Rule 55.28 – Evidence on Motions

by | May 13, 2021 | Civil Procedure, Missouri

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.Mo. R. Civ. P. 55.28Adopted...

Rule 55.26 – Motions, Form of

by | May 13, 2021 | Civil Procedure, Missouri

(a)Written Motion-When Required. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought....

Rule 55.25 – Time of Pleading

by | May 13, 2021 | Civil Procedure, Missouri

(a)Answer-When Filed. 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...

Rule 55.24 – Pleadings, How Construed

by | May 13, 2021 | Civil Procedure, Missouri

All pleadings shall be so construed as to do substantial justice.Mo. R. Civ. P. 55.24Adopted Jan. 19, 1973, eff. Sept. 1, 1973.Committee Note – 1974 This is the same as prior Rule 55.26. Compare: Rule 8(f) of the Federal Rules of Civil Procedure.