This form is a sample motion requesting permission from the Court to permit a party to intervene as a party-plaintiff and file an intervenor's complaint in a personal injury action.
Missouri Motion to Intervene - Personal Injury
State:
Multi-State
Control #:
US-PI-0091
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion To Intervene - Personal Injury?
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FAQ
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.