reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 432 - Contracts Required to Be in Writing › Section 432.270 - Time and place of sending and receipt.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 432
• Effective - 28 Aug 2003
432.270. Time and place of sending and receipt. —
1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) Is in a form capable of being processed by that system; and
(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
2. Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) It is in a form capable of being processed by that system.
3. Subsection 2 of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection 4 of this section.
4. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
5. An electronic record is received under subsection 2 of this section even if no individual is aware of its receipt.
6. Receipt of an electronic acknowledgment from an information processing system described in subsection 2 of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
7. If a person is aware that an electronic record purportedly sent under subsection 1 of this section or purportedly received under subsection 2 of this section was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement.
­­--------
(L. 2003 H.B. 254)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 432 - Contracts Required to Be in Writing › Section 432.295 - Severability clause.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 432
• Effective - 28 Aug 2003
432.295. Severability clause. —
If any provision of sections 432.200 to 432.295 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 432.200 to 432.295 which can be given effect without the invalid provision or application, and to this end the provisions of sections 432.200 to 432.295 are severable.
­­--------
(L. 2003 H.B. 254)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.010 - Surety may require obligee to sue principal — notice.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
• Effective - 28 Aug 1939
433.010. Surety may require obligee to sue principal — notice. —
Any person bound as surety for another in any bond, bill or note, for the payment of money or delivery of property, may, at any time after an action has accrued thereon, require, in writing, the person having such right of action forthwith to commence suit against the principal debtor and other parties liable.
­­--------
(RSMo 1939 § 3318)
Prior revisions: 1929 § 2931; 1919 § 12687; 1909 § 11269
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.020 - Notice, how served.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.020. Notice, how served. —
The notice required above shall be served by delivering a copy thereof to the person having the right of action on the instrument, or leaving a copy at his usual place of abode with some person of the family over the age of fifteen years.
­­--------
(RSMo 1939 § 3320)
Prior revisions: 1929 § 2933; 1919 § 12689; 1909 § 11271
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.030 - Surety shall be discharged, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
• Effective - 28 Aug 1939
433.030. Surety shall be discharged, when. —
If such suit is not commenced within thirty days after the service of such notice, and proceeded in with due diligence, in the ordinary course of law, to judgment and execution, such surety shall be exonerated from liability to the person so notified.
­­--------
(RSMo 1939 § 3319)
Prior revisions: 1929 § 2932; 1919 § 12688; 1909 § 11270
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.040 - Sureties may not require suit against principal in fidelity bond.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1983
433.040. Sureties may not require suit against principal in fidelity bond. —
Sections 433.010 and 433.030 shall not extend to the bond of any personal representative, guardian, conservator, officer or other person given to secure the performance of the duties of his office, trust, place of business, nor to any bond with a collateral condition, except bond with conditions exclusively for the payment of money or the delivery of property, or for the performance of any covenant or agreement for the payment of money or delivery of property.
­­--------
(RSMo 1939 § 3321, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2934; 1919 § 12690; 1909 § 11272
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.050 - Interest due on amount paid by surety.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.050. Interest due on amount paid by surety. —
When any bond, bill or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and such bond, bill or note, or any part thereof, shall be paid by any surety thereto, the principal debtor shall refund to such surety the amount or value so paid, with interest thereon at ten percent per annum from the time of such payment.
­­--------
(RSMo 1939 § 3324)
Prior revisions: 1929 § 2937; 1919 § 12693; 1909 § 11275
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.060 - Remedy of surety.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.060. Remedy of surety. —
When such payment by a surety shall be made in money, such surety may recover the same, with the interest; and when such payment is made in property, he may recover the value, with interest.
­­--------
(RSMo 1939 § 3325)
Prior revisions: 1929 § 2938; 1919 § 12694; 1909 § 11276
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.070 - Surety entitled to judgment against principal on motion, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
• Effective - 28 Aug 1939
433.070. Surety entitled to judgment against principal on motion, when. —
In all cases where judgment is given in any court, whether of record or not, upon any bond, bill or note, for the payment of money or delivery of property, against the principal debtor and any surety therein, and such surety shall pay the judgment or any part thereof, he shall be entitled, upon motion, to a judgment in the same court against the principal debtor for the amount he has paid, with ten percent interest thereon from the time of payment, together with costs.
