reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.510 - Duty of clerk to furnish and enter abstracts — satisfaction of judgments — liability of clerk.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 2003
511.510. Duty of clerk to furnish and enter abstracts — satisfaction of judgments — liability of clerk. —
It shall be the duty of the clerks of any division of the circuit court to, within five days after the rendition of any final judgment in their respective division, enter an abstract of such judgment in the record as required in section 511.500; and the clerk shall immediately enter the same when the abstract aforesaid shall be furnished to such clerk by any party interested, or such party's agent; and each of the clerks and their sureties shall be respectively liable for any damage occasioned by any neglect to perform the duties hereby required of them respectively; and it is further provided that whenever any personal representative, guardian or conservator, or any party interested, or such party's agent, shall exhibit to the clerk of the court wherein such judgment may be recorded a receipt or certificate of the proper officer, stating that such judgment has been duly satisfied, then the circuit clerk shall, without further fee, enter satisfaction of such judgment in such clerk's office in the record as required in section 511.500.
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(RSMo 1939 § 1315, A.L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 982 merged with S.B. 833, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 2003 H.B. 613)
Prior revisions: 1929 § 1151; 1919 § 1602; 1909 § 2171
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.530 - Lien of judgment rendered by district No. 2 of Marion County circuit court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 02 Jan 1979, see footnote
511.530. Lien of judgment rendered by district No. 2 of Marion County circuit court. —
The lien of the judgment of district number 2 of the circuit court of Marion County shall be the same as the lien of the judgments of district number 1 of the circuit court for the county of Marion, and shall be governed by the same laws.
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(RSMo 1939 § 2430, A. 1949 H.B. 2119, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14558; 1919 § 13737; 1909 § 4286
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.540 - Death of a plaintiff, survival of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.540. Death of a plaintiff, survival of judgment. —
If one or more plaintiffs in a judgment or decree shall die before the same is satisfied or carried into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such deceased party, and if concerning real estate, to his or their heirs or devisees; and execution may be sued out in the name of the surviving plaintiff or plaintiffs, or legal representatives of the deceased plaintiff, for the benefit of himself or themselves, and the legal representatives of the deceased party; or the judgment or decree may be revived in the name of such legal representatives and the surviving plaintiffs, and execution sued out by them jointly.
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(RSMo 1939 § 1281)
Prior revisions: 1929 § 1116; 1919 § 1567; 1909 § 2136
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.550 - Death of a defendant, survival of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 02 Jan 1979, see footnote
511.550. Death of a defendant, survival of judgment. —
When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs or devisees, and execution may issue against any surviving defendant or defendants, or such judgment or decree may be revived against the heirs or devisees of any or all such deceased defendants, by scire facias, and execution may be sued out against the surviving defendant or defendants, and the heirs or devisees of such deceased defendants, or such of them as are made parties jointly; but if such judgment or decree concern the personalty, execution shall be sued out only against the surviving defendant or defendants; and if the lien of the judgment or decree has not expired, it shall be exhibited in the probate division of the circuit court for allowance, as other demands against the deceased defendant or defendant's estate, but if the lien has expired, the judgment or decree shall be revived against the executors or administrators of the deceased defendant or defendants, and then shall be proceeded with as herein directed.
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(RSMo 1939 § 1282, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1117; 1919 § 1568; 1909 § 2137
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.560 - Judgment revived by or against administrator de bonis non.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.560. Judgment revived by or against administrator de bonis non. —
If an executor or administrator be plaintiff or defendant in a judgment or decree, and shall die, resign or be dismissed before the same is satisfied or carried into effect, the judgment or decree may be revived by or against the administrator de bonis non, in the manner aforesaid.
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(RSMo 1939 § 1284)
Prior revisions: 1929 § 1119; 1919 § 1570; 1909 § 2139
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.570 - Satisfaction of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.570. Satisfaction of judgment. —
When any judgment or decree is satisfied otherwise than by execution, the party in whose favor the same was rendered shall, immediately thereafter, enter an acknowledgment of satisfaction thereof in the court where the same was obtained, or before the clerk of such court in vacation.
