by admin | May 13, 2021 | Civil Procedure, Missouri
When the same property is attached in several actions by different claimants, the court shall determine the priority, validity, good faith, and force and effect of the different attachments, and may dissolve any attachment, wholly or partially, or make such other...
by admin | May 13, 2021 | Civil Procedure, Missouri
Any bond in force in the attachment proceedings shall continue in force until the judgment is final in the trial court. If there is an appeal, any bond in force in the attachment proceedings shall continue in force until determination of the civil action.Mo. R. Civ....
by admin | May 13, 2021 | Civil Procedure, Missouri
Post-trial procedure and the procedure on appeal shall be the same in actions in which an attachment has been issued as in other civil actions.Mo. R. Civ. P. 85.16Adopted June 10, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is new. Compare: Prior Rule...
by admin | May 13, 2021 | Civil Procedure, Missouri
The final judgment shall include any findings which the court has made on any motion to dissolve the attachment.Mo. R. Civ. P. 85.15Adopted June 10, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is substantially the same as the second sentence of prior Rule...
by admin | May 13, 2021 | Civil Procedure, Missouri
(a) Motion. Attachments may be dissolved on motion made by the owner of the property at any time before final judgment.(b) Burden of Proof. The claimant shall have the burden of proving that the attachment was properly granted.(c) When Attachment Dissolved. An...
by admin | May 13, 2021 | Civil Procedure, Missouri
The owner of the property attached may file a written request for a hearing to determine whether the attachment should be dissolved. The hearing shall be held within ten days after the filing of the request.Mo. R. Civ. P. 85.13Adopted June 10, 1980, eff. Jan. 1,...
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