EZRCP · Missouri · Rules of Civil Procedure · Mo. R. Civ. P. 78.05

Mo. R. Civ. P. 78.05. — After-Trial Motions, including a Motion for a New Trial Based Upon Affidavits

Missouri · Rules of Civil Procedure

Open on EZRCP

Rule text

When any after-trial motion, including a motion for new trial, is based on facts not appearing of record, affidavits may be filed which affidavits shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. Depositions and oral testimony may be presented in connection with after-trial motions.

Notes

Committee Note - 1974

This is substantially the same as prior Rule 78.03.

Compare: Rule 59(a) of the Federal Rules of Civil Procedure.

(Adopted April 10, 1974, effective January 1, 1975.)