by admin | May 13, 2021 | Civil Procedure, Missouri
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.Mo. R. Civ. P. 87.07Committee Note – 1959 Note: This...
by admin | May 13, 2021 | Civil Procedure, Missouri
When a proceeding under Rule 87 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.Mo. R. Civ. P....
by admin | May 13, 2021 | Civil Procedure, Missouri
The word “person”, wherever used in Rule 87, shall be construed to mean any person (including a minor represented by a next friend or guardian ad litem, and any other person under disability lawfully represented), partnership, joint stock company,...
by admin | May 13, 2021 | Civil Procedure, Missouri
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves...
by admin | May 13, 2021 | Civil Procedure, Missouri
A contract may be construed either before or after there has been a breach thereof.Mo. R. Civ. P. 87.03Committee Note – 1959 Note: This rule is the same as Section 527.030, RSMo 1959. See Statutes for Venue.
by admin | May 13, 2021 | Civil Procedure, Missouri
(a) Persons Interested Under Deeds-Wills-Contracts-Statutes and the Like. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal...
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