reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.520 - Personal judgment authorized — default judgment, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1967
506.520. Personal judgment authorized — default judgment, when. —
1. When jurisdiction over a person, firm, or corporation who is outside this state is acquired in accordance with the provisions of sections 506.500 and 506.510, the court shall have the power to render a personal judgment against such person, firm, or corporation.
2. No default judgment shall be entered until the expiration of at least thirty days after service of process. A default judgment rendered on service of process provided by sections 506.500 to 506.520 may be set aside only on a showing which would be timely and sufficient to set aside a default judgment rendered on ordinary service of process within this state.
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(L. 1967 p. 660 § 3)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.010 - Prosecution in name of real party in interest.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
Effective - 28 Aug 1983
507.010. Prosecution in name of real party in interest. —
Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name in such representative capacity without joining with him the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state of Missouri.
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(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730
CROSS REFERENCES:
Assignee of bond, note or account may sue assignor, when, 431.170
Collectors of United States revenue may sue, 14.060
Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, 443.350
Suits on county contracts, how brought, 431.080
Taxpayer may sue to enjoin registration of bonds of political subdivisions, 108.240
Wrongful death, damages, by whom recoverable, 537.080
(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured. State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.
(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.020 - Action on claim under foreign law.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
Effective - 28 Aug 1943
507.020. Action on claim under foreign law. —
1. Whenever a claim exists under the law of another state, action thereon may be brought in this state by
(1) The person or persons entitled to the proceeds of such claim if he or they are authorized to bring such action by the laws of said other state;
(2) The executor, administrator, guardian, guardian ad litem or other person empowered by the laws of said other state to sue in a representative capacity if the person or persons entitled to the proceeds of such claim are not authorized to sue in such cases under the law of said other state.
2. In the cases mentioned in subdivision (2), the proceeds of the action, resulting either from judgment or settlement, shall be paid to the person bringing such suit and such person is authorized to satisfy the judgment and execute release. Such person to whom the proceeds are paid shall have authority to distribute and pay same to the person or persons entitled thereto, according to their respective interests therein, under the laws of said other state.
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(RSMo 1939 §§ 856, 857, 858, A.L. 1943 p. 353 § 14)
Prior revisions: 1929 §§ 705, 706, 707; 1919 §§ 1162, 1163, 1164; 1909 §§ 1736, 1737, 1738
(1978) As a matter of comity, Missouri has by this statute expanded the availability of its courts to those persons who lack capacity in other states. Huff v. LaSieur (A.), 571 S.W.2d 654.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.030 - Persons having a joint interest shall be made plaintiffs — defendants, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1943
507.030. Persons having a joint interest shall be made plaintiffs — defendants, when. —
1. Subject to the provisions of section 507.070, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. When a person who should join as a plaintiff refuses to do so, or his consent cannot be obtained, he may be made a defendant.
2. When a complete determination of the controversy cannot be had without the presence of other parties, the court may order them to be brought in by an amendment of the petition, or by a supplemental petition and a new summons.
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(RSMo 1939 §§ 853, 972, A.L. 1943 p. 353 § 15)
Prior revisions: 1929 §§ 702, 820; 1919 §§ 1159, 1275; 1909 §§ 1733, 1849
CROSS REFERENCES:
Copartners assuming joint obligation to be sued, how, 431.140
Court to order parties brought in as defendants, when, 509.470
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.040 - Permissive joinder of parties — separate trials.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 2019, 2 histories
507.040. Permissive joinder of parties — separate trials. —
1. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. Notwithstanding any other provision of law to the contrary, claims arising out of separate purchases of the same product or service, or separate incidents involving the same product or services shall not satisfy this section. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
2. The general assembly hereby expressly adopts the holding of State ex rel. Johnson & Johnson v. Burlison, No. SC96704, as issued on February 13, 2019, as it relates to joinder and venue.
3. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.
