missouri & the final judgment rule
Post on 31-Dec-2015
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Missouri & The Final
Judgment Rule
MissouriA Different Way to Skin the Finality Cat
• Missouri interprets finality strictly
• Decision must resolve all claims
• Among all parties
• Rare exceptions for “implicit finality.”
• Looks like MO is less flexible
• But . . . .
• Missouri uses extraordinary writs (mandamus & prohibition) much more freely, e.g., to review
• discovery disputes
• venue transfers
• Denials of dismissals for
• lack of pj
•Lack of smj
•Denials of jury trial
•Missouri (by statute) permits appeals of orders granting new trial.
Missouri’s Bright Line Rule on Form
Judgment or Decree
Judge Jane SmithFiled
6/27/02
[Body of the judgment]
Must use 1 of these
exact words
Judge Must Sign
Must be filed
In Writing
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