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(RSMo 1939 § 1286)
Prior revisions: 1929 § 1121; 1919 § 1572; 1909 § 2141
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.580 - Who may enter satisfaction.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.580. Who may enter satisfaction. —
Satisfaction may be entered by the plaintiff in person, by his attorney of record, or by his agent duly authorized, in writing, under the hand of the plaintiff.
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(RSMo 1939 § 1287)
Prior revisions: 1929 § 1122; 1919 § 1573; 1909 § 2142
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.590 - Satisfaction, where entered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.590. Satisfaction, where entered. —
If the acknowledgment is made in court, it shall be entered of record; but if made before the clerk in vacation, it shall be entered on the minutes, signed by the party making it, and attested by the clerk.
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(RSMo 1939 § 1288)
Prior revisions: 1929 § 1123; 1919 § 1574; 1909 § 2143
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.600 - When made by agent, his authority to be filed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.600. When made by agent, his authority to be filed. —
When made by an agent, his authority shall be filed in the office of the clerk of the court where the acknowledgment is made.
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(RSMo 1939 § 1289)
Prior revisions: 1929 § 1124; 1919 § 1575; 1909 § 2144
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.610 - Effect of acknowledgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.610. Effect of acknowledgment. —
The acknowledgment so made shall forever discharge and release the judgment or decree.
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(RSMo 1939 § 1290)
Prior revisions: 1929 § 1125; 1919 § 1576; 1909 § 2145
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.620 - Refusal of party to satisfy — proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.620. Refusal of party to satisfy — proceedings. —
If a person receiving satisfaction of a judgment or decree shall refuse within a reasonable time after request of the party interested therein to acknowledge satisfaction on the record, or cause the same to be done in the manner herein provided, the person so interested may, on notice given, apply to the court to have the same done, and the court may thereupon order satisfaction to be entered by the clerk, with like effect as if acknowledged as aforesaid; and the cost attending such acknowledgment shall be recovered of the party refusing by fee-bill, as in other cases.
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(RSMo 1939 § 1291)
Prior revisions: 1929 § 1126; 1919 § 1577; 1909 § 2146
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.630 - Clerks shall keep book for docketing judgments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.630. Clerks shall keep book for docketing judgments. —
The clerks of courts of record shall keep in their respective offices a well-bound book for entering therein an alphabetical docket of all judgments and decrees.
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(RSMo 1939 § 1294)
Prior revisions: 1929 § 1129; 1919 § 1580; 1909 § 2149
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.640 - Docket shall contain what entries.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.640. Docket shall contain what entries. —
They shall, during every term, or within thirty days thereafter, enter in such docket all final judgments and decrees rendered at such term in alphabetical order, by the name of the person against whom the judgment or decree was entered; and if the judgment or decree be against several persons, it shall be docketed in the name of each person against whom it was recovered, in the alphabetical order of their names, respectively.
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(RSMo 1939 § 1295)
Prior revisions: 1929 § 1130; 1919 § 1581; 1909 § 2150
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.650 - Further entries to be made in docket.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.650. Further entries to be made in docket. —
Such docket shall contain, in columns ruled for that purpose: First, the names of the parties; second, the date; third, the nature of the judgment or decree; fourth, the amount of debt, damages and costs; fifth, the book and page in which it is entered; sixth, a column for entering a note of the satisfaction or other disposition thereof.
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(RSMo 1939 § 1296)
Prior revisions: 1929 § 1131; 1919 § 1582; 1909 § 2151
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.660 - Space left to enter satisfaction.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.660. Space left to enter satisfaction. —
The clerks of courts of record, in recording judgments or decrees, shall leave a space or margin on the record for entering a memorandum of the satisfaction or vacation of such judgment or decree.