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(L. 1943 p. 353 § 16, A.L. 2019 S.B. 7)
(2019) Permissive joinder of separate claims cannot and does not "extend venue to a county when, absent joinder, venue in that county would not otherwise be proper for each claim". State ex rel. Johnson & Johnson v. Burlison, 567 S.W.3d 168 (Mo.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.050 - Misjoinder of parties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 2019, 2 histories
507.050. Misjoinder of parties. —
1. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped, added, or severed by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
2. A motion to drop or add parties may be made at the same time as other motions provided for in section 509.290, and if so made, the provisions of section 509.340 with reference to the consolidation of motions and waiver of objections shall also apply. If said motion is made at any other time, the hearing and determination thereof shall not delay the trial. Objections on account of misjoinder or nonjoinder of parties may also be raised by answer or reply.
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(L. 1943 p. 353 § 17, A. 1949 H.B. 2117, A.L. 2019 S.B. 7)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.070 - Class actions — representatives — secondary actions by stockholders — dismissal or compromise.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1943
507.070. Class actions — representatives — secondary actions by stockholders — dismissal or compromise. —
1. If persons constituting a class are very numerous or it is impracticable to bring them all before the court, such of them, one or more, as will fairly insure adequate representation of all may, on behalf of all, sue or be sued, when the character of the right sought to be enforced for or against the class is
(1) Joint, or common, or secondary in a sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it;
(2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action; or
(3) Several, and there is a common question of law or fact affecting the several rights and a common relief is sought. Nothing in this section shall be construed to affect the rights or liabilities of labor unions to sue or be sued.
2. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the petition shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The petition shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.
3. A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in subdivision (1) of subsection 1 notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in subdivisions (2) or (3) of subsection 1 notice shall be given only after the court requires it.
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(L. 1943 p. 353 § 19)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.080 - Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1943
507.080. Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when. —
1. Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-party plaintiff to file a petition and serve a summons upon a person not a party to the action who is or may be liable to him or to the plaintiff for all or part of the plaintiff's claim against him. If the motion is granted and the petition is filed and summons served, the person so served, herein called the third-party defendant, shall make his defenses, counterclaims and cross-claims against the plaintiff, or any other party as provided in this (civil) code. The third-party defendant may assert any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff or to the third-party plaintiff. The plaintiff may amend his pleadings to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he been joined originally as a defendant. A third-party defendant may proceed under this section against any person not a party to the action who is or may be liable to him or to the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.
2. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.
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(L. 1943 p. 353 § 20)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.090 - Intervention — when as of right and when permissive — procedure.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
Effective - 28 Aug 1943
507.090. Intervention — when as of right and when permissive — procedure. —
1. Upon timely application anyone shall be permitted to intervene in an action
(1) When a statute confers an unconditional right to intervene; or
(2) When the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or
(3) When the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof.
2. Upon timely application anyone may be permitted to intervene in an action
(1) When a statute confers a conditional right to intervene; or
(2) When an applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
3. (1) A person desiring to intervene shall serve a motion to intervene upon all parties affected thereby. The motion shall state the grounds therefor, and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of this state gives a right to intervene.
(2) When the validity of a statute, regulation or constitutional provision of this state, or an ordinance or regulation of a governmental subdivision thereof affecting the public interest is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may in its discretion notify the chief legal officer of the state or subdivision thereof affected.
(3) In all cases and proceedings wherein the validity of a statute, regulation or constitutional provision of this state affecting the public interest is drawn in question, and the state or an officer, agency or employee thereof is not a party, the state of Missouri may in the discretion of the court be permitted to intervene, upon proper application.
(4) In all cases and proceedings wherein the validity of an ordinance or regulation of any governmental subdivision of this state affecting the public interest is drawn in question, and the governmental subdivision, or an officer, agency or employee thereof is not a party, the governmental subdivision may in the discretion of the court be permitted to intervene, upon proper application.
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(L. 1943 p. 353 § 21)
(1980) Foster parents who have had child in physical custody for extended period of years did not have requisite interest to intervene as a matter of right in proceeding by natural mother to regain custody of her children. In re Matter of Trapp (Mo.), 595 S.W.2d 193.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.110 - Suits by infants, how prosecuted.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.110. Suits by infants, how prosecuted. —
Suits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second, by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a guardian ad litem.
