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.
The Discovery Rule allows the 5 year clock to begin when the injury is first noticed, or should have been noticed. This rule acknowledges the fact that some accident victims have delayed injuries that do not show up right away.
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
“All parties shall make reasonable efforts to cooperate for the purpose of minimizing the burden or expense of discovery.” Better known as the “Golden Rule Letter,” it should be attached to a motion to compel to evidence to the court that a good-faith effort has been made.
Rule 25.04 Disclosure by State to Defendant by Court Order Requiring a Showing of Good Cause. In some cases, the prosecution may have evidence not covered in Rule 25.03.
Every civil action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another and a party authorized by statute may sue in their own names in such ...
In addition to Rule 29.15, Missouri Supreme Court Rule 91 gives prisoners a right to file a petition for a writ of habeas corpus before the state courts.
The best evidence rule generally requires that only original documentation may be admitted as evidence at trial to show the terms of the document/writing. A duplicate is not admissible under the best evidence rule.
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.
Interrogatories and answers under this Rule 57.01 shall not be filed with the court except upon court order or contemporaneously with a motion placing the interrogatories in issue. However, both when the interrogatories and answers are served, the party serving them shall file with the court a certificate of service.
A “discovery of assets” claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate's name.
The new R.S.Mo 490.065 adopts Federal Rules of Evidence 702 which provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: Page 4 4 (a) the expert's scientific, technical, or other specialized knowledge will help the ...
Missouri is one of the few states that does not have an evidence code or stated rules of evidence.
If a notice of appeal is timely filed by a party, any other party may file a notice of appeal within ten (10) days of the date the first of notice of appeal was filed. Rule 81.04(b). The Court generally consolidates all appeals arising from the same circuit court judgment into one case for judicial efficiency.
If the member begins the pension before age 65, the benefit will be reduced by 4% for each year prior to the normal service retirement date. RULE OF 85 RETIREMENT is a special early retirement benefit without the usual reduction if a member's age plus creditable service at time of termination equals or exceeds 85.
Unless interrogatories are served with original pleadings, responses must be served within 30 days of service. If interrogatories are served with original pleadings, responses must be served within 45 days of the earlier of the date the party was served or entered an appearance.
Every pleading, motion, and other filing shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party. An attorney who assists in the preparation of a pleading, motion, or other filing for an otherwise self-represented person is not required to sign the document.
(5) All pleadings and documents filed with the Advisory Committee or this Court shall be redacted in accordance with Rule 84.015. The responsibility for redacting such information rests solely with counsel, the parties, or any other person preparing, offering, or filing the document.
Under Rule 13.01, an eligible student may appear in court or before an administrative tribunal in Missouri on behalf of any person who is: (1) Indigent, or (2) a client represented by a clinic chartered by an American Bar Association approved law school, if the person on whose behalf the student is appearing has ...
General Rule: Propensity Evidence Not Admissible
It is considered propensity evidence, meaning there is a risk the jury will find the defendant guilty of the charged crime simply because he committed other crimes in the past and therefore has shown a propensity to be a criminal.
To be included on a list of neutrals, Rule 17 requires the person to have appropriate training or equivalent experience in conducting the dispute resolution procedure or procedures offered by that neutral. To be included on the list as a mediator, a person must have a minimum of 16 hours of formal training.
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.
Rule 30.01 - Right to and Manner of Appeal (a) Right to Appeal. After the rendition of final judgment in a criminal case, every party shall be entitled to any appeal permitted by law. Appeals may be taken as provided in Rule 81.04 and Rule 81.08.
After the filing of a felony complaint, a preliminary hearing shall be held within a reasonable time, but no later than 30 days following the defendant. s initial appearance if the defendant is in custody and no later than 60 days if the defendant is not in custody.
Supreme Court Rules - Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial: Misdemeanors or Felonies - Order of Trial. The order of trial by jury in felony cases shall be as follows: (a) The court shall read to the jury panel MAI-CR 4th 400.02. (b) The voir dire examination shall be conducted.