Appealing Missouri Supreme Court

Summary

To appeal a dismissed medical malpractice case to the Missouri Supreme Court, file a Notice of Appeal within 90 days, prepare the record, and draft legal briefs. Ensure compliance with court rules, including any page limits for briefs. If financial hardship exists, request a fee waiver by filing an Affidavit of Indigency. Discovery typically occurs before dismissal unless procedural grounds are involved. Review medical records for discrepancies, especially regarding affidavits and insurance documentation. You can represent yourself pro se, but consider consulting a legal expert for guidance.

Full Conversation

Yes i was texting to get sime neede information for the next and final steps in my case
Hi ****! What type of legal case are you dealing with? Are there any specific questions or details you need help with?
Well in september * my case was in the lower court in eastern missouri, then it was dismissed then it went to the courts of apparl i march * then it was recently dismissed it been i think about a month they told me that i can appeal to the supreme cpurt and that i have 90 days i was trying to see what steps do i have to get there
To appeal to the Missouri Supreme Court, follow these steps:
*. File a Notice of Appeal: Submit this within the *-day period.
*. Prepare the Record: Compile all relevant documents and transcripts from the lower courts.
*. Draft Briefs: Write legal arguments supporting your appeal.
*. Submit: File your briefs and documents with the Supreme Court.
Would you like guidance on any specific step?
No not just yet i wanted to know what do you mean when you said thati gave to submits notice to appeal
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The "Notice of Appeal" is a formal document you file to inform the court that you intend to appeal its decision. It's the first step in the appeal process and must be submitted within the specified deadline, in your case, 90 days. Would you like more details on how to prepare it?
So when you are submutting a appeal to the supreme court do it have to be so many pages
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When submitting an appeal to the Missouri Supreme Court, there isn't a set page limit for the notice of appeal itself. However, your brief, which includes your legal arguments, typically has a page limit. It's important to follow the court's rules and guidelines for formatting and length. Would you like more information on drafting the brief?
I was told differently the clerk told mt i can submit to wahington d.c she didn,t say the misdouri supreme court whi h is it
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It seems there might be some confusion regarding the jurisdiction. If your case was dismissed by the Missouri Court of Appeals, the next step would typically be the Missouri Supreme Court, not a federal court in Washington D.C., unless there's a federal question involved.
Could you provide more details about why the clerk suggested D.C.?
Well my case is a medical malpractice and personal injury case
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It sounds like your case could be a high-value one. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide more details about why the clerk suggested filing in Washington D.C.?
Well i had appeals to the eastern court of appeals and i didn,t have a pacer account but had had receive information onmy phone stating that the had reached a amended judgement and i didn t reached my final decision so when i went find out what was the original judge the clerk tod me they they to in the ofgice came to a decision to dismissed my case ? I asked here could i appealed the decision and she stated it s too late i will have to appeal in washington d.c
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It sounds like your situation might involve complex jurisdictional issues. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please provide more details about why the clerk suggested Washington D.C. for your appeal.
I din,t know why she would say that, but that what she told me and i never received any information about my amended judgement giving me time to appeal their dicision
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It seems you have a complex and potentially high-value case involving medical malpractice and personal injury, with jurisdictional questions about where to appeal. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you share more about your case's current status or any specific concerns?
Well i also read that the reason the dismissed the vase was based Ion mathison verses i,m not for sure who the person was because i don,t have the paperwork in front of me? Bot the precedent case was that the other party was saying that if you are siung someone you have to have a medical affadavit but in my statement from the liwer court i was sayi g that my second opinion was what i was going on because the dentist didn,t give affadavi but i also stated along with my xeays and they dudn,t take in consideration my xrays as well
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Your case seems quite intricate, involving medical malpractice and jurisdictional issues. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, I will need to gather some information to connect you.
Could you please provide your phone number?
Well i ,m nnot tryi g to be funny but i just don,t know because i jave talk to so many attorneys and they don't want to pursue my case and i teally feel deeply about my case that i,ve been doing it pro se because i,m out of options, but i know that i want to pursue it
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It seems like your case involves significant issues that warrant legal expertise, especially with medical malpractice and jurisdictional complexities. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your phone number?
I justcwa t to know when applying ti the supreme court can i do pro se
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Yes, you can represent yourself pro se when applying to the Missouri Supreme Court. However, it's essential to ensure that you comply with all procedural rules and requirements for your appeal. Would you like more information on these requirements?
Yes
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It sounds like you have a high-value case with complexities in medical malpractice and jurisdiction. Since you wish to pursue the case pro se, here are some general tips:
- Thoroughly review Missouri Supreme Court rules for self-representation.
- Ensure all documents are well-organized and comply with court guidelines.
- Consider seeking legal advice for specific procedural steps.