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(RSMo 1939 § 859, A.L. 1959 H.B. 537, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 708; 1919 § 1165; 1909 § 1739
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.115 - Infant defined for civil suit purposes.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1976
507.115. Infant defined for civil suit purposes. —
As used in sections 507.110 to 507.220, the term
"infant"
means any person who has not attained the age of eighteen years. All persons of the age of eighteen years or older, not otherwise disqualified, may commence, prosecute, or defend any action in his own name as the real party in interest.
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(L. 1976 S.B. 500 § 1)
(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.120 - Appointment of next friend, by whom.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1939
507.120. Appointment of next friend, by whom. —
The appointment of a next friend for an infant shall be made by the court in which the suit is intended to be brought, or by a judge or clerk thereof.
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(RSMo 1939 § 860)
Prior revisions: 1929 § 709; 1919 § 1166; 1909 § 1740
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.130 - How appointed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1939
507.130. How appointed. —
Such appointment shall be made on the petition in writing of such infant, if of the age of fourteen years, and the written consent of the person proposed to be next friend to such infant acknowledged before, or proved to the court or officer making the appointment.
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(RSMo 1939 § 861)
Prior revisions: 1929 § 710; 1919 § 1167; 1909 § 1741
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.140 - Appointment when minor is under fourteen years old.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1939
507.140. Appointment when minor is under fourteen years old. —
If such infant be under the age of fourteen years, the appointment of a next friend may be made upon like petition of a relative or friend of the infant, in which case a notice thereof must first be given to the person with whom such infant resides.
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(RSMo 1939 § 862)
Prior revisions: 1929 § 711; 1919 § 1168; 1909 § 1742
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.150 - Bond of person acting for infant, when — effect of failure to give.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1988
507.150. Bond of person acting for infant, when — effect of failure to give. —
1. Before a next friend or guardian ad litem can receive or receipt for any money or property, personal or real, and before he can acknowledge satisfaction or discharge of any judgment, he must execute a bond to such infant; except, that no bond shall be required if the total value of the property or money, exclusive of expenses and fees approved by the court, is not in excess of ten thousand dollars and all of the money or property is to be turned over to the infant or his parent. The bond must be approved by the court or the clerk thereof and shall be conditioned that the next friend or guardian ad litem shall account to the infant for all money or property which has or does come into his hands, less only those expenses and attorney fees the payment of which has been approved by order of the court. The bond shall be in an amount equal to the value of the money or property if the surety is a corporate bonding, surety or insurance company, and in an amount double the value of the money or property if the surety is not a corporate bonding, surety or insurance company, in which event there shall be two sureties. In either event, the surety or sureties shall be approved by the court or clerk thereof before the bond can be approved.
2. Failure to execute such approved bond with approved surety or sureties when required under the provisions of subsection 1 of this section shall, upon receipt by a next friend or guardian ad litem of any money or property for or on behalf of such minor, immediately render such next friend or guardian ad litem personally liable to the minor for a penal sum in an amount double the value of the money or property and also shall render absolutely void and of no effect any release, receipt or acknowledgment of satisfaction or discharge of any judgment which has or is in the future made or executed by the next friend or guardian ad litem.
3. The next friend's duties or guardian ad litem's duties and his obligations under the bond shall continue until he is discharged therefrom by order of the court.
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(RSMo 1939 § 863, A.L. 1959 H.B. 537, A.L. 1961 p. 222, A.L. 1977 S.B. 142 & 433, A.L. 1988 S.B. 506)
Prior revisions: 1929 § 712; 1919 § 1169; 1909 § 1743
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.160 - Bond filed, where.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1939
507.160. Bond filed, where. —
Such bond shall be delivered to such officer before the appointment shall be made, and shall be filed in the office of the clerk of the court in which the suit is to be brought.
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(RSMo 1939 § 864)
Prior revisions: 1929 § 713; 1919 § 1170; 1909 § 1744
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.170 - Petition and appointment filed before further proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1939
507.170. Petition and appointment filed before further proceedings. —
The petition for the appointment of a next friend, the written consent of the person proposed to be next friend, and the order of appointment, shall be filed in the office of the clerk of the court where the suit is proposed to be brought, before any proceedings shall be had in the cause.
