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Litigation Drafting Resources

Steps to research major documents in litigation

Motions to Dismiss or for Summary Judgment Research Steps

WestlawNext > State Materials > Missouri > Missouri Practice Series > Civil Procedure Forms > search Title(motion and dismiss!) 

WestlawNext > State Materials > Missouri > Missouri Practice Series > Civil Procedure Forms > search Title(“motion for summary judgment”)

Bloomberg/BNA > Litigation & Dockets tab > Dockets > Search Dockets > Browse to U.S. District Court Dockets – Districts of Missouri > key words (“motion to dismiss” or “summary judgment”) and “subject matter” e.g. “age discrimination” > Scroll to bottom and “Search” > Click on link to Docket > scroll to highlighted search terms > click on green number to the left [NOTE: this is only federal court dockets]  

Sample Motion to Dismiss

Motion to Dismiss Due to Lack of Subject Matter Jurisdiction

 
[Caption]
COMES NOW defendant and, pursuant to Rule 55.27(a) of the Missouri Rules of Civil Procedure, moves the Court to dismiss plaintiff's cause of action on the grounds that the Court has no jurisdiction over the subject matter of the action. In support of this motion, defendant states that:

1. Here state facts which will show that the Court lacks jurisdiction over the subject matter of the action.

WHEREFORE, etc.

 

[Signed] 

[Typed Name] [Bar Number]
[Firm Name]
[Address and telephone]
Attorney for [Party]

Sample Motion for Summary Judgment

Motion for Summary Judgment

 
[Caption]
 

COMES NOW [Party], by counsel, and, pursuant to Rule 74.04 of the Missouri Rules of Civil Procedure, moves the Court to enter summary judgment in behalf of [Party] and against [Opposing party] because there is no genuine issue of material fact as to any allegation alleged in [Opposing party]'s [Here indicate form of claim, i.e., petition, counterclaim, crossclaim, etc. ], and the undisputed facts herein clearly show that [Party] is entitled to judgment as a matter of law.

WHEREFORE, for the reasons stated herein and in movant's statement of uncontroverted material and movant's legal memorandum explaining why summary judgment should be granted, [Party] prays that the Court sustain [Party]'s motion for summary judgment and enter judgment in favor of [Party] and against [Opposing party], with costs assessed against [Opposing party].
 
[Signed] 
[Typed Name] [Bar Number]
[Firm Name]
[Address and telephone]
Attorney for [Party]

BloombergBNA Docket Searching