Summary Judgment in Missouri
You might be surprised to know that you can get a judgment by motion. Typically it’s a motion for summary judgment. You never have to go to trial. Your attorney can typically handle everything, and you never have to step foot in a courtroom. (Lucky you.) How does that work?
Summary Judgment
In Missouri, there are two ways to get a judgment by motion. One is a judgment on the pleadings. The other is a summary judgment. The first one is easier. Your attorney simply files a motion showing that you are entitled to judgment based on the petition and answer. This can occur very early in the lawsuit. However, a judgment on the pleadings is rare. A summary judgment motion is usually filed late in a case. Unfortunately, your attorney usually has to gather evidence to support the motion. This can take a while and get expensive. Unlike a judgment on the pleadings, a summary judgment is not rare. Litigants often file motions for summary judgment, and many of them succeed. If you don’t succeed, then unfortunately you’ve spent a lot of money, and now you have to spend a lot more getting ready for trial. Ouch.
What’s worse, judges are finicky about summary judgment motions. Some judges don’t like them and rarely enter a summary judgment. Other judges grant them on the weakest evidence. Your attorney should definitely take the judge’s temperature before attempting a summary judgment motion. Additionally, the appeals court can uphold a summary judgment based on any supporting evidence in the record. The evidence may not even have been relied on by the party that filed the motion. That can sometimes make it hard to overturn a summary judgment. Judges who grant summary judgments like that.
Default Judgment
Default judgment is another quick way to get a judgment. You might know that a judge may grant a default judgment if the other side does not file an answer to a petition. The judge can also enter a default judgment if the other side does not appear at a docket call or at trial. However, you might be surprised to know that a default judgment can be set aside up to one year after it is entered. The party against whom it was entered simply needs to convince the judge that they have a legitimate defense and a good reason for not answering or showing up. The appeals court generally dislikes default judgments. Judges don’t like to be overturned, so they usually set aside default judgments on close calls.
Finally, a default judgment does not mean that you get a judgment for whatever you asked for in your petition. It simply means that the party in default admits to all of the allegations in your petition. You still need to prove your damages. This is typically done through an affidavit signed by you. Sometimes you will have to testify in court about your damages. You might also need to call other witnesses to support the amount of the damages claimed by you. What’s more, the party in default can cross examine you and your witnesses about the existence and amount of the damages claimed by you.
Final Judgment
You might get a judgment the old fashioned way, by going to trial. A judgment obtained by trial, or by summary judgment, is appealable within 30 days after the judge signs the judgment. You’re home free if the other side does not appeal within the 30 days. Unlike a default judgment, the other side cannot set the judgment aside after the 30 days.
However, there is a slight wrinkle. The judgment must be “final” before the 30-day clock starts to run. A judgment is final when it disposes of all claims. A judgment that does not dispose of all claims is appealable only if the judge states in the judgment that there is “no just reason for delay.” The court is free to change the judgment until it becomes final. So, you’re not necessarily home free if your judgment does not dispose of all claims. Attorneys will typically ask the judge state no just reason for delay to get the 30-day clock rolling.
Take-Away
Most lawsuits never go to trial. Most of them are settled. A fair number of lawsuits end up with a judgment by motion. If successful, judgment by motion can save a lot of time and money. Just make sure you carefully assess the probability of winning a summary judgment before drafting the motion. Losing a motion for summary judgment can take a big bite out of your war chest.
Michael Sewell, JD, MBA has litigated more than 100 lawsuits in federal, state, administrative, and municipal courts since 2005, involving real estate, business, and personal disputes.
Please contact Michael Sewell for an initial consultation at no charge. (314) 942-3232 | michael@sewelllaw.net.
This article is for general informational purposes only. This information is not intended as legal advice. You should consult an attorney regarding how this information might apply to your specific circumstances.
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