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Monthly Archives: June 2014

Waiver of Statute of Limitations

Statutes of limitations provide a certain period of time in which a plaintiff must file a lawsuit. If the claim/lawsuit is not filed within the period, then it is barred. The specific time period depends on the type of claim. For instance, actions upon contracts are subject to a five (5) year statute of limitations. […]

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Pleadings & Notice

The primary purpose of pleadings in Missouri is to provide notice to the other party/parties of the facts and relevant legal claims you are relying upon. A “pleading” typically refers to a document filed in court which pleads facts with respect to the underlying dispute. Pleadings are liberally construed and need only allege ultimate facts […]

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Justiciability, Declaratory Judgments

A plaintiff needs to have legal standing in order to make a claim in court. Standing is often synonymous with justiciability, but the former is simply part of the latter.  A justiciable controversy exists where (1) the plaintiff has a legally protectable interest at stake, (2) a substantial controversy exists between the parties with genuinely adverse […]

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Agreements to Arbitrate

Given the sometimes staggering costs of litigation, written contracts will often contain provisions containing agreements to arbitrate a dispute in the event of disagreement or possible breach of contract. With an arbitration, an independent third-party makes a binding decision after each party has an opportunity to be heard. The typical rules of civil procedure, evidence […]

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Depositions, Oral Examination

Depositions upon oral examination are one of the primary tools of discovery in a case. To start, depositions can be upon oral examination or upon written questions. From experience, the latter is quite rare, really does not differ from interrogatories, and lacks the punch and effectiveness of live and in-person questioning. Depositions upon oral examination […]

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Compensation, Reimbursement of a Trustee

Compensation of a trustee is ordinarily governed by the terms of a trust agreement. However, if the trust does not specify a compensation schedule, then Missouri law generically provides that the trustee is entitled to “compensation that is reasonable under the circumstances.” Section 456.7-708, RSMo. If the matter is before a court, the judge can […]

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Prevailing Party, Breach of Contract Attorney Fees

Parties are usually responsible for their own attorneys fees, unless a contract or statute provides otherwise. A common clause in contracts will provide that the “prevailing party” in any dispute pertaining to the contract, including a breach of contract action, will, in addition to its contractual expectancy damages, be entitled to recover their reasonable attorney […]

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