LAWS MOTIONS LINKS
Comes now the appellant,______________
, and asks that the trial court correct the record on appeal. Appellant
first finds the legal file inaccurate and in some cases not properly file
stamped. Appellant, further, finds the transcript incomplete, and inaccurate,
as well as not properly certified. Appellant takes this motion pursuant
to RSMo 512.110(3), Missouri Supreme Court Rule 81.12(c); as maintained
in Hendershott v. Minich 297 S.W. 2ND 403, as well as Karr & Conn V.
Cade School Coop of Drainage District App. 297 S.W. 730 . Further, as to
certification Missouri Supreme Court Rule 30.04(g), 81.15(b) specifically
maintains the transcriber or Court Reporter certify transcript, and further,
in the case of an abbreviated transcript not agreed upon the trial court
must so certify, pursuant St. Louis Housing Authority V. Evans 285 S.W.
2 550. Appellant asks that the following documents be corrected and certified:
1) Docket sheets, page # 355 of the legal file contain incorrect information in that Trial Court’s Order is not accurate.
2) Receipt # is not accurate.
3. Documents Title:
A)(jury seating arraignments to jury instructions etc),legal file page # (should always be cited).
B)jury summons, page # of the legal file, contain incorrect and false information.
C)recording logs, page # of the legal file, are in conflict with the transcript.
D)state’s exhibit # , page # of the legal file was not presented as presented.
E)official reports of any nature which would tend to negate the state’s case. (Be sure to note page of the legal file.)
do not accurately reflect the true nature of the proceedings in that they are specifically erroneous.
4) Transcripts for June 5, 199_ as maintained in transcript on Vol. 1 page 2 are incorrect in that_________(cite)_
5) page 4 Vol.. 1 shows inaccurate response of the respondent to courts Question.
6) page 10 of the vol. 1 is inaccurate as to court’s conversation with the defendant
7) transcript for motion to consolidate as well as defense motions held (list dates and discrepancies).
8) Transcript for LIST DATES AND PAGE # is inaccurate incomplete and False.
9) Transcripts for (LIST DATES AND PAGE #) is inaccurate and incomplete and in some instances false.
Therefore; appellant must ask that the original recording’s of the proceedings be submitted for review by the appellant pursuant to Mo. S. Ct. Ad. Rule 5.11; and, ( the appellant court, and / or the trial court) make the appropriate corrections. Further ( NAME OF CERTIFIER, ) did so certify, page # of the transcript, this document and failed to comply with the Court’s Clerk Manual on Sound Recording Proceeding in that the recording logs do not follow the transcription.
Therefore, the appellant requests that the court realize that it has the power and jurisdiction to correct its own record, and grant the appellant a hearing and an opportunity to have witnesses, and evidence be presented on appellant’s behalf which would support appellants version.
respectfully submitted,
signature
name
address
CERTIFICATE OF SERVICE
I, YOUR NAME, , do swear and affirm that one true and accurate copy of the foregoing was mailed postage prepaid on this day of , 199 to Mrs,__________ attorney for the respondent as well as to the guardian as litem Mr. __________________ at their offices:
1) Mr. d____________ PO box ___ Joplin Mo. 65555.
2) Mrs ________________ P.O.
Box ___ Carthage Mo. 657575.
signature
IN THE ____th CIRCUIT COURT,
_______________, COUNTY
STATE of MISSOURI
Comes now the appellant,
YOUR
NAME, , and does offer the following reasons
for the court to grant a hearing or in the alternative appellant’s request
to correct the record on appeal:
1) CITE CASE HISTORY TO BEST SUPPORT NUNC PRO TUNC MOTION.
2) CITE THE RECORD ON APPEAL TO SPECIFIC ACTIONS.
3) CITE THE MO.S.CT.RULE OR RSMO STATUTE PROHIBITING.
Therefore, appellant requests pursuant to the rules cited in the original motion and in light of the facts maintained in this document feels the court must take immediate corrective measures to insure that due process of law is provided in this proceeding.
respectfully submitted,
signature
name
address
IN THE ____th CIRCUIT COURT,
_______________, COUNTY
STATE of MISSOURI
STATE of MISSOURI, Plaintiff
, Attorney
V CASE #CV - (DR)
, Defendant
CERTIFICATE OF SERVICE
Comes now the defendant, (your name) ,
and does swear and affirm that one true and accurate copy
of the foregoing was mailed, postage prepaid, on this(day)
day of (month) , 199__, to (plaintiff’s attorney name) ,
P.O. box , (plaintiff’s attorney address) _
_________________________________________________________.
Missouri, 6(zip).
1) (name of motion you have filed)___________________________
_________.
2)___________(any other motion)___________________________
____________________________________________________________
3)___________________________________________________
__________________________________________________________
Respectfully submitted,
___________________________________________(signature)
___________________________________________________________________(name)
_______________________________________________________________ (address)
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