Supreme Court Rules
Rule 75 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Control of Judgments
Publication / Adopted Date:
June 10, 1980
Judgments, Control by Trial Court
Revised / Effective Date:
January 1, 1981
75.01. Judgments, Control by Trial Court
The trial court retains control over judgments during the thirty-day period after entry of judgment and may, after giving the parties an opportunity to be heard and for good cause, vacate, reopen, correct, amend, or modify its judgment within that time. Not later than thirty days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall specify the grounds therefor. After the filing of notice of appeal and before the filing of the record on appeal in the appellate court, the trial court, after the expiration of such thirty-day period, may still vacate, amend or modify its judgment upon stipulation of the parties accompanied by a withdrawal of the appeal.
The thirty-day period after entry of judgment for granting a new trial of the court's own initiative is not shortened by the filing of a notice of appeal but is terminated when the record on appeal is filed in the appellate court.
(Amended June 10, 1980, eff. Jan. 1, 1981.)
COMMITTEE NOTE - 1959
This rule is based upon Section 119 of the 1943 Code
Section 510.370, RSMo
1959 but the first, third, and fourth sentences are taken from existing Rule 3.25, which permits vacation of a judgment.
Rule 59(d), Federal Rules of Civil Procedure.