Legal Articles

Abandoned Pleadings

Pleadings are the main legal documents that set forth a parties claims and defenses. They “present, define, and isolate the issues, so that the trial court and all parties have notice of the issues.” Norman v. Wright, 100 S.W.3d 783, 786 (Mo. 2003). Although Missouri is a fact-pleading state, only “ultimate facts” — those the jury…

Harmless Error

To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…

Witness Sequestration Rule

“Witness sequestration” refers to a Court barring witnesses from the court room when a trial is being conducted. The purpose of the rule is two-fold: (1) it prevents a witness from “tailoring” testimony and it (2) aids in detecting testimony that is less than candid. Mitch Crawford Holiday Motors, 987 S.W.2d 359, 365 (Mo. App….

Leading Questions

A “leading question” is generally one which suggests its own answer. They usually only are permitted on cross-examination. However, whether to allow the use of leading questions otherwise — like on direct examination — is up to the trial judge’s discretion. King v. Copp Trucking, Inc., 853 S.W.2d 304, 309 (Mo. Ct. App. 1993). Even…

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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