Missouri Motion to Compel and For Attorney's Fees and Expenses

State:
Multi-State
Control #:
US-MOT-01420
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Word; 
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This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.

Missouri Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in a Missouri court that seeks to compel the opposing party to comply with a discovery request and to award attorney's fees and expenses incurred as a result of the non-compliance. This motion is commonly used in civil cases, particularly during the discovery phase of litigation. The purpose of the Motion to Compel is to request the court's intervention when one party fails to provide relevant and necessary information or documents that are requested by the other party through the formal discovery process. The party seeking the motion asserts that the opposing party's non-compliance is causing a delay in the litigation and preventing them from obtaining crucial evidence to support their case. The motion outlines the specific requests that have been disregarded or insufficiently answered and explains the reasons why compliance is necessary for a fair resolution of the case. In addition to compelling compliance, the motion may also request the court to award attorney's fees and expenses incurred as a result of the non-compliance. This is sought to compensate the requesting party for the extra costs and efforts required to bring the motion to compel before the court. The fees and expenses typically include attorney's hourly rates, court filing fees, research costs, and other relevant expenses. The requesting party must demonstrate that the opposing party's failure to comply with the discovery requests was unjustified or in bad faith, thus warranting the award of attorney's fees and expenses. There are different types of Missouri Motions to Compel and For Attorney's Fees and Expenses that can be filed depending on the specific circumstances of the case. Some common variations could include: 1. Motion to Compel Initial Discovery: This motion is used when the opposing party fails to respond to the initial discovery requests within the specified time frame or provides incomplete or evasive answers. 2. Motion to Compel Additional Discovery: This type of motion is filed when the opposing party provides insufficient or incomplete responses to subsequent discovery requests, or fails to produce requested documents or information altogether. 3. Motion to Compel Expert Discovery: This motion is utilized when the opposing party refuses to comply with requests for expert witness information, reports, or deposition testimony, hindering the requesting party's ability to evaluate or prepare for trial. 4. Motion for Attorney's Fees and Expenses: This motion seeks solely to recover attorney's fees and expenses incurred as a direct result of the opposing party's failure to comply with discovery requests. It may be filed separately or in conjunction with a Motion to Compel. In conclusion, a Missouri Motion to Compel and For Attorney's Fees and Expenses is a legal tool by which a party can request the court's intervention to enforce compliance with discovery requests and seek reimbursement for resulting attorney's fees and expenses. Filing this motion allows the requesting party to push the opposing party to fulfill their obligations and gather essential evidence, ensuring a fair and efficient litigation process.

Missouri Motion to Compel and For Attorney's Fees and Expenses is a legal document filed in a Missouri court that seeks to compel the opposing party to comply with a discovery request and to award attorney's fees and expenses incurred as a result of the non-compliance. This motion is commonly used in civil cases, particularly during the discovery phase of litigation. The purpose of the Motion to Compel is to request the court's intervention when one party fails to provide relevant and necessary information or documents that are requested by the other party through the formal discovery process. The party seeking the motion asserts that the opposing party's non-compliance is causing a delay in the litigation and preventing them from obtaining crucial evidence to support their case. The motion outlines the specific requests that have been disregarded or insufficiently answered and explains the reasons why compliance is necessary for a fair resolution of the case. In addition to compelling compliance, the motion may also request the court to award attorney's fees and expenses incurred as a result of the non-compliance. This is sought to compensate the requesting party for the extra costs and efforts required to bring the motion to compel before the court. The fees and expenses typically include attorney's hourly rates, court filing fees, research costs, and other relevant expenses. The requesting party must demonstrate that the opposing party's failure to comply with the discovery requests was unjustified or in bad faith, thus warranting the award of attorney's fees and expenses. There are different types of Missouri Motions to Compel and For Attorney's Fees and Expenses that can be filed depending on the specific circumstances of the case. Some common variations could include: 1. Motion to Compel Initial Discovery: This motion is used when the opposing party fails to respond to the initial discovery requests within the specified time frame or provides incomplete or evasive answers. 2. Motion to Compel Additional Discovery: This type of motion is filed when the opposing party provides insufficient or incomplete responses to subsequent discovery requests, or fails to produce requested documents or information altogether. 3. Motion to Compel Expert Discovery: This motion is utilized when the opposing party refuses to comply with requests for expert witness information, reports, or deposition testimony, hindering the requesting party's ability to evaluate or prepare for trial. 4. Motion for Attorney's Fees and Expenses: This motion seeks solely to recover attorney's fees and expenses incurred as a direct result of the opposing party's failure to comply with discovery requests. It may be filed separately or in conjunction with a Motion to Compel. In conclusion, a Missouri Motion to Compel and For Attorney's Fees and Expenses is a legal tool by which a party can request the court's intervention to enforce compliance with discovery requests and seek reimbursement for resulting attorney's fees and expenses. Filing this motion allows the requesting party to push the opposing party to fulfill their obligations and gather essential evidence, ensuring a fair and efficient litigation process.

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2d at 267. Under Rule 55.15, all averments of fraud must state with particularly the circumstances constituting the fraud, although malice, intent, knowledge, and any other condition of mind may be averred generally.

Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify.

A pleading that sets forth an affirmative defense or avoidance shall contain a short and plain statement of the facts showing that the pleader is entitled to the defense or avoidance.

55.07. Specific averments that are not denied are admitted, except for the amount of damages. Mo.

We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.

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 summons and petition or return registered or certified mail receipt is filed ...

55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.

55.28. 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.

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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. The moving party must file with each motion a memorandum in support of the motion, including any relevant argument and citations to any authorities on which the ...Once that certification is granted by Legal Services, the court must approve payment of all costs. State of Missouri ex rel. A. “Hiding the Ball:” Make Sure You Get Documents and Discovery That You Are Entitled To. Under the Missouri Supreme Court Rules, “parties may obtain ... The amendment to Rule 61.01(d) deleted the former requirement that a motion to compel be filed before seeking sanctions. This change made the Missouri request. May 14, 2019 — To withdraw from a case, an attorney must file a motion to withdraw. The Court may grant the motion only upon a showing of good cause, which ... Nov 1, 2019 — Rule 8.02 (FRCP 54) Motions for Attorney's Fees. A party seeking an award of attorney's fees shall file a motion for attorney's fees no ... On motion to compel discovery or for a protective order, the ... The provisions of Rule 61.01 apply to the award of expenses incurred in relation to the motion. Failure to Make Discovery; Sanctions. (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected ... ... in ruling on a petition for attorney fees and costs, the Supreme Court has emphasized that courts have discretion in awarding fees, however it has also noted ...

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Missouri Motion to Compel and For Attorney's Fees and Expenses