Missouri Motion to Dismiss or Transfer - Civil Trial
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How to fill out Motion To Dismiss Or Transfer - Civil Trial?
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Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.
Missouri Supreme Court Rule 84.04(d) provides that appellate briefs must contain "points relied on,"3 the purpose of which is to inform the court and the party-opponent of the specific issues of the case.
83.02. A case disposed of by an opinion, memorandum decision, written order, or order of dismissal in the court of appeals may be transferred to this Court by order of a majority of the participating judges, regular and special, on their own motion or on application of a party.
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 ...
Under Rule 67.02, a plaintiff may dismiss a civil lawsuit at any time prior to the swearing of the jury panel for jury selection. For judge-tried cases, a plaintiff may dismiss at any time prior to the introduction of evidence at trial.
(1) Motions for Summary Judgment. A motion for summary judgment shall summarily state the legal basis for the motion. A statement of uncontroverted material facts shall be attached to the motion.
83.06. Exhibits consisting of written documents that are included in or attached to the suggestions shall be counted as part of the suggestions for purposes of the page limitation. No other exhibits shall be included in or attached to the suggestions or shall otherwise be filed.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.