­­--------
(RSMo 1939 § 3328)
Prior revisions: 1929 § 2941; 1919 § 12697; 1909 § 11279
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.080 - Judgment on motion — proceedings.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.080. Judgment on motion — proceedings. —
No judgment shall be rendered, as is provided in section 433.070, unless the party applying therefor shall have given the adverse party at least ten days' notice, in writing, of such motion, nor unless such motion shall be made within one year after the rendering of the original judgment.
­­--------
(RSMo 1939 § 3329)
Prior revisions: 1929 § 2942; 1919 § 12698; 1909 § 11280
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.090 - Cosurety may demand that judgment be obtained against estate of deceased surety or principal.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
• Effective - 28 Aug 1939
433.090. Cosurety may demand that judgment be obtained against estate of deceased surety or principal. —
If any person bound as principal or surety in any bill, note or other instrument of writing for the direct payment of money dies, any cosurety therein, or his legal representatives, may, in writing, at any time within the time limited by law for presentation of demands against estates of deceased persons, notify the person having the right of action to proceed to action in the proper tribunal to secure judgment against the estate of the deceased on account of such bill, note or other instrument aforesaid.
­­--------
(RSMo 1939 § 3322)
Prior revisions: 1929 § 2935; 1919 § 12691; 1909 § 11273
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.100 - Failure to prosecute such action exonerates surviving surety.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
• Effective - 28 Aug 1939
433.100. Failure to prosecute such action exonerates surviving surety. —
If such action be not begun by the party having the right thereof, within a reasonable time after being notified as above provided so to do, and proceeded in with due diligence in the ordinary course of law to a final determination of the issues, the surety giving such notice shall be exonerated from liability to the person so notified; provided, that two or more sureties may join in the same notice; provided further, that the service of notice on the administrator or executor of the estate, or the waiver thereof, shall be deemed to be the commencement of such action within the meaning of sections 433.090 and 433.100.
­­--------
(RSMo 1939 § 3323)
Prior revisions: 1929 § 2936; 1919 § 12692; 1909 § 11274
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.110 - Contribution between sureties.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.110. Contribution between sureties. —
When there are two or more sureties in any such bond, bill or note, and any of them shall pay, in money or property, more than his due portion of the original demand, such surety may recover such excess, as herein provided for a surety against the principal debtor.
­­--------
(RSMo 1939 § 3326)
Prior revisions: 1929 § 2939; 1919 § 12695; 1909 § 11277
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.120 - Liability of surety limited.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.120. Liability of surety limited. —
No such surety shall be compelled, in any action, to pay more than his due proportion of the original demand; and when such surety shall have previously paid any portion thereof, he shall be liable to pay only so much as the amount already paid by him falls short of his due proportion of the original demand.
­­--------
(RSMo 1939 § 3327)
Prior revisions: 1929 § 2940; 1919 § 12696; 1909 § 11278
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.130 - Surety discharged from future liability, when, how.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1983
433.130. Surety discharged from future liability, when, how. —
Any person bound as surety in any bond given by any officer, including personal representatives, guardians, conservators, assignees, receivers, trustees and depositaries to secure the faithful performance of the duties of such officer, may, on his petition in writing addressed to the court authorized by law, for the time being, to take and approve such official bond, be discharged from all future liability on such official bond.
­­--------
(RSMo 1939 § 3330, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2943; 1919 § 12699; 1909 § 11281
CROSS REFERENCE:
Sureties on collector's bond may be discharged, when, 52.100
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.140 - Petition — contents.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.140. Petition — contents. —
The petition shall set forth the facts upon which the application for a discharge is founded, and shall be verified by the affidavit of the petitioner thereto annexed.
­­--------
(RSMo 1939 § 3331)
Prior revisions: 1929 § 2944; 1919 § 12700; 1909 § 11282
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.150 - Notice of application.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.150. Notice of application. —
A notice in writing of such intended application, together with a copy of the petition, shall be personally served on the principal in the bond, at least fifteen days before the making of the application.
­­--------
(RSMo 1939 § 3332)
Prior revisions: 1929 § 2945; 1919 § 12701; 1909 § 11283
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.160 - Notice by publication.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.160. Notice by publication. —
If the principal in the bond shall be absent from the state for the period of six months, the publication of the notice and petition in some newspaper printed in this state, for four weeks successively, shall be sufficient service of the notice.
