Section 4.41 Summary Judgment

• Library: Civil Trial Practice 2015 Supp

4. (§4.41) Summary Judgment

Attention should be paid to Rule 74.04 when moving or opposing a motion for summary judgment. The motion must state with particularity in separately numbered paragraphs each material fact as to which the movant claims there is no genuine issue. Specific references must be made to the pleadings, discovery, or affidavits that demonstrate the lack of a genuine issue as to such facts. Each motion shall contain a separate legal memorandum explaining why summary judgment should be granted and affidavits not previously filed that are relied on in the motion.

A response in opposition to the motion for summary judgment must be filed within 30 days and must admit or deny each of the movant’s factual statements in numbered paragraphs that correspond to the movant’s numbered paragraphs. The trial court does not have jurisdiction to shorten the time to respond to less than 30 days. Lawrey v. Reliance Ins. Co., 26 S.W.3d 857 (Mo. App. W.D. 2000); Morris v. Johnson, 949 S.W.2d 678 (Mo. App. E.D. 1997). Each response shall:

· state the reason for each denial;

· set out each additional material fact that remains in dispute; and

· support each factual statement asserted in the response with specific references to where the fact appears in the pleading, discovery, or affidavits.

Matters that are denied without specific reference to the record are deemed admitted for the purpose of...