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how to file a motion for discovery

Customer Question
how to you file a...
how to you file a request for discovery from a defendant to the plaintiff in a civil judgement case? I live in the state of missouri, associate circuit court of jackson county, missouri. how do i get a copy of this form to file with the court?

karen lozano [email protected]

Optional Information:
independence, Missouri

Already Tried:
i have searched the web for forms to download. only getting more confused.





Submitted: 12 years ago.Category: Legal
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Customer reply replied 12 years ago
Relist: No answer yet.
how do I file a motion for discovery from defendant to plaintiff. I have been unable to find the form to use or any help with this question. I live in Missouri, circuit court of Jackson County, Missouri. This pertains to a pending judgement. I am the defendant.
Customer reply replied 12 years ago
Relist: No answer yet.
same question as before. I need help filing a motion for discovery. Defendant to plaintiff.
Can't find the form to use.
Answered in 2 days by:
2/27/2006
Lawyer: B. Shap, Judicial Worker replied 12 years ago
B. Shap
B. Shap, Judicial Worker
Category: Legal
Satisfied Customers: 340
Experience: I have experience with legal issues in and out of the courtroom & as a community leader
Verified
I found a site

http://secure.uslegalforms.com/

where you can do a form search for - "discovery" in Missouri.

There are several forms there relating to your query that can be downloaded.

Best of Luck! Barbara

Thank you for allowing me to help you!
Click “Accept” if you appreciate my response.
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Customer reply replied 12 years ago
thank you, XXXXX XXXXX form I believe I can use.
let me ask you one more question related to this.
do I send a copy to the plaintiff and the court?

thank you, XXXXX XXXXX I will accept your answer.
[email protected]
Lawyer: B. Shap, Judicial Worker replied 12 years ago
You probably do need to send it to both. Your best bet is to call the court clerk. Until then I will try to find the answer for you but have limited availability tonight.

One other suggestion. If there is a law school anywhere in your vicinity they may have legal clinics with free services. They are usually very good at helping people and are supervised by attorney/professors.

I'll get back to you when I find more info. Barbara
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Lawyer: The Mystic Wave, Paralegal replied 12 years ago
The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
Verified

Greetings:


I offer you the following in response to your question:


First, please note that as a legal secretary/paralegal, I am not a lawyer, I do not claim to be. Of my knowledge and experience of more than 30 years, I offer to help.


Response: Please know that most courts do not have exact motion forms. Motions are generally drafted, citing Points and Authorities. If you do find one, it will give general information, you must fill in the facts of your case. Also, along with motions, you must file a notice of motion. Thus, your caption should read, Defendant's Notice of Motion and Motion for Demand for Discovery Against Plaintiff. Also, many courts require a filing fee for motions, and in many courts most motions are scheduled with the calendar clerk.


Thus, you must contact the court and find out the amount of filing, and the date, time and department wherein motions for discovery are heard (unless your particular case already has a judge assigned to the case, and his/her appropriate department/division).


You then must give proper notice to all parties that the hearing is scheduled. Notice of motions and motions must be served and filed so many days prior to the actual date of the hearing (approximately 20 to 30 days, depending upon the laws of your state), unless you intend to go Ex Parte, in that case, it would be 24 hours notice (again, depending upon the laws of your state).


You should attach exhibits to your motion to show cause as to why the judge should rule in your favor.


Prior to filing any motion for discovery, or otherwise, you should have attempted to contact the opposing party and/or their counsel, in which to resolve the matter. A letter to confirm same should also have been sent, for which the letter may serve as an exhibit to the motion.


~*~


Please know once again that this information is based upon my legal experience - and not intended to be deceptive should this prove inaccurate, as laws vary from state to state. Therefore, to confirm same, in order to protect your rights, I suggest that you may wish to contact a paralegal's office for assistance in the preparation of the motion, or you may wish to seek the advice of an attorney.


It's always wonderful to have an attorney represent you in any legal matter, however, far too many people are not able to AFFORD an attorney. Thus, alternatives would be Legal Aid (attorneys who will represent one providing one can prove they are suffering financial hardship), or one may contact their local State Bar requesting referrals of attorneys who work pro bono cases (services free of charge - for the good of the public).


I hope this information helped you.


Please click "Accept" if this response was helpful and answered your question.


If you wish for further information, or, IF YOU FEEL I DID NOT ANSWER YOUR QUESTION, please let me know, so that I can assist you further.


Thank you kindly for posting your question at Just Answer.


Wishing you and yours the very best.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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The Mystic Wave
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Satisfied Customers: 427
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Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.

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