Missouri Judgment Set Aside Guide

Summary

A Missouri Rule 74.06(b)(4) motion to set aside a judgment as void requires identifying the judgment, explaining its void status, and citing Section 347.153 RSMo. While no specific outline is mandated, a structured format includes a title, judgment identification, grounds, evidence, legal arguments, and conclusion. A notarized affidavit should include affiant information, facts, exhibits, and notarization. For drafting, consult a local attorney.

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can you tell me the exact information required to be set forth in a missouri rule *.*(b)(*) motion for order setting aside judgement entered as void ab initio based on Plaintffs failure to comply with section *.153RSMo?
In Missouri, a Rule *.*(b)(*) motion to set aside a judgment as void generally requires the following information:
- Identification of the judgment sought to be set aside.
- Explanation of why the judgment is void, specifically citing failure to comply with Section *.* RSMo.
- Supporting evidence or documentation.
- Any relevant legal arguments or precedents.
Is there any specific aspect you need more details on?
is there a outline format ?
While there isn't a specific outline format mandated by Missouri courts for a Rule *.*(b)(*) motion, you can follow a structured format like this:
*. Title and Introduction
- Title of the motion
- Brief introduction of the issue
*. Identification of Judgment
- Case name and number
- Date of the judgment
*. Grounds for Motion
- Explanation of why the judgment is void
- Citing relevant statutes (e.g., Section *.* RSMo)
*. Supporting Evidence
- List and attach any evidence/documentation
*. Legal Arguments
- Provide any relevant legal arguments or precedents
*. Conclusion
- Sum**** of the requested relief
*. Signature and Date
If you need further clarification on any section, feel free to ask!
I I was told I need a noterized affidavid with supporting exhibits attached and incoporated within by reference can you draft a something to this effect?
Case Rating: *
While I can't draft documents for you, I can guide you on what to include in a notarized affidavit:
- Title: "Affidavit in Support of Motion to Set Aside Judgment"
- Affiant Information: Your name, address, and relationship to the case.
- Statement of Facts: Clearly outline the facts supporting your motion.
- Exhibits: List and describe each exhibit, indicating how they support your case. State they are attached and incorporated by reference.
- Signature and Notarization: Your signature, date, and notary acknowledgment.
If you need further help, consider consulting a local attorney for drafting assistance.