Missouri Motion to Bar Use of Certain Aggravating Circumstances

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State:
Multi-State
Control #:
US-00806
Format:
Word; 
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Description

This Motion to Bar Use of Certain Aggravating Circumstances is a Motion filed by the Defendant bar use of aggravating circumstances because of its prejudice to the jury. This Motion is an exmple that can be used in any state.
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  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances

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FAQ

Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.

?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.

Missouri Statute 510.265 limits the amount that victims can receive in punitive damages to the lesser of: 5 times the compensatory damages awarded, or. $500,000.

The three categories of compensatory damages are medical expenses, lost earnings and earning capacity, and pain and suffering.

The biggest surprise is that it's an offer you can't refuse. You are not invited or asked to give a deposition. You receive a subpoena and are ordered to appear. In other words: While you don't have to talk to a police officer, you do have to testify when subpoenaed to give a deposition.

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, ...

(a) Scope. Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.

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.

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Missouri Motion to Bar Use of Certain Aggravating Circumstances