Legal Articles

Statement of Uncontroverted Material Facts, Summary Judgment

Summary judgment  procedures are rigid and must be followed. Perhaps the most important part of summary judgment practice is the uncontroverted material facts. This includes both the assertion of the facts and denials. As the Missouri Supreme Court has made clear, facts only come into the summary judgment record via Rule 74.04’s numbered paragraph procedure….

Adequate Period of Time for Discovery, Summary Judgment

A summary judgment is essentially a trial without having to go through the “traditional” in-person trial process. It is typically entered for one party where based on certain undisputed facts that party is legally entitled to a judgment in his, her or its favor. Procedurally, however, a “motion for summary judgment should be denied, or…

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