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(RSMo 1939 § 1292)
Prior revisions: 1929 § 1127; 1919 § 1578; 1909 § 2147
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.670 - Clerk to enter disposition of judgments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1939
511.670. Clerk to enter disposition of judgments. —
When satisfaction of a judgment or decree shall be acknowledged or entered by order of the court, or satisfaction shall be made by execution, or such judgment or decree shall be vacated, the clerk shall enter upon the margin of the judgment or decree a memorandum of the disposition thereof, the date, and the book and page in which the evidence is entered or recorded.
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(RSMo 1939 § 1293)
Prior revisions: 1929 § 1128; 1919 § 1579; 1909 § 2148
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.680 - Failure of clerk to perform duty — penalty.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.680. Failure of clerk to perform duty — penalty. —
Any clerk failing to comply with the provisions of sections 511.630 to 511.670, or who shall fail to enter in said docket, within the time required, the judgments of associate circuit judges' courts, transcripts of which have been filed in his office, shall forfeit and pay to the party injured thereby the sum of one hundred dollars, to be recovered by civil action.
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(RSMo 1939 § 1297)
Prior revisions: 1929 § 1133; 1919 § 1584; 1909 § 2153
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.690 - Assignment of judgments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1949
511.690. Assignment of judgments. —
Judgments of courts of record for the recovery of money may be assigned, in writing, by the plaintiff and the assignees thereof, successively, which assignment shall be on or attached to the judgment, and attested by the clerk of the court or associate circuit judge, and, when so made and attested, shall vest the title to such judgment in each assignee thereof, successively.
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(RSMo 1939 § 1300, A. 1949 H.B. 2119)
Prior revisions: 1929 § 1136; 1919 § 1587; 1909 § 2156
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.700 - Payment to assignor, when valid.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.700. Payment to assignor, when valid. —
Payments or satisfaction on such judgment to the assignor shall be valid, if made before notice of assignment to the judgment debtor, but not otherwise.
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(RSMo 1939 § 1301)
Prior revisions: 1929 § 1137; 1919 § 1588; 1909 § 2157
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.710 - Execution on assigned judgment, how issued.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.710. Execution on assigned judgment, how issued. —
In case of assignment, execution shall issue in the name of the original plaintiff, but shall be endorsed by the clerk or associate circuit judge to be for the use of the assignee.
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(RSMo 1939 § 1302)
Prior revisions: 1929 § 1138; 1919 § 1589; 1909 § 2158
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.720 - Assignee to have right of action.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.720. Assignee to have right of action. —
Any action or other proceeding, which the plaintiff in any judgment might have thereon, may be maintained in the name of the assignee.
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(RSMo 1939 § 1303)
Prior revisions: 1929 § 1139; 1919 § 1590; 1909 § 2159
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.730 - Execution of delivery bond to plaintiff's judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.730. Execution of delivery bond to plaintiff's judgment. —
Bonds for the delivery of property levied upon by virtue of such executions shall be to the judgment plaintiff for the use of such assignee; and all suits and proceedings relating to such judgment, or against any officer on his bond, for neglect of duty relating thereto, may be against or upon the complaint of such assignee, as the case may require.
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(RSMo 1939 § 1304)
Prior revisions: 1929 § 1140; 1919 § 1591; 1909 § 2160
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.740 - Submitting a controversy without action.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.740. Submitting a controversy without action. —
Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties; the court shall thereupon hear and determine the case, and render judgment thereon, as if an action were depending.
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(RSMo 1939 § 1263)
Prior revisions: 1929 § 1097; 1919 § 1548; 1909 § 2117
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.750 - Enforcement of judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
Effective - 28 Aug 1939
511.750. Enforcement of judgment. —
The judgment may be enforced in the same manner as if it had been rendered in an action, unless otherwise provided in the submission; and, in like manner, shall be with costs, and subject to an appeal or writ of error, unless otherwise provided in the submission.
