Missouri Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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An application for a continuance shall be made by a written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based, unless the adverse party consents that the application for continuance may be made orally. Application for Continuance, How Made, Mo. R. Civ. P. 65.03 - Casetext casetext.com ? missouri-rules-of-civil-procedure casetext.com ? missouri-rules-of-civil-procedure
Hear this out loud PauseA continuance motion can be filed by either the defendant's criminal defense lawyer or the prosecuting agency. If the judge decides to grant the motion, the hearing or trial is delayed for a necessary period to resolve the issue that made the continuance necessary.
Hear this out loud PauseRule 74.05 - Entry of Default Judgment (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.
Hear this out loud Pause78.04. Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds. Continuance - Wikipedia wikipedia.org ? wiki ? Continuance wikipedia.org ? wiki ? Continuance
Missouri Rule 74.04(c) provides that a summary judgment shall be granted when the moving party shows "there is no genuine issue as to any material fact." Genuine issues are to be sharply distinguished from pleaded issues. Summary Judgments in Missouri-Some Disturbing Aberrations missouri.edu ? cgi ? viewcontent missouri.edu ? cgi ? viewcontent
The motion should be no more than two pages; one is better. Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr. How To Win A Summary Judgment by Attorney Nina Kallen kallenlawyer.com ? articles ? winning kallenlawyer.com ? articles ? winning
