a fair and thorough manner. There are different types of motions for continuance available in Missouri, including: 1. Motion for Continuance to Complete Discovery: This motion is typically filed when one party requires additional time to gather important facts, documents, or information necessary to support their legal arguments. It may be granted when the requesting party can demonstrate that they have made reasonable efforts to obtain the necessary information but require more time to do so. 2. Motion for Continuance of Summary Judgment Motion: In certain cases, a party may file a motion for continuance to delay the court's ruling on a summary judgment motion. A summary judgment motion is filed when one party contends that there are no genuine disputes of material fact and therefore, judgment should be made without a trial. The motion for continuance may be necessary if the opposing party needs more time to gather evidence or present arguments to refute the summary judgment motion. When drafting a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion, it is crucial to include the following elements: 1. Case details: Begin by providing the court with the names of the parties involved, the case number, and the court where the lawsuit is pending. 2. Reason for the motion: Clearly state the reasons why the continuance is being sought, whether it is to complete discovery, respond to a summary judgment motion, or both. Explain the circumstances that have necessitated the need for more time and outline any efforts made thus far. 3. Supporting evidence: Attach any supporting documents, such as affidavits, deposition transcripts, or communications, that substantiate the need for additional time. This will help convince the court that the motion is justified. 4. Proposed timeline: Specify the duration of the requested continuance and propose a new date for completing discovery or responding to the summary judgment motion. 5. Prejudice to the opposing party: Address any potential prejudice that the opposing party may face as a result of the granted continuance. Offer remedies such as granting reciprocal extensions or adjusting the trial schedule to mitigate any harm. 6. Conclusion: Summarize the main points of the motion and reiterate the necessity and fairness of the requested continuance. In summary, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion allows parties in a Missouri lawsuit to request additional time to gather evidence, respond to motions, or present their case. This motion serves to ensure fairness and a thorough examination of the issues at hand.