A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original…
Legal Articles
Timely Notification, Insurance Policy
To claim benefits under an insurance policy, you generally must comply with all of the obligations under the policy on your end. This includes timely notification of a claim. What is considered “timely notice”? It will depend on the language of the insurance policy, but, without any more clear deadline, the insured must provide prompt…
Bona Fide Purchasers, Ownership-Title Disputes
Property ownership disputes can be complex, particularly in the context of real estate. It is not uncommon for there to be an improper or defective conveyance of real estate that goes unnoticed, and then there are several subsequent transfers of the same property between different people. For this reason, it is important to record all…
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…