A Missouri Motion to Dismiss — Personal Injury is a legal document filed by the defendant in a personal injury case in an attempt to have the lawsuit dismissed. It requests the court to dismiss the case based on various grounds that question the validity or sufficiency of the plaintiff's claims. Keywords that are relevant for this topic include Missouri, Motion to Dismiss, Personal Injury, lawsuit, defendant, court, and grounds. There are a few different types of Missouri Motions to Dismiss that can be filed in a personal injury case. These include: 1. Motion to Dismiss for Lack of Subject Jurisdiction: This motion can be filed when the defendant believes that the court does not have the authority to hear the particular type of personal injury claim being brought by the plaintiff. For example, if the alleged incident occurred outside of Missouri, the defendant may argue that the Missouri court lacks subject jurisdiction to hear the case. 2. Motion to Dismiss for Failure to State a Claim: This type of motion argues that even if the plaintiff's version of events is true, it does not constitute a valid cause of action for personal injury. The defendant alleges that the facts presented do not support a legal claim, regardless of whether the plaintiff's injuries are legitimate. 3. Motion to Dismiss for Lack of Personal Jurisdiction: If the defendant believes that the court does not have authority over them due to lack of connection to Missouri, they may file a motion stating that the court lacks personal jurisdiction. Typically, this motion argues that the defendant does not live or operate within the state and therefore should not be sued there. 4. Motion to Dismiss for Failure to Comply with Statute of Limitations: The statute of limitations sets a time limit within which a lawsuit must be filed. If the plaintiff has failed to file their personal injury claim within the specified time period, the defendant may file a motion arguing that the lawsuit should be dismissed due to the expiration of the statute of limitations. When filing a Missouri Motion to Dismiss — Personal Injury, it is essential to carefully consider the specific grounds and legal requirements for each type of motion. Retaining a knowledgeable attorney who specializes in personal injury law can greatly assist in determining the appropriate legal strategy and improving the chances of success in court.
Missouri Motion to Dismiss - Personal Injury
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Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.
55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
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 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.
55.19. In actions for such damages based upon an alleged tort, no dollar amount or figure shall be included in the demand, but the prayer shall be for such damages as are fair and reasonable.
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.