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(RSMo 1939 § 865)
Prior revisions: 1929 § 714; 1919 § 1171; 1909 § 1745
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.180 - Guardian, conservator and next friend liable for costs.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.180. Guardian, conservator and next friend liable for costs. —
The guardian, conservator, or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law.
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(RSMo 1939 § 866, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 715; 1919 § 1172; 1909 § 1746
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.182 - Next friend, conservator, or guardian may employ attorney and incur expenses.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.182. Next friend, conservator, or guardian may employ attorney and incur expenses. —
The next friend, guardian ad litem or guardian or conservator shall have authority without an order of court to contract for and employ an attorney upon a reasonable fee, including one contingent upon the outcome of such action or claim, and to incur reasonable expenses in the preparation and prosecution of such action or claim, but any such fee and expenses shall be subject to the approval of the court, but if approved by the court shall be payable out of any money or property recovered or obtained in the prosecution or settlement of such action, claim or any judgment thereon.
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(L. 1959 H.B. 537 § 507.181, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.184 - Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 2021, 2 histories
507.184. Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted. —
1. The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to waive a jury and submit all issues in such action or proposed settlement to the court for determination.
2. The next friend, guardian ad litem or guardian or conservator shall have the power and authority to contract on behalf of the minor for a settlement of the minor's claim, action or judgment, provided that such contract and settlement shall not be effective until approved by the court. The next friend, guardian ad litem and guardian or conservator shall also have the power and authority to execute and sign a release or satisfaction and discharge of a judgment which shall be binding upon the minor, provided the court orders the execution of such release or satisfaction and discharge of judgment.
3. The court shall have the power and authority to hear evidence on and either approve or disapprove a proposed contract to settle an action or claim of a minor, to authorize and order the next friend, guardian ad litem or guardian or conservator to execute and sign a release or satisfaction and discharge of judgment, and shall also have the power and authority to approve a fee contract between the next friend, guardian ad litem or guardian or conservator and an attorney and to order him to pay an attorney fee and to pay the expenses which have been reasonably incurred in connection with the preparation and prosecution of the action or claim and including the cost of any bonds required herein.
4. Notwithstanding the provisions of this section to the contrary, nothing in this section shall be construed as prohibiting the settlement of claims pursuant to section 436.700 or as requiring court approval of settlements pursuant to section 436.700.
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(L. 1959 H.B. 537 §§ 507.182, 507.183, A.L. 1983 S.B. 44 & 45, A.L. 2021 H.B. 604)
(1973) Judicial settlement of claim against tort-feasors does not release contractual liability of insuror to pay medical expenses to minor not a party to insurance contract. Aetna Casualty and Surety Co. v. Bailey (A.), 497 S.W.2d 816.
(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.
(1981) Judgment entered under provisions of statute for the purpose of effecting a settlement of a minor's cause of action does not bar subsequent suit against persons who were not parties to the action. Arthur v. Evangelical Deaconess Society, etc. (A.), 615 S.W.2d 438.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.186 - Substitution of conservator for next friend or guardian ad litem — effect of contracts.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.186. Substitution of conservator for next friend or guardian ad litem — effect of contracts. —
1. At any time during the preparation or prosecution of such action or claim, before or after judgment or appeal, the minor's duly appointed conservator may be substituted for the next friend or guardian ad litem. The substitution may be made by the court or the clerk thereof upon an ex parte showing of the appointment and qualification of the conservator. In the event of such substitution, the court shall, upon payment or transfer of all of the minor's money or property in his hands to the conservator and filing a receipt for the same with a certified copy of the conservator's letters attached to it, and acceptance of the receipt by the court or clerk thereof as authentic, discharge the next friend or guardian ad litem from all of his obligations and duties as such.
2. In the event the minor's conservator has been substituted for the next friend or guardian ad litem and the attorney fees and expenses have not, at the time of the substitution, been paid, the conservator shall be bound by the attorney fee contract and shall be obligated to pay the attorney fees and expenses to the same extent as the next friend or guardian ad litem would have been obligated to pay them had he not been discharged, provided the attorney fees and expenses are approved by the court.
