Missouri Motion to Intervene — Personal Injury is a legal process by which a third party seeks to join an ongoing personal injury lawsuit to protect its interests or assert its rights in the case. This intervention motion allows an external entity to become a party to the litigation and participate in the legal proceedings. In personal injury cases, there may be different scenarios and types of Missouri Motions to Intervene, each serving their own purpose. Some key categories can include: 1. Insurance Company Motion to Intervene — Personal Injury: An insurance company may file a motion to intervene if it believes it has a stake in the outcome of the personal injury case. It may seek to protect its rights to recover any money it has paid out to the injured party or assert its subrogation rights. 2. Employer Motion to Intervene — Personal Injury: When an employee suffers a work-related injury and files a personal injury lawsuit against a third party, the employer may file a motion to intervene. This type of motion is typically aimed at protecting the employer's interests and helping determine potential liability for workers' compensation benefits paid. 3. Government Agency Motion to Intervene — Personal Injury: In personal injury cases where a government agency has an interest, such as when a public entity is involved or if government benefits were provided to the injured party, the agency may file a motion to intervene to protect its rights or seek reimbursement. 4. Medical Provider Motion to Intervene — Personal Injury: Medical providers involved in the treatment of the injured party may file a motion to intervene to ensure they can recover unpaid bills or assert their medical lien rights. This allows them to participate in the litigation to protect their interests and potential claims. 5. Co-defendant Motion to Intervene — Personal Injury: In situations where multiple defendants are involved in a personal injury lawsuit, one defendant may file a motion to intervene in order to protect their own interests separate from the main defendant or to assert claims against other co-defendants. Regardless of the type of motion, the process typically involves filing a formal legal document with the court, specifying the reasons for intervention and providing supporting evidence. The court will then evaluate the motion and decide whether to grant or deny the intervention request, considering factors such as the timeliness of the motion, potential prejudice to existing parties, and the intervenes interest in the case. It's important to consult with an experienced attorney in Missouri to understand the specific requirements and procedures related to a Motion to Intervene — Personal Injury, as they can vary based on individual circumstances and the nature of the case.
Missouri Motion to Intervene - Personal Injury
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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.
?Rule 52.12(b) permits intervention in three instances: '(1) when allowed by statute; (2) when an applicant's claim or defense and the main action have a question of law or fact in common; or (3) when the state is seeking intervention in a case raising constitutional or statutory challenges.
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.
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.
537.065. Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract, when ? procedure ? applicability to covenant not to execute, requirements ? insurer defined.
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.
Under RSMo. 537.080, the class with first priority to sue includes the deceased's spouse, children, surviving lineal descendants of any deceased children, and the deceased's parents.