­­--------
(RSMo 1939 § 3333)
Prior revisions: 1929 § 2946; 1919 § 12702; 1909 § 11284
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.170 - Duties of the court.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.170. Duties of the court. —
The court to whom the petition is addressed shall hear the application, and may, on examination thereof, in its discretion, make an order requiring the principal in such bond to give a new bond, with sureties for the performance of his official duties.
­­--------
(RSMo 1939 § 3334)
Prior revisions: 1929 § 2947; 1919 § 12703; 1909 § 11285
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.180 - New bond, how taken.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.180. New bond, how taken. —
If such bond be given, it shall be taken, approved and filed in the same manner that the official bond of such officer is required by law, for the time being, to be taken, approved and filed.
­­--------
(RSMo 1939 § 3335)
Prior revisions: 1929 § 2948; 1919 § 12704; 1909 § 11286
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.190 - Effect on new bond.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.190. Effect on new bond. —
When such new bond is taken, approved and filed, it shall immediately operate as a discharge of all the sureties in the former bond from all liability arising from any subsequent misconduct or default of the principal therein, and such sureties shall thenceforth be liable on such bond only for such breaches thereof as shall have happened prior to the taking, approving and filing of the new bond.
­­--------
(RSMo 1939 § 3336)
Prior revisions: 1929 § 2949; 1919 § 12705; 1909 § 11287
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.200 - Failure to give new bond, proceedings.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.200. Failure to give new bond, proceedings. —
If such principal shall neglect or refuse to give such new bond, with sureties, within sixty days after making such order, his office, trust, power and authority shall thenceforth be vacated, cease and determine; and the court making such order, or having the power to take such new bond, shall forthwith certify such vacancy to the court or officer having power to appoint a successor, and such vacancy shall be immediately supplied according to law.
­­--------
(RSMo 1939 § 3337)
Prior revisions: 1929 § 2950; 1919 § 12706; 1909 § 11288
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.210 - Remedy of surety.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.210. Remedy of surety. —
Any person bound as surety in any bond given by any officer to secure the faithful performance of his duties, who shall pay any money which he shall have been liable to pay by reason of such bond, shall have the same right and remedy against his principal and cosureties as is provided in this chapter against principals and cosureties in bonds, bills and notes, for the payment of money or delivery of property.
­­--------
(RSMo 1939 § 3338)
Prior revisions: 1929 § 2951; 1919 § 12707; 1909 § 11289
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 433 - Suretyship › Section 433.220 - Remedies against executors and administrators, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 433
Effective - 28 Aug 1939
433.220. Remedies against executors and administrators, when. —
The remedies given by this chapter may be maintained by and against executors and administrators, in all cases where they could be maintained by or against their testators or intestates, if they were living.
­­--------
(RSMo 1939 § 3339)
Prior revisions: 1929 § 2952; 1919 § 12708; 1909 § 11290
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.010 - Bonds, notes founded on gaming considerations, void.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1953
434.010. Bonds, notes founded on gaming considerations, void. —
All judgments by confession, conveyances, bonds, bills, notes and securities, when the consideration is money or property won at any game, gambling device, or by any bet or wager whatever, shall be void and may be set aside and vacated by any court of competent jurisdiction, upon suit brought for that purpose by the person so confessing, giving, entering into or executing the same, or by his executors or administrators or by any creditor, heir, devisee, purchaser or other person interested therein.
­­--------
(RSMo 1939 § 3394, A.L. 1953 p. 321)
Prior revisions: 1929 § 3007; 1919 § 5744; 1909 § 6625
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.020 - Assignment not to affect defense.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1939
434.020. Assignment not to affect defense. —
The assignment of any bond, bill, note, judgment, conveyance or other security shall not affect the defense of the person executing or confessing the same.
­­--------
(RSMo 1939 § 3395)
Prior revisions: 1929 § 3008; 1919 § 5745; 1909 § 6626
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.030 - Money lost at gaming recovered, how,

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
• Effective - 28 Aug 1953
434.030. Money lost at gaming recovered, how, —
Any person who shall lose any money or property at any game, gambling device or by any bet or wager whatever, may recover the same by a civil action.
