Section 2.16 Lack of Notice of Entry of Final Judgment

• Library: App Ct Prac 2015 Supp

7. (§2.16) Lack of Notice of Entry of Final Judgment

Rule: A party that does not have notice of the entry of a judgment may seek to set it aside by written motion filed within six months of the entry of the judgment. Thereafter, a party without notice may only proceed with a collateral attack under Rule 74.06.

Rule 74.03 requires the clerk to notify all parties not in default and not present in court at the time of the entry of a judgment. If the clerk fails to do so, the trial court may set aside the judgment if the party files a written motion seeking such relief within six months of the entry of the judgment and the motion demonstrates good cause.

A party that otherwise has notice of the judgment may not invoke Rule 74.03. Nandan v. Drummond, 5 S.W.3d 552, 558–59 (Mo. App. W.D. 1999). Notice to the attorney is notice to the party. McDonald County Mercantile Bank v. Harp, 779 S.W.2d 21, 24 (Mo. App. S.D. 1989). A Rule...