Rule 55.26 Motions, Form of

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XXVI. Rule 55.26 Motions, Form of

A. Text of Rule

(a) Written Motion—When Required. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(b) Other Provisions Applicable. The provisions applicable to captions, signing and other matters of form of pleading apply to all motions and other papers provided for by these Rules.

B. Historical Note

Rule 55.26 is the same as former Rule 55.30. The statutory predecessor of Rule 55.26 is § 509.280, RSMo 2000. Rule 55.26 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution. Rule 55.26 supersedes the predecessor statute when they are inconsistent. See State ex rel. Peabody Coal Co. v. Powell, 574 S.W.2d 423, 426 (Mo. banc 1978); see also Rule 41.02.

C. Cross-References

This Rule is the same as § 509.280, RSMo 2000, except "this code" became "these Rules." Cf. Fed. R. Civ. P. 7(b). See Rules 55.02–55.05, 55.08, and 55.27.

D. Time Constraints

See Rule 55.27, infra.

E. Comment

Generally, a motion must be in writing. This requirement is satisfied if the motion is described in a...