­­--------
(RSMo 1939 § 3392, A.L. 1953 p. 321)
Prior revisions: 1929 § 3005; 1919 § 5742; 1909 § 6623
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.040 - Heirs may have the remedy.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1953
434.040. Heirs may have the remedy. —
The heirs, executors, administrators, wife and creditors of the person losing, may have the same remedy against the winner as provided in section 434.030.
­­--------
(RSMo 1939 § 3393, A.L. 1953 p. 321)
Prior revisions: 1929 § 3006; 1919 § 5743; 1909 § 6624
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.050 - Stakeholder liable.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1939
434.050. Stakeholder liable. —
Every stakeholder who shall knowingly receive any money or property, staked upon any betting declared gaming by the foregoing provisions, shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet; and the delivery of the money or property to the winner shall be no defense to any action brought by the losing party for the recovery thereof; provided, that no stakeholder shall be liable afterward unless a demand has been made of such stakeholder for the money or property in his possession, previous to the expiration of the time agreed upon by the parties for the determination of the bet or wager.
­­--------
(RSMo 1939 § 3399)
Prior revisions: 1929 § 3012; 1919 § 5749; 1909 § 6630
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.060 - Parents may recover minor's gaming losses.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1983
434.060. Parents may recover minor's gaming losses. —
If any minor shall lose any money or property at any game, gambling device, or by any bet or wager whatever, the parent or conservator of such minor may sue for and recover from the winner such money or property, or the value thereof, so lost by such minor.
­­--------
(RSMo 1939 § 3396, A.L. 1953 p. 321, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 3009; 1919 § 5746; 1909 § 6627
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.080 - Interrogatories.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1953
434.080. Interrogatories. —
In all suits under this chapter, the plaintiff may call upon the defendant to answer, on oath, any interrogatory touching the case in the manner and form prescribed by the rules of civil procedure, and if the defendant shall refuse to answer, the same shall be taken as confessed; but such answer shall not be admitted as evidence against such person in any criminal proceedings by indictment or by information.
­­--------
(RSMo 1939 § 3397, A.L. 1953 p. 321)
Prior revisions: 1929 § 3010; 1919 § 5747; 1909 § 6628
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.090 - Action to be commenced in three months.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1939
434.090. Action to be commenced in three months. —
Any action for money or property brought under this chapter shall be commenced within three months from the time the right of action accrued, and not afterward.
­­--------
(RSMo 1939 § 3400)
Prior revisions: 1929 § 3013; 1919 § 5750; 1909 § 6631
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.100 - Construction contracts holding harmless a person's negligence or wrongdoing are void and contra to public policy, exceptions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 1999
434.100. Construction contracts holding harmless a person's negligence or wrongdoing are void and contra to public policy, exceptions. —
1. Except as provided in subsection 2 of this section, in any contract or agreement for public or private construction work, a party's covenant, promise or agreement to indemnify or hold harmless another person from that person's own negligence or wrongdoing is void as against public policy and wholly unenforceable.
2. The provisions of subsection 1 of this section shall not apply to:
(1) A party's covenant, promise or agreement to indemnify or hold harmless another person from the party's own negligence or wrongdoing or the negligence or wrongdoing of the party's subcontractors and suppliers of any tier;
(2) A party's promise to cause another person or entity to be covered as an insured or additional insured in an insurance contract;
(3) A contract or agreement between state agencies or political subdivisions or between such governmental agencies;
(4) A contract or agreement between a private person and such governmental entities for the use or operation of public property or a public facility;
(5) A contract or agreement with the owner of the public property for the construction, use, maintenance or operation of a private facility when it is located on such public property;
(6) A permit, authorization or contract with such governmental entities for the movement of property on the public highways, roads or streets of this state or any political subdivision;
(7) Construction bonds, or insurance contracts or agreements;
(8) An agreement containing a party's promise to indemnify, defend or hold harmless another person, if the agreement also requires the party to obtain specified limits of insurance to insure the indemnity obligation and the party had the opportunity to recover the cost of the required insurance in its contract price; provided, however, that in such case the party's liability under the indemnity obligation shall be limited to the coverage and limits of the required insurance; or
(9) Railroads regulated by the Federal Railroad Administration.
