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Missouri Court Rules
Missouri Rules of Civil ProcedureRules Governing Civil Procedure in the Circuit Courts
Rule 78 - New Trials-After-Trial Motions-Preservation of Error
Rule 78.05 - After-Trial Motions, Including a Motion for a New Trial Based Upon Affidavits

Mo. R. Civ. P. 78.05

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As amended through October 1, 2024
Rule 78.05 - After-Trial Motions, Including a Motion for a New Trial Based Upon Affidavits

When any after-trial motion, including a motion for new trial, is based on facts not appearing of record, affidavits may be filed which affidavits shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. Depositions and oral testimony may be presented in connection with after-trial motions.

Mo. R. Civ. P. 78.05

Adopted April 10, 1974, eff. 1/1/1975.

Committee Note - 1974

This is substantially the same as prior Rule 78.03.

Compare: Rule 59(a) of the Federal Rules of Civil Procedure.