If you decide you want to connect with local lawyers in the future, feel free to reach out for assistance!
I think that i can do this but also when i submit my paperwork do i have to pay a fee
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When submitting an appeal to the Missouri Supreme Court, there is typically a filing fee. The exact fee may vary, so it's best to check with the court's clerk or website for the most accurate and current fee information.
I wanted to mnow if you don,t have the money can they waver your fee
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In Missouri, if you cannot afford the filing fees, you may request a fee waiver by filing an "Affidavit of Indigency" or similar form. It's essential to demonstrate financial hardship. Contact the court clerk for specific guidance on how to proceed.
I had two questions to ask you
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It looks like you're dealing with a complex medical malpractice and personal injury case with jurisdictional questions. Here are some general steps to appeal a decision:
*. File a Notice of Appeal in the relevant court.
*. Prepare necessary documents and evidence.
*. Follow court rules and procedures.
Feel free to ask your questions!
I wanted to know if your in lower court do you have discovery phse before they can dimisd your case
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In Missouri, the discovery phase typically occurs before a case is dismissed unless the dismissal is based on procedural grounds or lack of jurisdiction. Discovery allows both parties to gather evidence and information. If your case was dismissed without discovery, it might have been due to a legal technicality.
Do you have any other questions about the process or specific concerns?
What do you mean legal technicality
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A "legal technicality" refers to a procedural or minor legal error that can affect the outcome of a case. It often involves rules or formalities that might lead to a dismissal or reversal of a decision without considering the substantive merits of the case. Do you have any more questions about this?
I mean my case never went to discovery it was just dismissed
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It seems your case might have been dismissed on procedural grounds. In Missouri, a case can be dismissed before discovery if there are issues such as lack of jurisdiction, failure to state a claim, or missing essential documents like a medical affidavit in a malpractice case. You might consider consulting an attorney to explore possible options for appeal or addressing the dismissal reason. Do you have any other questions or need further assistance?
As far as the medical affadavit i had to do to another dentist just to get some help and she stated somethi g totally different i was told the tooth was fractured it wasn t true the stayement that was put on my i surance syatementa d records was wrong but i didn t even get a hearing
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It seems your case involves issues with medical affidavits and potentially incorrect insurance records. In Missouri, a medical affidavit is crucial in malpractice cases, and discrepancies can impact the case outcome. You may want to consider these steps:
- Review the affidavit and insurance records carefully for inaccuracies.
- Seek a second opinion or further documentation to support your claim.
- Consider consulting with a legal expert to explore options for appeal or addressing the affidavit discrepancies.
Do you have any specific questions or need further clarification on these steps?
So can i call my i suran e co.pany and get copies of my mefical report and it would tell what was wrote in the medical for.s
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Yes, you can request copies of your medical records from your insurance company. They should provide information on what was documented in the medical forms. It's a good idea to review these records for any inaccuracies or discrepancies that may be relevant to your case. Do you have any other questions or need further assistance on this matter?
Yes
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Feel free to ask your next question, and I'll do my best to assist you.
Well i went to the dentist and she don,t do medical affadavit but she told me the tooth is not fractured but on the insurance forms that was what she stated because thats what she told me but i was told diffrently such as the tooth was not fractured
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It sounds like there may be discrepancies in your medical records which could be crucial for your case. You should gather all relevant medical documentation and consider consulting with a legal expert regarding these discrepancies. This could help clarify your case and possibly aid in any future legal proceedings. Do you have any other questions or need further assistance?
Also i have the actual tooth itself and it s not fractured at all
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It seems like your case involves significant issues with medical malpractice, discrepancies in medical records, and potential misrepresentation on insurance forms. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide more information about the issue?
No? But i wa yedwhen i contact my insurance company do i ask them can i get a copy of my dental work that i had done
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When contacting your insurance company, you can request copies of your dental records and any documentation related to the work you had done. Simply ask for your medical records or dental work documentation. They should guide you through their specific process for obtaining these records. Do you have any other questions?
No thanks i will be getting on filing for my appeal and i will text you all tomorrow and i want to say thanks for all you do
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You're welcome! If you have more questions or need further guidance in the future, feel free to reach out. Good luck with your appeal!
Ok bye
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It seems like you are dealing with a complex medical malpractice case with jurisdictional issues and discrepancies in medical records. If you need further assistance as you proceed, feel free to reach out. Good luck with your appeal!
Ok thsnks
Case Rating: *
It seems like you're dealing with a complex medical malpractice case with jurisdictional issues and discrepancies in medical records. If you need further assistance as you proceed, feel free to reach out. Good luck with your appeal!