74.04(c)(2) Responses to Motions for Summary Judgment. Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall set forth each statement of fact in its original paragraph number and immediately thereunder admit or deny each of movant's factual statements. A denial may not rest upon the mere allegations or denials of the party's pleading. Rather, the response shall support each denial with specific references to the discovery, exhibits or affidavits that demonstrate specific facts showing that there is a genuine issue for trial. Attached to the response shall be a copy of all discovery, exhibits or affidavits on which the response relies. A response that does not comply with this Rule 74.04(c)(2) with respect to any numbered paragraph in movant's statement is an admission of the truth of that numbered paragraph.
74.04(c)(6)A summary judgment, interlocutory in character, may be entered on any issue, including the issue of liability alone, although there is a genuine issue as to the amount of the damages.
Affidavit in support of motion for continuance of a summary judgment hearing must do more than allege further discovery might provide the necessary evidence; rather, it must describe the evidence. Adams v. City of Manchester (App. E.D. 2007) 242 S.W.3d 418, rehearing and/or transfer denied. Judgment 186
A party seeking a continuance of summary judgment hearing must file an affidavit supporting its motion and must specify what additional evidence supporting the existence of a factual dispute the movant would have presented to the court if the court had continued the hearing. Adams v. City of Manchester (App. E.D. 2007) 242 S.W.3d 418, rehearing and/or transfer denied. Judgment 186
Failure to respond to a motion for summary judgment with specific facts showing genuine material issues results in admission of the facts alleged. Reese v. Ryan's Family Steakhouses, Inc. (App. S.D. 2000) 19 S.W.3d 749.
The failure to respond to a motion for summary judgment with specific facts showing genuine material issues results in an admission of the facts alleged. Collins v. Feldman (App. E.D. 1999) 991 S.W.2d 718.
Party may not waive noncompliance with summary judgment rule. Morrissey v. Florissant Valley Fire Protection Dist. of St. Louis County (App. E.D. 1996) 914 S.W.2d 70.
Requirements of summary judgment rule, stating that response shall admit or deny each of movant's factual statements in numbered paragraphs that correspond to movant's numbered paragraphs, are mandatory. Ford v. Cedar County (App. S.D. 2006) 216 S.W.3d 167