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(314) 500-HURTI had a trial set in a week in July that I also set a family vacation.
My client (and friend) had been sued and filed a counterclaim against the other side. Roofing project gone wrong – a
homeowners nightmare.
So in April, I asked for a continuance and went down to southern Missouri to argue it. Defendants objected. We looked
at other dates, but moving the trial would not work with the defendants and the court schedule. The court denied my
motion.
So we had to get Genavieve Perino up to speed to try the case.
She did a great job, and we were loaded for bear to try the case.
So much so, that our part of the case settled. The insurance company offered a lot of money to settle our
counterclaim. Big victory.
But what happened next was a shocker. They lawyer for the initial claim against my client called me at 4 pm on Friday
with the trial to start on Monday morning. He got the judge on the phone: “Judge, they just settled with my client
and my co-counsel and I need a continuance.”
Me: What? But:
Judge: “This is a hard decision but the continuance is granted.”
Me: silence but thinking – I am grateful I didn’t cancel my vacation.
Digesting this afterwards and looking into it, I found that this was the plaintiff’s counsel fourth Motion to
continue the trial date.
Pursuant to Mo.R.Civ.P. 65.01 and R.S.Mo. § 510.080, the court may continue a civil action “[f]or good cause shown.”
Plaintiff’s oral Motion for Continuance violated Mo.R.Civ.P. 65.03, which requires that a continuance application
“shall be made by a written motion accompanied by the affidavit of the applicant or some other
credible person setting forth the facts upon which the application is based.” This rule is based on a century of
precedent in R.S.Mo. § 510.090, which was also violated.
Oh well. We will reset the trial and hopefully get a great result. I will keep you updated.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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