This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Missouri Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
Format:
Word;
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FAQ
3. A dismissal without prejudice means that the prosecutor or circuit attorney has complete discretion to refile the case, as long as it is refiled within the time specified by the applicable statute of limitations. A dismissal with prejudice means that the prosecutor or circuit attorney cannot refile the case.
Rule 67.06 provides the following: On sustaining a motion to dismiss a claim, counterclaim or cross- claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed.
510.150. A dismissal without prejudice permits the party to bring another action for the same cause, unless the action is otherwise barred. A dismissal with prejudice operates as an adjudication upon the merits.
Any defendant may move for an involuntary dismissal in a civil action for failure of the plaintiff to prosecute a cause of action. Rule 67.03. "[A]n involuntary dismissal can only be made with prejudice if there is notice and an opportunity to be heard...." State ex rel. Willens v.
Missouri Rule 74.04(c) provides that a summary judgment shall be granted when the moving party shows "there is no genuine issue as to any material fact." Genuine issues are to be sharply distinguished from pleaded issues.
A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.
Rule 67.02 - Voluntary Dismissal-Effect of (a) Except as provided in Rule 52, a civil action may be dismissed by the plaintiff without order of the court anytime: (1) Prior to the swearing of the jury panel for the voir dire examination, or (2) In cases tried without a jury, prior to the introduction of evidence at the ...
