Q: Court rules 75.01 and 74.05 interplay question.
Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not final judgment yet. Which is it? I have looked up appeals cases and found one with this issue and it listed 74.05 even though it was not final judgement. Confused when 74.05 would apply.
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A: In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a new trial or to amend the judgment. The distinction often hinges on whether the judgment has been entered as final. If within 30 days and not deemed final, Rule 75.01 may indeed apply.
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