3. For the purposes of this section,
"construction work"
shall include, but not be limited to, the construction, alteration, maintenance or repair of any building, structure, highway, bridge, viaduct, or pipeline, or demolition, moving or excavation connected therewith, and shall include the furnishing of surveying, design, engineering, planning or management services, or labor, materials or equipment, in connection with such work.
4. The provisions of this section shall apply only to contracts or agreements entered into after August 28, 1999.
­­--------
(L. 1999 H.B. 256)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.300 - Definitions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
• Effective - 28 Aug 2014
434.300. Definitions. —
For purposes of sections 434.300 to 434.303, the following terms shall mean:
(1)
"Benefit recipient"
, the person who is the plan participant or authorized beneficiary under the plan entitled to receive a plan benefit;
(2)
"Pension assignee"
, an individual or entity that has been assigned a plan benefit or portions of a plan benefit by the benefit recipient or that otherwise claims an interest in, or control over, a plan benefit or account to which a plan benefit has been deposited. The term "pension assignee" shall not include an individual who is a designated payee under a division of benefits order;
(3)
"Plan"
, any retirement system established by the state of Missouri, any political subdivision, or instrumentality of the state for the purpose of providing plan benefits for elected or appointed public officials or employees of the state of Missouri, any political subdivision, or instrumentality of the state;
(4)
"Plan benefit"
, the benefit amount payable from a plan, and includes any annuity, supplemental payment, or death benefit under the plan together with any supplemental payments from public funds to the benefit recipient.
­­--------
(L. 2014 H.B. 1217)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.301 - Transfer or assignment of rights prohibited — moneys and rights not subject to legal process — pension assignee prohibited from evading prohibitions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
• Effective - 28 Aug 2014
434.301. Transfer or assignment of rights prohibited — moneys and rights not subject to legal process — pension assignee prohibited from evading prohibitions. —
1. The right of any person to a plan benefit shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under a plan shall be subject to execution, levy, attachment, garnishment, or other legal process. This section shall not prohibit the division or assignability of a plan benefit that is expressly authorized by law that establishes the plan or that is specifically applicable to the plan, including division of benefits orders and any legal process in furtherance of the collection of either a judgment or administrative order for child support or spousal support.
2. A pension assignee shall not use any device, scheme, transfer, or other artifice to evade the applicability and prohibition of this section, including the deposit of such plan benefits into a joint account with a pension assignee or the authorization to a pension assignee under a power of attorney or other instrument or document to access an account or otherwise obtain funds from an account to which plan benefits have been deposited.
­­--------
(L. 2014 H.B. 1217)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.302 - Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
• Effective - 28 Aug 2014
434.302. Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation. —
1. Any contract or agreement made in violation of section 434.301 is void. All sums paid to or collected by a pension assignee in violation of section 434.301 shall be returned by the pension assignee to the benefit recipient or his or her heirs or beneficiaries as restitution.
2. Any benefit recipient, his or her guardian or conservator, or heir or beneficiary may bring an action to enforce the restitution authorized under this section.
3. Notwithstanding any other provision of law to the contrary, any actions brought under this section must be commenced within five years after any individual or entity engages in any act or practice in violation of 434.301.
­­--------
(L. 2014 H.B. 1217)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.303 - Attorney general may bring action, when — recovery procedures.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
• Effective - 28 Aug 2014
434.303. Attorney general may bring action, when — recovery procedures. —
1. Whenever it appears that any individual or entity is engaged or is about to engage in any act or practice which is in violation of section 434.301, the attorney general may bring an action in the circuit court having venue to enjoin such act or practice, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond.
2. The attorney general may seek the recovery authorized under section 434.302 on behalf of the benefit recipient or his or her heirs or beneficiaries and the state, and may exercise the investigative and enforcement powers authorized under chapter 407 to the attorney general and the attorney general may have such recovery of costs as authorized under chapter 407.
­­--------
(L. 2014 H.B. 1217)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 434 - Contracts Against Public Policy › Section 434.304 - Actions under chapter 409 not prohibited.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 434
Effective - 28 Aug 2014
434.304. Actions under chapter 409 not prohibited. —
Nothing in sections 434.301 to 434.303 shall prohibit any action permitted under chapter 409.
