In trying to glue together a reasonable facsimile of a Motion to Vacate Default Judgment, I find I periodically run into stuff (how you like "stuff" for a technical term?) 
So I am trying to put most of my questions into this thread rather than start new ones for each statute/clarification I'm requesting. Help is appreciated thank you.
1. In my answer I averred that the plaintiff did not have proper standing to sue. If they did not respond as set in statute below what affect does that have on the plaintiff's cause of action and request for relief? It says the burden of proof is on plaintiff (in my case). Ultimately a default judgment was ordered 2 or more months after first hearing. Is that proper since they never responded in any way to my answer????
RULE 55.13 AVERMENTS AS TO CAPACITY OR AUTHORITY OF PARTIES TO SUE OR BE SUED
It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the person shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended Sept. 28, 1993, effective Jan. 1, 1994.)
2.
In the language of the below statute I need to know what is meant by "other filing". Do they mean every thing file-stamped for example or everything document they prepared?
Specifically now my question is whether it would refer to, for example, the Robo-signed yet meaningless Affidavit which gives hearsay evidence alleging I owe the debt which is the subject of the Petition filed against me and upon which flimsy "evidence" an order granting default judgment was filed against me. Is the court ordering that attachments filed, such as attached documents? The Affidavit was a single document not attached to anything just referred to as "evidence".
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55.03 SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; APPEARANCE AND WITHDRAWAL OF COUNSEL; REPRESENTATIONS TO COURT; SANCTIONS
(a) Signature Required. Every pleading, motion and other filing shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party. An attorney who assists in the preparation of a pleading, motion, or other filing for an otherwise self-represented person is not required to sign the document. Every filing made electronically must add a certificate verifying that the attorney or party signed the original. The original signed filing must be maintained by the filer for a period of not less than the maximum allowable time to complete the appellate process.
Below the signature shall be printed the signer's name, Missouri bar number (if applicable), address, telephone number, facsimile number, and electronic mail address, if any.
3. What is this saying below? not that these are the only pleadings that may be made? Is it just that these are the only ones REQUIRED to be made? Is there a standard procedure for pleadings such as motion for continuance? Are motions for continuance to be in writing or if made orally who should request it? Can the judge just continue a case without plaintiff's attorney having requested a continuance?. What about the subsequent order of continuance? Is it to be in writing?
RULE 55.01 PLEADING REQUIRED
There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if leave is given to summon a person who was not an original party; and there shall be a third-party answer, if a third-party petition is served. A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded. No other pleading shall be required except as ordered by the court.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
I have more questions to come that I will add as soon as I get them organized.
So I am trying to put most of my questions into this thread rather than start new ones for each statute/clarification I'm requesting. Help is appreciated thank you.1. In my answer I averred that the plaintiff did not have proper standing to sue. If they did not respond as set in statute below what affect does that have on the plaintiff's cause of action and request for relief? It says the burden of proof is on plaintiff (in my case). Ultimately a default judgment was ordered 2 or more months after first hearing. Is that proper since they never responded in any way to my answer????
RULE 55.13 AVERMENTS AS TO CAPACITY OR AUTHORITY OF PARTIES TO SUE OR BE SUED
It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the person shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended Sept. 28, 1993, effective Jan. 1, 1994.)
2.
In the language of the below statute I need to know what is meant by "other filing". Do they mean every thing file-stamped for example or everything document they prepared?
Specifically now my question is whether it would refer to, for example, the Robo-signed yet meaningless Affidavit which gives hearsay evidence alleging I owe the debt which is the subject of the Petition filed against me and upon which flimsy "evidence" an order granting default judgment was filed against me. Is the court ordering that attachments filed, such as attached documents? The Affidavit was a single document not attached to anything just referred to as "evidence".
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55.03 SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; APPEARANCE AND WITHDRAWAL OF COUNSEL; REPRESENTATIONS TO COURT; SANCTIONS
(a) Signature Required. Every pleading, motion and other filing shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party. An attorney who assists in the preparation of a pleading, motion, or other filing for an otherwise self-represented person is not required to sign the document. Every filing made electronically must add a certificate verifying that the attorney or party signed the original. The original signed filing must be maintained by the filer for a period of not less than the maximum allowable time to complete the appellate process.
Below the signature shall be printed the signer's name, Missouri bar number (if applicable), address, telephone number, facsimile number, and electronic mail address, if any.
3. What is this saying below? not that these are the only pleadings that may be made? Is it just that these are the only ones REQUIRED to be made? Is there a standard procedure for pleadings such as motion for continuance? Are motions for continuance to be in writing or if made orally who should request it? Can the judge just continue a case without plaintiff's attorney having requested a continuance?. What about the subsequent order of continuance? Is it to be in writing?
RULE 55.01 PLEADING REQUIRED
There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if leave is given to summon a person who was not an original party; and there shall be a third-party answer, if a third-party petition is served. A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded. No other pleading shall be required except as ordered by the court.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
I have more questions to come that I will add as soon as I get them organized.
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