This form requests that the court issue a partial summary judgment in favor of the plaintiff regarding the issue of liability in a personal injury case involving an automobile accident.
Missouri Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0052
Format:
Word;
Rich Text
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How to fill out Motion For Partial Summary Judgment On The Issue Of Liability?
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Rule 74.11 - Satisfaction of Judgment (a)Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.
74.08. Except as provided in Chapter 454, RSMo, or Chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.
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.
?A pleading may be amended once as a matter of course at any time before a responsive pleading is served?? Rule 55.33(a). A motion to dismiss is not a ?responsive pleading? which terminates a plaintiff's unilateral right to amend under Rule 55.33(a).
A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed ...
In the federal courts, Federal Rule 56 governs the summary judgment standard. In Missouri, however, summary judgment is governed under Rule 74.04. Summary judgment is appropriate only when (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.
The Court noted that Rule 74.05(d) permits a circuit court to set aside a default judgment upon motion stating facts showing good cause and a meritorious defense.
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.