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(RSMo 1939 § 1264)
Prior revisions: 1929 § 1098; 1919 § 1549; 1909 § 2118
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.770 - Citation of law — purpose.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.770. Citation of law — purpose. —
1. Sections 511.770 to 511.787 may be cited as the "Uniform Foreign Country Money-Judgments Recognition Act".
2. Sections 511.770 to 511.787 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
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(L. 1984 H.B. 957 §§ 9, 8)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.773 - Definitions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.773. Definitions. —
As used in sections 511.770 to 511.787:
(1)
"Foreign country"
means any governmental unit other than the United States, or any state, district, commonwealth, territory, or insular possession thereof;
(2)
"Foreign country judgment"
means any judgment of a foreign country granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.
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(L. 1984 H.B. 957 § 1)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.775 - Judgment final — appeal not to affect.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.775. Judgment final — appeal not to affect. —
Sections 511.770 to 511.787 apply to any foreign country judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.
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(L. 1984 H.B. 957 § 2)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.778 - Enforceability of judgment, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.778. Enforceability of judgment, when. —
Except as provided in section 511.780, a foreign country judgment meeting the requirements of section 511.775 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign country judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.
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(L. 1984 H.B. 957 § 3)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.780 - Judgment — not conclusive, when — need not be recognized, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.780. Judgment — not conclusive, when — need not be recognized, when. —
1. A foreign country judgment is not conclusive if:
(1) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) The foreign court did not have personal jurisdiction over the defendant; or
(3) The foreign court did not have jurisdiction over the subject matter.
2. A foreign country judgment need not be recognized if:
(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend;
(2) The judgment was obtained by fraud;
(3) The claim for relief on which the judgment is based is repugnant to the public policy of this state;
(4) The judgment conflicts with another final and conclusive judgment;
(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or
(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
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(L. 1984 H.B. 957 § 4)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.783 - Lack of personal jurisdiction not to affect judgment, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.783. Lack of personal jurisdiction not to affect judgment, when. —
1. The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if:
(1) The defendant was served personally in the foreign country;
(2) The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;
(3) The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign country when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign country;
(5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a claim for relief arising out of such operation.
2. The courts of this state may recognize other bases of jurisdiction consistent with fairness and substantial justice in the context of international commerce or relations.
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(L. 1984 H.B. 957 § 5)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.785 - Appeals, stay of proceedings granted, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.785. Appeals, stay of proceedings granted, when. —
If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.
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(L. 1984 H.B. 957 § 6)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 511 - Judgments › Section 511.787 - Recognition of judgment in situations not covered by uniform law.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 511
• Effective - 28 Aug 1984
511.787. Recognition of judgment in situations not covered by uniform law. —
Sections 511.770 to 511.787 do not prevent the recognition of a foreign country judgment in situations not covered by sections 511.770 to 511.787.
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(L. 1984 H.B. 957 § 7)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.010 - Writs of error in civil cases abolished — review by appeal.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.010. Writs of error in civil cases abolished — review by appeal. —
1. Writs of error are abolished in civil cases. Review shall be by appeal, which shall constitute a continuation of the proceeding in the trial court and be deemed to present all issues which heretofore have been presented by writ of error and appeal.
2. This section is not intended to apply to criminal cases.
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(L. 1943 p. 353 § 125)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.025 - Habeas corpus proceedings for custody of minor child, who may appeal.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1986
512.025. Habeas corpus proceedings for custody of minor child, who may appeal. —
Any party may appeal to the court of appeals from a decision in a habeas corpus proceeding involving the custody of a minor child where there is in effect, at the time of the hearing on the writ, no prior court order determining custody. Such appeal shall be expedited by the court in every manner practicable.
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(L. 1986 S.B. 493 § 1)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.030 - Appeals jointly or separately.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.030. Appeals jointly or separately. —
Parties interested jointly, severally, or otherwise in a judgment may join in an appeal therefrom; or, without summons and severance any one or more of them may appeal separately or any two or more of them may join in an appeal.
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(L. 1943 p. 353 § 127)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.040 - Titles in appeals.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.040. Titles in appeals. —
The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal.