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(L. 1959 H.B. 537 § 507.185, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.188 - Disposition of proceeds of claim — discharge of next friend or guardian ad litem.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1985
507.188. Disposition of proceeds of claim — discharge of next friend or guardian ad litem. —
1. If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount equal to or less than ten thousand dollars, then the court may, if in its discretion it finds it to be to the best interests of the minor to do so, order the next friend or guardian ad litem to pay, deposit, or deliver all or any part of such money or property in accordance with one of the alternatives prescribed by subsection 1 of section 475.330. The provisions of chapters 473 and 475 shall apply to any such payment, deposit, or delivery. In the event of such order and payment, deposit, or delivery, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from the person to whom the payment, deposit, or delivery was made evidencing such payment, deposit, or delivery. After such receipt has been filed and accepted by the court or clerk thereof as authentic, then the court or clerk thereof may order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond. In the event such payment or delivery is to the minor, then the minor's signature upon the receipt shall be unavoidable, irrevocable and forever binding upon the minor.
2. If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount in excess of ten thousand dollars, then the court shall order the next friend or guardian ad litem to pay or transfer such money or property to a duly appointed and qualified conservator of the minor. Upon such payment or transfer, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from such conservator to whom such payment or transfer was made, evidencing such payment, with a certified copy of such conservator's letters attached to such receipt. After such receipt has been filed and accepted by the court as authentic, then the court shall order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond.
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(L. 1959 H.B. 537 § 507.187, A.L. 1977 S.B. 142 & 433, A.L. 1983 S.B. 44 & 45, A.L. 1984 S.B. 424, A.L. 1985 S.B. 35, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.190 - Suits against infants not to proceed without guardian ad litem.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.190. Suits against infants not to proceed without guardian ad litem. —
After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian ad litem for such infant be appointed.
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(RSMo 1939 § 867, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 716; 1919 § 1173; 1909 § 1747
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.200 - Appointment of guardian ad litem.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.200. Appointment of guardian ad litem. —
The appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if of the age of fourteen years or more, or, if such infant be under said age, on the written request of a relative or friend of the infant, and on the written consent of any competent person proposed as guardian ad litem, and such request and consent shall be filed in the office of the clerk of the court before any answer by such infant shall be filed.
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(RSMo 1939 § 868, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 717; 1919 § 1174; 1909 § 1748
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.210 - Appointment of guardian ad litem, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.210. Appointment of guardian ad litem, when. —
If such infant defendant neglects, for one day after the expiration of the time within which the infant defendant is summoned to appear to the suit, to procure the appointment of a guardian ad litem to defend the suit, the court shall appoint some competent person to be guardian ad litem for such infant in the defense of such suit.
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(RSMo 1939 § 869, A.L. 1949 H.B. 2117, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 718; 1919 § 1175; 1909 § 1749
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.220 - Guardian ad litem, liable only for costs in case of misconduct.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
• Effective - 28 Aug 1983
507.220. Guardian ad litem, liable only for costs in case of misconduct. —
No person appointed guardian ad litem for an infant, for the purpose of defending a suit against such infant, shall be liable for the costs of such suit, unless specially charged by the order of the court for some personal misconduct in such cause.
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(RSMo 1939 § 870, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 719; 1919 § 1176; 1909 § 1750
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 507 - Parties › Section 507.230 - Who made defendants in suit against city.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 507
Effective - 28 Aug 1939
507.230. Who made defendants in suit against city. —
1. Whenever a city of over one hundred and fifty thousand inhabitants shall be sued in any court in this state and the cause of action on account of which said city is sued shall arise from the wrongful or unauthorized acts or carelessness and negligence of any person or corporation subject to service in this state, and such wrongful or unauthorized acts or carelessness and negligence shall also make such person or corporation liable to an action by the plaintiff on the same account as such city is sued for, such city may, within fifteen days after the first day of the next term of court after the service of the writ of summons, file a motion, in writing, in said case, notifying the plaintiff therein to make such person or corporation a party defendant in said suit in accordance with the facts constituting the liability of such person or corporation, which facts said city shall set forth in said notice, and shall verify the same by affidavit.