­­--------
(L. 2014 H.B. 1217)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.012 - Notice, contents of, effect of insufficient notice.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
Effective - 28 Aug 1986
435.012. Notice, contents of, effect of insufficient notice. —
1. In order to insure that all parties to an arbitration proceeding are aware of their rights under the provisions of sections 435.350 to 435.470, the notification served upon the parties by the arbitrator pursuant to subdivision (1) of section 435.370 shall contain a clear and concise statement of the issue subject to arbitration, if such has been agreed upon, and a statement advising the parties of their rights under sections 435.350 to 435.470 including, but not limited to:
(1) The right to be represented by an attorney;
(2) The right to seek subpoenas for the attendance of witnesses and subpoenas duces tecum;
(3) The right to be heard, to present evidence and cross-examine witnesses;
(4) The right to adjournment for good cause.
2. The notification shall include a brief statement detailing the name, experience and educational background of each neutral arbitrator.
3. Failure of the arbitrator, agent or sponsoring organization to provide notification as required by subsections 1 and 2 of this section shall be grounds for continuing the arbitration hearing for a period of at least ten days.
­­--------
(L. 1986 H.B. 887 § 1)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.014 - Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
Effective - 28 Aug 1986
435.014. Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential. —
1. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation or mediation, then no person who serves as arbitrator, conciliator or mediator, nor any agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the arbitration, conciliation or mediation.
2. Arbitration, conciliation and mediation proceedings shall be regarded as settlement negotiations. Any communication relating to the subject matter of such disputes made during the resolution process by any participant, mediator, conciliator, arbitrator or any other person present at the dispute resolution shall be a confidential communication. No admission, representation, statement or other confidential communication made in setting up or conducting such proceedings not otherwise discoverable or obtainable shall be admissible as evidence or subject to discovery.
­­--------
(L. 1986 H.B. 887 § 2)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.350 - Validity of arbitration agreement, exceptions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1996
435.350. Validity of arbitration agreement, exceptions. —
A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.
­­--------
(L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)
(2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D.Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).
(2011) Attempted preemption by the Federal Arbitration Act of section's exclusion of arbitration provisions from insurance contracts is barred by the McCarran-Ferguson Act. Sturgeon v. Allied Professionals Insurance Co., 344 S.W.3d 205 (Mo.App. E.D.).
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.355 - Proceedings to compel or stay arbitration.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.355. Proceedings to compel or stay arbitration. —
1. On application of a party showing an agreement described in section 435.350, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
2. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
3. If an issue referable to arbitration under the alleged agreement is involved in action or proceeding pending in a court having jurisdiction to hear applications under subsection 1 of this section, the application shall be made therein. Otherwise and subject to section 435.435, the application may be made in any court of competent jurisdiction.
4. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
5. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
­­--------
(L. 1980 H.B. 1203 § 2)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.360 - Appointment of arbitrators by court.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.360. Appointment of arbitrators by court. —
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
­­--------
(L. 1980 H.B. 1203 § 3)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.365 - Majority action by arbitrators.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.365. Majority action by arbitrators. —
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by sections 435.350 to 435.470.
­­--------
(L. 1980 H.B. 1203 § 4)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.370 - Hearing.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.370. Hearing. —
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
­­--------
(L. 1980 H.B. 1203 § 5)
CROSS REFERENCE:
Contents of notification, 435.012
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.375 - Representation by attorney.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.375. Representation by attorney. —
A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470. A waiver thereof prior to the proceeding or hearing is ineffective.
­­--------
(L. 1980 H.B. 1203 § 6)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.380 - Witnesses, subpoenas, depositions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.380. Witnesses, subpoenas, depositions. —
1. The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
2. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
3. All provisions of law compelling a person under subpoena to testify are applicable.
4. Fees for attendance as a witness shall be the same as for a witness in the circuit court.
­­--------
(L. 1980 H.B. 1203 § 7)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.385 - Award.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.385. Award. —
1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
2. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
­­--------
(L. 1980 H.B. 1203 § 8)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.390 - Change of award by arbitrators.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.390. Change of award by arbitrators. —
On application of a party or, if an application to the court is pending under section 435.400, 435.405 or 435.410, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions (1) and (3) of subsection 1 of section 435.410, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of sections 435.400, 435.405 and 435.410.
­­--------
(L. 1980 H.B. 1203 § 9)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.395 - Fees and expenses of arbitration.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.395. Fees and expenses of arbitration. —
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
­­--------
(L. 1980 H.B. 1203 § 10)