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(RSMo 1939 § 1185, A.L. 1943 p. 353 § 128)
Prior revisions: 1929 § 1019; 1919 § 1470; 1909 § 2039
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.050 - Notice of appeal — when filed — court reporter to be paid, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1997
512.050. Notice of appeal — when filed — court reporter to be paid, when. —
When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final. All charges due to the court reporter for preparation of the transcript of the record of the trial court shall be paid within ten days of the ordering of the transcript. In the event that actual charges due for the preparation of the transcript cannot be readily determined, a deposit in the amount of the estimated charges due for preparation of the transcript shall be paid within ten days of the written notification by the court reporter of the amount of such estimated charges. The court reporter shall provide such written notification within ten days of any request for transcript. After a timely filing of such notice of appeal, failure of the appellant to take any of the further steps to secure the review of the judgment or order appealed from does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate, which may include dismissal of the appeal.
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(L. 1943 p. 353 § 129, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)
(1973) An appeal is to be taken from the judgment entered on jury's verdict, not from order overruling motion for new trial. Safe-Buy Real Estate Agency, Inc. v. Hemphill (A.), 498 S.W.2d 599.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.060 - Appeal by special order of court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.060. Appeal by special order of court. —
1. When an appeal is permitted by law from a final judgment in the trial court, but the time prescribed for filing the ordinary notice of appeal with the clerk of the trial court as set forth in section 512.050 has expired, nevertheless a party seeking reversal of such final judgment may file a notice of appeal in the trial court, within six months from the date of such final judgment, if permitted to do so by a special order of the appropriate appellate court. The special order may be allowed by the appellate court, upon motion and notice to adverse parties, and upon a showing by affidavit, or otherwise, that there is merit in appellant's claim for the special order and that the delay was not due to appellant's culpable negligence. When notified of the issuance of a special order by the appellate court the clerk of the trial court in which the final judgment was entered shall permit the appellant to file a notice of appeal and the appellant shall then proceed to prepare the transcript on appeal as if the appeal had been allowed without a special order.
2. When an appeal is taken after a special order the power to issue a stay is lodged exclusively in the appellate court, which may in its discretion decline to issue a stay or may issue a stay upon such terms with respect to a supersedeas bond as may be appropriate, and in general accord with section 512.080. The supersedeas bond shall be filed in the trial court and the sureties therein shall be subject to the jurisdiction of the trial court as indicated in section 512.100. If a final judgment in the trial court is reversed or modified by the appellate court such reversal or modification shall not affect the rights of any person, not a party to such a suit, acquired in good faith after expiration of the time prescribed for taking an appeal without a special order, but before the filing of the notice of appeal by special order.
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(L. 1943 p. 353 § 130)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.070 - Notice to specify what — duties of clerk on filing of appeal.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.070. Notice to specify what — duties of clerk on filing of appeal. —
1. The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or order appealed from; and shall name the court to which the appeal is taken.
2. Notification of the filing of the notice of appeal shall thereupon be given by the clerk of the trial court by mailing copies thereof by registered mail to all the parties to the judgment other than the party or parties taking the appeal, but his failure so to do does not affect the validity of the appeal. The notification to a party shall be given by mailing a copy of the notice of appeal to his attorney of record or, if the party is not represented by an attorney, then to the party at his last known address, and such notification is sufficient notwithstanding the death of the party or of his attorney prior to the giving of the notification. At the same time the clerk shall mail a copy of the notice of appeal to the clerk of the appellate court together with a docket fee deposited by appellant. The clerk shall note in a memorandum filed in the cause the names of the parties to whom he mails the copies, with date of mailing.
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(L. 1943 p. 353 § 131)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.080 - Appeals to stay execution, when — bond.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1983
512.080. Appeals to stay execution, when — bond. —
1. Appeals shall stay the execution in the following cases:
(1) When the appellant shall be a personal representative, guardian, or conservator, and the action shall be by or against him as such, or when the appellant shall be a county, city, town, township, school district, or other municipality;
(2) When the appellant, at or prior to the time of filing notice of appeal, presents to the court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. The court may also at or prior to the time of filing notice of appeal, by order of record, fix the amount of the supersedeas bond and allow appellant reasonable time, not exceeding twenty days, from the date of the order to file the same subject to the approval of the court or clerk, and such appeal bond, approved by the court or clerk and filed within the time specified in such order, shall have the effect to stay the execution thereafter. If any execution shall have been taken prior to the filing of the bond as so approved by the court or clerk, the same shall be released.
