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How to Add to My Affirmative Defenses to the Court

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  • 11-10-2008, 11:03 PM
    bobby623
    How to Add to My Affirmative Defenses to the Court
    My question involves court procedures for the state of: Missouri

    I'm being sued by a CC company in Circuit court on Nov 19. Today, I submitted my answer to the court, affirmative defenses, and a counterclaim. Tonight, I discovered some important evidence. How do I add this information to my affirmative defenses, since I've already submitted them to the court. Do I write up a another document and call it an "Addendum" or do I have to submit a revised copy of my original document?

    Basically, they've attached what they're calling the Cardmember Terms to their petition, for a CC I had in 2002-2003. Well, tonight, I noticed that the Cardmember Terms they submitted is dated 2007, proving that it is not the original agreement I had with the CC company--and probably blowing their case out of the water.

    Thanks,
    B.
  • 11-11-2008, 03:29 AM
    BOR
    Re: How to Add to My Affirmative Defenses to the Court
    You need to check the local rules of court to see if Leave of court is necessary to file an ammended Answer.


    If you can find no provision for it, then do it, if not permitted, the court will strike it. I don't see why it would not be permitted, especially if you represent yourself.
  • 11-11-2008, 05:43 AM
    lwpat
    Re: How to Add to My Affirmative Defenses to the Court
    I see no reason to amend your answer. At trial you can object to the terms being admitted into evidence.
  • 11-11-2008, 07:07 AM
    bobby623
    Re: How to Add to My Affirmative Defenses to the Court
    Thank you for the tips.

    Missouri statute 509.490 states: "A party may amend his pleading as a matter of course at any time before a responsive pleading is filed and served, or, if the pleading is one to which no responsive pleading is required and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty days after it is filed."

    So I guess I can just go ahead and add to it.

    I'd prefer to add to it on paper rather than bring it up in court, because I'm much better at writing than speaking. Also, this reeks of the CC Company presenting a "fake" document to the court to prove their case. I don't think that is going to stand well with the judge, and I'd like to point it out to the court as soon as possible.

    Can they retract it as evidence?
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