2. The plaintiff in said suit shall then proceed to join such person or corporation as a party defendant in said suit, in accordance with the facts set forth in said notice, and such suit shall not be prosecuted against said city until such person or corporation is made a codefendant with such city; provided, however, that in case the facts set forth in said notice do not make such person or corporation named therein liable to an action on the same account as such city is sued for in such case, said plaintiff may file a motion to strike out said notice, and if said motion shall be sustained by the court, then the plaintiff in such case may proceed against defendant city alone, as if said notice had not been filed; and provided further, that if the plaintiff shall make such person or corporation as may be named in said notice a party defendant in said suit and shall have caused summons to be issued for such person or corporation, and such person or corporation cannot be served with process by the officer to whom such writ is directed, then the plaintiff in such case may proceed against the city alone.
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(RSMo 1939 § 7687)
Prior revisions: 1929 § 7539; 1919 § 8949; 1909 § 9801
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.011 - Change of venue, state statute prevails if in conflict with supreme court rules.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 2005
508.011. Change of venue, state statute prevails if in conflict with supreme court rules. —
To the extent that rule 51.03 of the Missouri rules of civil procedure contradicts any provision of this chapter, the provisions of this chapter shall prevail regarding any tort claim.
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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 508 - Venue and Change of Venue › Section 508.012 - Transfer of case based on addition, removal or severance of a plaintiff or defendant prior to commencement of trial.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
• Effective - 28 Aug 2019, 2 histories
508.012. Transfer of case based on addition, removal or severance of a plaintiff or defendant prior to commencement of trial. —
At any time prior to the commencement of a trial, if a plaintiff or defendant, including a third-party plaintiff or defendant, is either added to, removed, or severed from a petition filed in any court in the state of Missouri which would have, if originally added to, removed, or severed from the initial petition, altered the determination of venue under section 508.010, then the judge shall upon application of any party transfer the case to a proper forum.
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(L. 2005 H.B. 393 § 3, A.L. 2019 S.B. 7)
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 508 - Venue and Change of Venue › Section 508.013 - Venue for actions filed after or pending as of February 13, 2019.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 2019
508.013. Venue for actions filed after or pending as of February 13, 2019. —
1. The provisions of sections 507.040, 507.050, 508.010, 508.012, and 537.762 shall apply to any action filed after February 13, 2019. A plaintiff who is a resident of Missouri and who has a case that:
(1) Is pending in a court in this state as of February 13, 2019;
(2) Has proper jurisdiction in this state; and
(3) Has or had been set at any time prior to February 13, 2019, for a trial date beginning on or before August 28, 2019,
­­may continue to trial in the venue as filed.
2. For actions pending as of February 13, 2019, a plaintiff whose claim has been found to have no county in Missouri in which venue exists may proceed in such venue in Missouri where such claim was dismissed without prejudice only when the court finds that the claim:
(1) Was filed in the Missouri court within the statute of limitations applicable to the claim;
(2) Has no proper venue in the state of Missouri; and
(3) Cannot be maintained, as of August 28, 2019, in any state where the claim may be brought because of applicable statutes of limitations and lack of a savings statute or similar law.
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(L. 2019 S.B. 7 §§1, 2)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.020 - Suits by attachment or replevin, where commenced.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.020. Suits by attachment or replevin, where commenced. —
Suits commenced by attachment against the property of a person, or in replevin or claim and delivery of personal property, where the specific property is sought to be recovered, shall be brought in the county in which such property may be found; and in all cases where the defendant in actions in replevin or claim and delivery of personal property is a nonresident of the county in which the suit is brought, service shall be made on him as under like circumstances in suits by attachment.
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(RSMo 1939 § 872)
Prior revisions: 1929 § 721; 1919 § 1178; 1909 § 1752
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.030 - Actions for real estate, where commenced.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.030. Actions for real estate, where commenced. —
Suits for the possession of real estate, or whereby the title thereto may be affected, or for the enforcement of the lien of any special tax bill thereon, shall be brought in the county where such real estate, or some part thereof, is situated.