2. The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff, or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. The bond shall indicate the addresses of the sureties.
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(L. 1943 p. 353 § 132, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.085 - Supersedeas bond requirements, tobacco settlement litigation.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 2003
512.085. Supersedeas bond requirements, tobacco settlement litigation. —
1. In order to secure and protect the moneys to be received as a result of the master settlement agreement, as defined in section 196.1000, in civil litigation as to any claim relating to tobacco products involving a signatory, a successor of a signatory, or an affiliate of a signatory to the master settlement agreement, the amount of the required undertaking or bond or equivalent surety to be furnished during the pendency of an appeal or any discretionary appellate review of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or equivalent surety that is required of all appellants collectively shall not exceed fifty million dollars, regardless of the value of the judgment. Nothing in this section or any other provision of law shall be construed to eliminate the discretion of the court, for good cause shown, to set the undertaking or bond on appeal in an amount lower than that otherwise established by law.
2. If the appellee proves by a preponderance of the evidence that a party bringing an appeal or seeking a stay, for whom the undertaking has been limited, is purposefully dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, a limitation granted pursuant to subsection 1 of this section may be rescinded and the court may enter such orders as are necessary to prevent dissipation or diversion of the assets. An appellant whose bond has been reduced pursuant to subsection 1 of this section shall:
(1) Provide to the court and appellee the most recent statement of assets and liabilities of the appellant that is filed with any federal, state, or foreign regulatory agency;
(2) Provide to the court and appellee on a quarterly basis any subsequent updated statement of assets and liabilities that is filed with any federal, state, or foreign regulatory agency; and
(3) Agree that it will not dissipate or divert assets outside the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment.
3. The provisions of this section shall apply to all cases pending on or after August 28, 2003.
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(L. 2003 S.B. 242)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.090 - Bond filed, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
Effective - 28 Aug 1943
512.090. Bond filed, when. —
If a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, and if the action is not yet transferred to the appellate court, a bond may be filed at such time before the action is so transferred to the appellate court, as may be fixed by the trial court. After the action is so transferred, application for leave to file a bond may be made only in the appellate court.
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(L. 1943 p. 353 § 133)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.099 - Bond or surety required during pendency of appeal, set how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 2005
512.099. Bond or surety required during pendency of appeal, set how. —
1. In all cases in which there is a count alleging a tort, the amount of the required undertaking or bond or equivalent surety to be furnished during the pendency of an appeal or any discretionary appellate review of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review shall be set in accordance with applicable laws or court rules; except, that the total appeal bond or equivalent surety that is required of all appellants collectively shall not exceed fifty million dollars, regardless of the value of the judgment. Nothing in this section or any other provision of law shall be construed to eliminate the discretion of the court, for good cause shown, to set the undertaking or bond on appeal in an amount lower than that otherwise established by law.
2. If the respondent proves by a preponderance of the evidence that a party bringing an appeal or seeking a stay, for whom the undertaking has been limited, is purposefully dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, the limitation granted under subsection 1 of this section may be rescinded and the court may enter such orders as are necessary to prevent dissipation or diversion of the assets. An appellant whose bond has been reduced under subsection 1 of this section shall:
(1) Provide to the court and respondent the most recent statement of assets and liabilities of the appellant that is filed with any federal, state, or foreign regulatory agency;
(2) Provide to the court and respondent on a quarterly basis any subsequent updated statement of assets and liabilities that is filed with any federal, state, or foreign regulatory agency; and
(3) Agree in writing or in court on the record that it will not dissipate or divert assets outside the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment.
3. The provisions of this section shall apply to all judgments entered on or after August 28, 2005.
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(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.100 - Supersedeas bond — enforcement.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1943
512.100. Supersedeas bond — enforcement. —
By entering into a supersedeas bond, the surety submits himself to the jurisdiction of the trial court and his liability may be enforced on motion for judgment thereon, without the necessity of an independent action. A copy of the motion, and such additional notice of the motion as the court requires shall be served like a summons upon a surety who resides and can be found in the county where the judgment was entered, or who maintains an office and agent in said county where and upon whom such service may be made. If the surety is not a resident who can be found in said county, or if he maintains no office and agent for service there, at the time such motion is filed, by entering into such bond he shall be deemed to have irrevocably appointed the clerk of the trial court his agent upon whom any papers affecting his liability on the bond may be served; and the clerk shall forthwith mail copies of any such papers to such surety to his last known address, by registered mail.
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(L. 1943 p. 353 § 134)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.110 - Transcript of record — filing — contents — omissions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1947
512.110. Transcript of record — filing — contents — omissions. —
1. Within the time prescribed by sections 512.130 and 512.140, the appellant shall cause the transcript on appeal, which may be in typewritten form, to be prepared and filed with the clerk of the proper appellate court; and within five days thereafter a copy of the transcript on appeal shall be filed with the clerk of the trial court, which copy shall remain on file in the office of said clerk.
2. The transcript on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented to the appellate court for decision by either appellant or respondent, except that at the direction of either party the transcript shall include all of the evidence in the case; provided however, that costs for any unnecessary part of the transcript which the appellate court finds has been unreasonably caused to be included in the transcript may be taxed against the party requiring its inclusion. The parties may agree in writing upon an abbreviated or partial transcript of the record, proceedings and evidence, with the evidence either in narrative form or in question and answer form, or upon a statement of the case as provided in section 512.120.
3. If the parties agree that the transcript correctly includes all of the record, proceedings and evidence, it need not be approved by the trial court. If an abbreviated transcript is used, it must be approved by the trial court, which may require any additions considered necessary fully to present the questions raised on appeal. If there is any dispute concerning the correctness of any transcript, or any part thereof, or if the parties fail to agree within a reasonable time as to its correctness, the transcript shall be settled and approved by the trial court. If anything material to either party is omitted from the transcript by error or accident or is inadvertently misstated therein, the parties by stipulation, or the trial court, before the transcript is filed in the appellate court, or the appellate court thereafter, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement shall be corrected and any such correction in the appellate court shall be certified by its clerk to the trial court. The appellate court may, if it seems necessary, order that a supplemental transcript on appeal shall be prepared and filed by either party or by the clerk of the trial court including any additional part of the record, proceedings and evidence, or the clerk may be directed to send up any original documents or exhibits.
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(L. 1943 p. 353 § 135, A.L. 1947 V. II p. 219)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.120 - Agreed statement of case.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1943
512.120. Agreed statement of case. —
When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence, and proceedings in the court below, the parties may prepare and sign a statement of the case showing how the questions arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the questions by the appellate court. The statement shall include a copy of the judgment or order appealed from, a copy of the notice of appeal with its filing date, and a concise statement of the points to be relied on by the appellant. If the statement conforms to the truth, it, together with such additions as the court may consider necessary fully to present the questions raised by the appeal, shall be approved by the trial court and shall then be certified to the appellate court as the transcript on appeal.
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(L. 1943 p. 353 § 136)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.130 - Transcript, when filed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1943
512.130. Transcript, when filed. —
The transcript on appeal shall be filed with, and the action transferred to, the appellate court within ninety days from the date of filing of the notice of appeal, except that, when more than one appeal is taken from the same judgment or order to the same appellate court, the trial court may prescribe the time for filing and transferring, which in no event shall be less than ninety days from the date of filing of the first notice of appeal.
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(L. 1943 p. 353 § 137)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 512 - Appeals and Appellate Procedure › Section 512.140 - Extension of time by trial court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 512
• Effective - 28 Aug 1943
512.140. Extension of time by trial court. —
The trial court may extend the time within which any act may be done under sections 512.110 and 512.130, in accordance with subsection 2 of section 506.060.
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(L. 1943 p. 353 § 138)