“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….
Legal Articles
Amendments to Conform to Evidence
It is common to amend pleadings. The purpose of pleadings are to define the factual and legal issues that are being tried. Generally, judgments which exceed the scope of the claims in a lawsuit and pleadings are improper. Sometimes pleadings may be amended to conform to the evidence presented at trial. Rule 55.33(b) allows the…
Pleading and Proving Intent, State of Mind
Some claims require proof of a person’s intent and state of mind. Unless someone admits to something, how do you get in there head and prove intent? For pleading purposes, “intent, knowledge and any other condition of mind of a person may be averred generally.” Rule 55.15. In an evidentiary context, “an admission of specific intent…
Statute of Limitations, Jury Question
When the statute of limitations expires, claims are time-barred. Different claims have different statutes of limitations. The running of the statute of limitations is an affirmative defense that must be pleaded. City of Ellisville v. Lohman, 972 S.W.2d 527, 530 (Mo. Ct. App. 198). The deadline usually starts running when damages become ascertainable. Failure to plead…
Appealing Denial of Motion for Summary Judgment
A summary judgment is when one party prevails in a lawsuit without going through a trial. There are two general requirements. First, there must be no dispute over materials facts. Second, based on those undisputed material facts, one party must legally be entitled to judgment. When a motion for summary judgment is denied, a trial…
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…
Improper Admission/Exclusion of Evidence
In trials in Missouri, the Court has “considerable discretion” in the admission or exclusion of evidence, and, absent clear abuse of discretion, its actions will not be grounds for reversal. Cox v. Kansas City Chiefs Football Club, Inc., 473 S.W.3d 107, 114 (Mo. 2015). An abuse of discretion occurs if the decision is “clearly against…
Verdict Interpretation, Inconsistent Verdicts
When interpreting a jury’s verdict, the Court reviews the entire record to discern the intent of the jury. Robinson v. Riverside Concrete, Inc., 544 S.W. 2d. 865, 871 (Mo. Ct. App. 1976). Courts are deferential to a jury’s findings; to that end, liberal regard is given to a verdict so that the court may give…
Misjoinder, Separate Trials
In complex, multi-claim cases, the Court may order separate trials or a misjoinder/nonjoinder. Under Rule 66.02, a court has discretion to order separate trials of claims within one case for “convenience, to avoid prejudice or to promote judicial economy.” In re Competency of Parkus, 219 S.W.3d 250, 253 (Mo. 2007). The separate trial may be…