Missouri Operations by Less Than All Parties
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Rule 55.06 - Joinder of Claims and Remedies (a)Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
P. 41(b): "For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him." Although Rule 41(b) appears to require a motion by defendant, the Supreme Court has held that it does not.
Court Operating Rule 2 imposes no obligation upon the judiciary to create a data element, make a data element available electronically, or produce non-standard reports. (Adopted August 24, 1998, effective October 1, 1998.
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 476.120. 476.120. Punishment for contempt. ? Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.
Court Operating Rules - Court Operating Rule 27: Electronic Filing. (a) The Missouri Court Automation Committee shall establish an electronic filing system. (b) The system shall be phased in as the committee determines and can be applied to particular courts, counties, circuits, or case types.
Any defendant may move for an involuntary dismissal in a civil action for failure of the plaintiff to prosecute a cause of action. Rule 67.03. "[A]n involuntary dismissal can only be made with prejudice if there is notice and an opportunity to be heard...." State ex rel. Willens v.
Section 534.120 - Failure to prosecute, nonsuit. 534.120. Failure to prosecute, nonsuit. ? If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.
Rule 67.06 provides the following: On sustaining a motion to dismiss a claim, counterclaim or cross- claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed.
