Notices of Hearing on Motions

Unless otherwise ordered by a court, a written motion, and notice of hearing of that motion, must be filed and served at least five days before it is heard and argued. See Rule 44.01(d). “[T]he purpose of Rule 44.01(d) is to provide the notified party with an opportunity to be heard.” Allen ex rel. Allen v. Gatewood, 390 S.W.3d 245, 254-55 (Mo. App. W.D. 2013).

It is permissible for a court to rule on motions without the requisite five day notice. The question in such cases is whether “the notice given was reasonable under the facts and circumstances.” Sitelines, LLC v. Pentstar Corp., 213 S.W.3d 703, 706-07 (Mo. Ct. App. 2007). Reasonable notice is a generally prerequisite to the court’s power to enter an order. Id.

If a trial court takes up and considers a motion on shortened notice, an appellate court will not automatically reverse the ruling. The appealing party must show that the error was prejudicial. Paulson v. Dynamic Pet Prods., LLC, 560 S.W.3d 583, 591 (Mo. Ct. App. 2018).

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