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(RSMo 1939 § 873)
Prior revisions: 1929 § 722; 1919 § 1179; 1909 § 1753
(1975) In either, a suit for specific performance or a suit on a contract incidentally requiring a delivery of a deed, concerning land in Camden County, venue is in Camden County and Jackson County circuit court was without jurisdiction. State ex rel. Uskali v. Snodgrass (A.), 524 S.W.2d 888.
(1977) Venue for actions which affect title to real estate cannot be waived. Gorman v. State Highway Commission (A.), 552 S.W.2d 335.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.050 - Suits against municipal corporations, where commenced.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 2012
508.050. Suits against municipal corporations, where commenced. —
Suits against municipal corporations as defendant or codefendant shall be commenced only in the county in which the municipal corporation is situated, or if the municipal corporation is situated in more than one county, then suits against the municipal corporation shall be commenced only in that county wherein the seat of government of the municipal corporation is situated; except that:
(1) Suits may be brought against a city containing more than four hundred thousand inhabitants in any county in which any part of the city is situated; and
(2) Suits in inverse condemnation or involving dangerous conditions of public property against a municipal corporation established under Article VI, Section 30(a) of the Missouri Constitution shall be brought only in the county where such land or any part thereof lies.
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(RSMo 1939 § 875, A.L. 1955 p. 312, A.L. 2012 S.B. 628 merged with S.B. 636)
(1982) University of Missouri is not a "municipal corporation" within the meaning of statute requiring that suits against a municipal corporation be brought only in the county in which it is located. State ex rel. Milham v. Rickhoff (Mo.), 633 S.W.2d 733.
(1985) Provisions for judicial review of contested cases under the Administrative Procedure and Review Act are specific and controlling as against the general venue statute for suits against municipal corporations. State ex rel. City of Springfield v. Crouch (Mo.App.), 687 S.W.2d 639.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.060 - Actions against counties, where instituted.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.060. Actions against counties, where instituted. —
All actions whatsoever against any county shall be commenced in the circuit court of such county, and prosecuted to final judgment and execution therein, unless removed by change of venue to some other county, in which case the action or actions so removed shall be prosecuted to final judgment and execution in the circuit court of such other county.
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(RSMo 1939 § 13767)
Prior revisions: 1929 § 12108; 1919 § 9506; 1909 § 3727
(1971) Appeal to circuit court of St. Louis City from order of air pollution appeal board of St. Louis County was not an action against St. Louis County and jurisdiction was not controlled by this section. State ex rel. Union Election Co. v. Scott (A.), 470 S.W.2d 1.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.072 - Suits against issuers of bad checks to the department of revenue, where commenced, when commenced — notice of election of venue to be given, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1986
508.072. Suits against issuers of bad checks to the department of revenue, where commenced, when commenced — notice of election of venue to be given, when. —
1. Civil and criminal suits against issuers of checks payable to the Missouri department of revenue which are returned because of insufficient funds or no account shall be commenced in either the county where the defendant resides or in the county wherein the seat of state government is found provided any such issuer shall be given thirty days to make any such check good before any action is commenced in a county other than that of the residence of the issuer.
2. Notice of this election of venue statute shall be given to all persons who write a check payable to the Missouri department of revenue which is returned for insufficient funds or no account prior to commencement of legal proceedings on the check.
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(L. 1986 S.B. 669, et al § 2)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.080 - Removal of suits by consent.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.080. Removal of suits by consent. —
If at any time after the commencement of a suit the parties shall agree in writing, duly filed, upon any other county or court of competent jurisdiction, to which they desire the same to be removed, it shall, by order of the court, be removed accordingly to such county or court of competent jurisdiction; and the same proceedings shall be had in all respects for the removal of such cause as are provided by law in changes of venue in civil cases.
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(RSMo 1939 § 1057)
Prior revisions: 1929 § 906; 1919 § 1356; 1909 § 1926