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Appeals Court Eases Test To Allow Use Of 'Contention' Interrogatories

Whether a plaintiff must answer a so-called “contention” interrogatory is a matter within the trial court’s discretion and not the subject of a ‘hard and fast rule,’ the Missouri Court of Appeals has held. Contention interrogatories request “all facts known ...

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Covington To Begin Term As Missouri Chief Justice

The Missouri Supreme Court will continue to push for automation and an increase in public awareness of the judicial system under the leadership of Judge Ann Kettering Covington, who begins a two-year term as Chief Justice July 1, 1993. “We ...

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Submitting On Inconsistent Theories Still A Possibility

Civil Practice Submitting On Inconsistent Theories Still A Possibility Recently the Missouri Supreme Court said that you can’t submit two separate theories of recovery to a jury where proof of one theory would necessarily disprove the other theory. The theories ...

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Tort Of Criminal Conversation Slated For High Court Review

The Missouri Supreme Court accepted transfer of four cases last month, while denying requests to transfer 46 others. Three of the transfers granted were in civil cases; one was a criminal case. The Supreme Court also handed down written opinions ...

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Circumstantial Evidence Rule Is Discarded By State Supreme Court

The Missouri Supreme Court threw out the Circumstantial Evidence Rule last week when it affirmed a defendant’s convictions for murder, robbery and armed criminal action based on the circumstantial evidence of defendant’s “bloody” fingerprint found in the victim’s wallet. As ...

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Appeal Is Late Even If Within 30-Day Period Of Judgment

Appellate Practice Appeal Is Late Even If Within 30-Day Period Of Judgment When does a judgment become “final” for purposes of counting your 10 day period in which to file a notice of appeal? One important aspect of this problem ...

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Landowner May Be Liable To Police Officer

Where a police officer was injured when stairs collapsed during a routine building check, the “firefighter’s rule” does not bar his suit against the landowners, the Missouri Supreme Court has held. This is because the firefighter’s rule only applies in ...

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Reversal On Liability Necessarily Loses Damages

Where the issue of railroad’s liability for plaintiff’s injuries in a comparative fault case was reversed and remanded, the damages award of $1.5 million also had to be reversed and remanded. Since the adoption of comparative fault in Missouri, cases ...

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No Landowner Liability To Trespasser

The Missouri Supreme Court has reaffirmed that a landowner has no duty of care to an injured plaintiff whose status as a trespasser has been established. The May 25 ruling in Seward v. Terminal Railroad Association of St. Louis, MLW ...

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Legislation Passed To Establish New 'Family Courts' In Missouri

Many counties in Missouri may soon have a new “Family Court” under a bill passed unanimously by the General Assembly and expected to be signed by Gov. Mel Carnahan. The court will have original jurisdiction over divorce, separation, annulment, child ...

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Pleading Can Be Hazardous In Associate Division Cases

Civil Practice Pleading Can Be Hazardous In Associate Division Cases The less formal procedures of associate circuit court can be hazardous to your practice, especially when a case starts at the associate level but is later transferred to circuit court ...

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