This form is a sample order granting the defendant's motion to consolidate the trials of two separate actions arising out of the same set of facts.
Missouri Order of Consolidation - Personal Injury
State:
Multi-State
Control #:
US-PI-0085
Format:
Word;
Rich Text
Instant download
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FAQ
The biggest surprise is that it's an offer you can't refuse. You are not invited or asked to give a deposition. You receive a subpoena and are ordered to appear. In other words: While you don't have to talk to a police officer, you do have to testify when subpoenaed to give a deposition.
The purpose of the CMC is to try to settle some or all of the issues. In some cases this may mean that a trial is not necessary; in other cases it may mean that the trial will be shorter and simpler. If all the issues cannot be settled at the CMC and a trial is necessary the CMC will be used to prepare for the trial.
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
Responses to discovery requests shall be made within 15 days of service of the request or not less than 10 days prior to trial, whichever is earlier. The response time may be extended for good cause, but no more than one extension may be granted without notice to the opposing party.
The motion to compel and any response are circulated among the attorneys for the parties in written form and filed with the court. The court holds a hearing at which the parties appear and argue their respective positions on the motion.
Answer-Thirty (30) Days If service is by mail, then the answer is due thirty (30) days "after the acknowledgment of summons and petition or return registered or certified mail receipt is filed in the case." Alternatively, the answer is due within forty-five (45) days after first publication. Mo. R. Civ.
If the motion to compel fails, a motion for sanctions may be the next step. Failure to act, or failure to answer, or failure to produce may lead to discovery sanctions under Rule 61.01 such as an order striking pleadings or parts thereof; or an order to pay reasonable expenses, including attorney fees.
Within 14 days from the time the motion is filed, each party opposing the motion must serve and file a brief written statement of the reasons in opposition to the motion. W.D. Mo.