Legal Articles

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…

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…

Judicial Notice, Evidence

When presenting evidence at trial or at a hearing, “judicial notice” may be utilized to set forth a fact “which is common knowledge of people of ordinary intelligence” and “which can be reliably determined by resort to a readily available, accurate and credible source.” State v. Weber, 814 S.W.2d 298, 303 (Mo. Ct. App. 1991)….

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