But in rare circumstances, a plaintiff also can pursue this remedy for a claim that is not subject to a genuine dispute. ITT Commercial Finance provides a blueprint for identifying the potential grounds for summary judgment and allocating the burdens for the claimant and defending party in deciding the motion. Defendants, of course, file the vast majority of motions for summary judgment. Mid-America Marine Supply Corp., 854 S.W.2d 371 (Mo. The seminal Missouri case for interpreting the rule is ITT Commercial Finance Corp. When you draft a motion for summary judgment, you must comply with Missouri Supreme Court Rule 74.04. Summary judgment can be a useful procedural tool to dispose of the entire case, or to narrow the issues for trial. But in my experience, you can improve your chance of winning by considering a few basic rules in crafting a persuasive motion and legal memorandum.įamiliarize Yourself with the Summary Judgment Rule: Summary judgment is appropriate when there is no genuine issue as to any material fact and the movant is entitled to a judgment as a matter of law. And, of course, not every motion for summary judgment presents a winning argument. The facts and the law in each case are different. This article is designed to provide general guidance to any Missouri lawyer contemplating a motion for summary judgment. For many years, I also taught law students how to write briefs as an adjunct faculty member for the moot court program at Saint Louis University School of Law. I am a solo practice attorney who concentrates, among other things, in helping other lawyers to write trial and appellate briefs.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |