reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.200 - If defendant be out of state before or departs after cause of action commences, when action may be commenced.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 2009
516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. —
If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action may be commenced within the times herein respectively limited, after the return of such person into the state.
­­--------
(RSMo 1939 § 1023, A.L. 2009 H.B. 481)
Prior revisions: 1929 § 871; 1919 § 1326; 1909 § 1897
(2001) Section denying statute of limitations defense to defendants who have moved from the state burdens interstate commerce and is unconstitutional; statute cannot be justified due to applicability of long-arm jurisdiction over such defendants. Rademeyer v. Farris, 145 F.Supp.2d 1096 (E.D.Mo.), aff'd, 284 F.3d 833 (8th Cir. 2002).
(2008) Tolling statute of limitations for persons who become non-residents of Missouri during limitation period violates Commerce Clause. State ex rel. Bloomquist v. Schneider, 244 S.W.3d 139 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.210 - Time not to be computed during a war.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.210. Time not to be computed during a war. —
Whenever any person shall be disabled to prosecute in the courts of this state by reason of his being an alien, subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the respective periods limited in sections 516.010 to 516.200 for the making of an entry or the commencement of any action.
­­--------
(RSMo 1939 § 1024)
Prior revisions: 1929 § 872; 1919 § 1327; 1909 § 1898
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.220 - Not to apply to what.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.220. Not to apply to what. —
Section 516.210 shall not apply to actions for any penalty or forfeiture given by any statute of this state.
­­--------
(RSMo 1939 § 1025)
Prior revisions: 1929 § 873; 1919 § 1328; 1909 § 1899
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.230 - Further savings in cases of nonsuits.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.230. Further savings in cases of nonsuits. —
If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action from time to time, within one year after such nonsuit suffered or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff, or, if no executor or administrator be qualified, then within one year after letters testamentary or of administration shall have been granted to him.
­­--------
(RSMo 1939 § 1026)
Prior revisions: 1929 § 874; 1919 § 1329; 1909 § 1900
(1977) Dismissal without prejudice is a species of nonsuit and action could be commenced within one year from such dismissal. State ex rel. Buchanan County v. Roach (A.), 548 S.W.2d 206.
(1978) So-called "savings statute" concerning right to reinstate suit within one year after original suit is voluntarily nonsuited is not a general procedural statute and its action is limited to causes of action prescribed by statute. Stine v. Kansas City Terminal Railway Company (A.), 564 S.W.2d 619.
(1985) Savings provision was held not to apply where first action was filed outside Missouri. King v. Nashua Corp. (8th Cir.), 763 F.2d 332.
(1985) Reversal and remand for a new trial does not constitute reversal for purposes of invoking the one-year savings provision. Sanders v. Daniel Intern Corp. 616 F.Supp. 127 (D.C. Mo.).
(1986) One-year refiling period provided by this section applies only to actions commenced in Missouri. Mizokami Bros. of Arizona, Inc. v. Mobay Chemical Corp. 798 F.2d 1196 (8th Cir.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.240 - If defendant dies, when and against whom new suit to be brought.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1959
516.240. If defendant dies, when and against whom new suit to be brought. —
If any action is commenced within the time prescribed in sections 516.010 to 516.230, and the defendant in the suit dies before judgment, and if the right of action is such as survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, devisees or assigns of the defendant, as the case requires, within one year after his death; but if an executor or administrator is appointed then the new action may be commenced against the executor or administrator within nine months after the first published notice of letters testamentary or of administration whether more or less than one year after such death.
­­--------
(RSMo 1939 § 1027, A.L. 1957 p. 292, A.L. 1959 H.B. 95)
Prior revisions: 1929 § 875; 1919 § 1330; 1909 § 1901
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.250 - Suit abated by death of plaintiff, when — when and by whom new suit brought.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.250. Suit abated by death of plaintiff, when — when and by whom new suit brought. —
When an action commenced within the time prescribed by law shall abate by reason of the death of the plaintiff, if the right of action survived to his representatives, his executor or administrator may, within one year after such death, commence a new action, if the cause of such action would otherwise survive; and if any action so commenced by an executor or administrator abate by the death of the plaintiff, a new action may be commenced by the administrator of the same estate, at any time within one year after such abatement; or, if no executor or administrator be appointed within that time, then within one year after letters testamentary or of administration shall have been granted to him.
­­--------
(RSMo 1939 § 1028)
Prior revisions: 1929 § 876; 1919 § 1331; 1909 § 1902
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.260 - Suit stayed by injunction, time not computed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.260. Suit stayed by injunction, time not computed. —
Whenever the commencement of any suit shall be stayed by an injunction of any court or officers authorized to grant the same, the time during which such injunction shall be in force shall not be deemed any portion of the time in sections 516.010 to 516.370 limited for the commencement of such suit.
­­--------
(RSMo 1939 § 1029)
Prior revisions: 1929 § 877; 1919 § 1332; 1909 § 1903
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.270 - Disability not to avail, unless.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.270. Disability not to avail, unless. —
No person shall avail himself of any disability herein enumerated, unless such disability existed at the time his right of action or of entry accrued.
­­--------
(RSMo 1939 § 1030)
Prior revisions: 1929 § 878; 1919 § 1333; 1909 § 1904
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.280 - Limitation not to be extended by improper acts of defendant.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.280. Limitation not to be extended by improper acts of defendant. —
If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of such action shall have ceased to be so prevented.
­­--------
(RSMo 1939 § 1031)
Prior revisions: 1929 § 879; 1919 § 1334; 1909 § 1905
(1968) This section is statutory authority for the proposition that fraudulent concealment of a cause of action is an improper act which, if established, will toll the running of limitations under section 516.140, RSMo. Smile v. Lawson (Mo.), 435 S.W.2d 325; Kauchick v. Williams (Mo.), 435 S.W.2d 342.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.290 - Effect of two or more existing disabilities.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.290. Effect of two or more existing disabilities. —
When there are two or more disabilities existing at the time the right of action of entry accrued, the limitation herein prescribed shall not attach until all such disabilities be removed.
­­--------
(RSMo 1939 § 1032)
Prior revisions: 1929 § 880; 1919 § 1335; 1909 § 1906
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.300 - Actions otherwise limited.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.300. Actions otherwise limited. —
The provisions of sections 516.010 to 516.370 shall not extend to any action which is or shall be otherwise limited by any statute; but such action shall be brought within the time limited by such statute.
­­--------
(RSMo 1939 § 1033)
Prior revisions: 1929 § 881; 1919 § 1336; 1909 § 1907
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.310 - Demands against corporations.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.310. Demands against corporations. —
Nor shall any of said provisions apply to suits brought to enforce payment of bills, notes or other evidences of debt issued by moneyed corporations.
­­--------
(RSMo 1939 § 1034)
Prior revisions: 1929 § 882; 1919 § 1337; 1909 § 1908
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.320 - Actions barred, only revived by written promise.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.320. Actions barred, only revived by written promise. —
In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take any case out of the operation of the provisions of sections 516.100 to 516.370, or deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing subscribed by the party chargeable thereby.
­­--------
(RSMo 1939 § 1035)
Prior revisions: 1929 § 883; 1919 § 1338; 1909 § 1909
(2003) Statute of limitations applicable to legal malpractice claim is not subject to Kansas tolling statute during pendency of review of claim by Kansas professional malpractice screening panel. Eichenwald v. Small, 321 F.3d 733 (8th Cir.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.330 - One joint debtor cannot revive a demand against other debtor.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.330. One joint debtor cannot revive a demand against other debtor. —
If there be two or more joint contractors or joint executors or administrators of any contractor, no such joint contractor or executor or administrator shall lose the benefit of the provisions of sections 516.100 to 516.370, so as to be chargeable by reason only of any acknowledgment or promise made or subscribed by any other or others of them.
­­--------
(RSMo 1939 § 1036)
Prior revisions: 1929 § 884; 1919 § 1339; 1909 § 1910
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.340 - Sections 516.320 and 516.330 construed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.340. Sections 516.320 and 516.330 construed. —
Nothing contained in sections 516.320 and 516.330 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person.
­­--------
(RSMo 1939 § 1037)
Prior revisions: 1929 § 885; 1919 § 1340; 1909 § 1911
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.360 - Sections 516.010 to 516.370 to apply to the state as well as to private parties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.360. Sections 516.010 to 516.370 to apply to the state as well as to private parties. —
The limitations prescribed in sections 516.010 to 516.370 shall apply to actions brought in the name of this state, or for its benefit, in the same manner as to actions by private parties.
­­--------
(RSMo 1939 § 1040)
Prior revisions: 1929 § 888; 1919 § 1343; 1909 § 1914
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.370 - Limitation not to apply to setoffs, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.370. Limitation not to apply to setoffs, when. —
When a defendant in action has interposed an answer, as a defense, setoff or counterclaim, upon which he would be entitled to reply in such action, the remedy upon which, at the time of the commencement of such action, was not barred by law, and such complaint is dismissed, or the action is discontinued, the time which intervened between the commencement and the termination of such action shall not be deemed a part of the time limited for the commencement of an action by the defendant, to recover for the cause of action so interposed as a defense, setoff or counterclaim.
­­--------
(RSMo 1939 § 1041)
Prior revisions: 1929 § 889; 1919 § 1344; 1909 § 1915
(1987) With the exception of what might be considered to be purely defensive pleading such as a setoff or recoupment, a counterclaim which seeks affirmative relief by asserting a new cause of action like a medical malpractice, although arising out of the same occurrence and although not barred at the commencement of the plaintiff's action, is barred if the counterclaim is filed at a time when it would have been barred as an original action. Northwest Radiation Oncology v. Goodstal, 735 S.W.2d 762 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.371 - Limitation on action for sexual contact by certain persons.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
Effective - 28 Aug 1989
516.371. Limitation on action for sexual contact by certain persons. —
Notwithstanding any provision of law to the contrary, there shall be a ten-year statute of limitation on any action for damages for personal injury caused to an individual by a person within the third degree of affinity or consanguinity who subjects such individual to sexual contact, as defined in section 566.010.
­­--------
(L. 1989 S.B. 420 § 1)
CROSS REFERENCES:
Childhood sexual abuse damage action, time limitation on bringing action after August 28, 1990, 537.046
Prosecution for sexual offenses involving person seventeen or under to be commenced within ten years of offense, 556.037
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.380 - Actions on penal statutes to be brought in one year.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.380. Actions on penal statutes to be brought in one year. —
All actions and suits, upon any statute, for any penalty or forfeiture given in whole or in part to any person who will prosecute for the same, shall be commenced within one year after the commission of the offense, and not after.
­­--------
(RSMo 1939 § 3786)
Prior revisions: 1929 § 3396; 1919 § 3741; 1909 § 4949
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.390 - When penalty goes to the state, within two years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.390. When penalty goes to the state, within two years. —
If the penalty is given in whole or in part to the state, or to any county or city, or to the treasury thereof, a suit therefor may be commenced, by or in behalf of the state, county or city, at any time within two years after the commission of the offense, and not after.
­­--------
(RSMo 1939 § 3787)
Prior revisions: 1929 § 3397; 1919 § 3742; 1909 § 4950
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.400 - When penalty goes to party aggrieved, three years.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.400. When penalty goes to party aggrieved, three years. —
All actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved, shall be commenced within three years after the commission of the offense, and not after.
­­--------
(RSMo 1939 § 3788)
Prior revisions: 1929 § 3398; 1919 § 3743; 1909 § 4951
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.410 - Sections 516.380 to 516.400 construed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.410. Sections 516.380 to 516.400 construed. —
Sections 516.380 to 516.400 shall not apply to any bill, complaint, information, indictment or action, which is or shall be limited by any statute to be brought, had, commenced or prosecuted within a shorter or longer time than is prescribed in said sections; but such bill, complaint, information, indictment or other suit shall be brought and prosecuted within the time limited by such statute.
­­--------
(RSMo 1939 § 3789)
Prior revisions: 1929 § 3399; 1919 § 3744; 1909 § 4952
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.420 - When not to apply to corporations.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
• Effective - 28 Aug 1939
516.420. When not to apply to corporations. —
None of the provisions of sections 516.380 to 516.420 shall apply to suits against moneyed corporations or against the directors or stockholders thereof, to recover any penalty or forfeiture imposed, or to enforce any liability created by the act of incorporation or any other law; but all such suits shall be brought within six years after the discovery by the aggrieved party of the facts upon which such penalty or forfeiture attached, or by which such liability was created.
­­--------
(RSMo 1939 § 3790)
Prior revisions: 1929 § 3400; 1919 § 3745; 1909 § 4953
(2006) Six-year limitations period applied to mortgage finance company as a "moneyed corporation" under section. Schwartz v. Bann-Cor Mortgage, 197 S.W.3d 168 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 516 - Statutes of Limitation › Section 516.500 - Legislative bills, actions on procedural defect in enactment, time limitations, exceptions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516
Effective - 03 Jun 1994, see footnote
516.500. Legislative bills, actions on procedural defect in enactment, time limitations, exceptions. —
No action alleging a procedural defect in the enactment of a bill into law shall be commenced, had or maintained by any party later than the adjournment of the next full regular legislative session following the effective date of the bill as law, unless it can be shown that there was no party aggrieved who could have raised the claim within that time. In the latter circumstance, the complaining party must establish that he or she was the first person aggrieved or in the class of first persons aggrieved, and that the claim was raised not later than the adjournment of the next full regular legislative session following any person being aggrieved. In no event shall an action alleging a procedural defect in the enactment of a bill into law be allowed later than five years after the bill or the pertinent section of the bill which is challenged becomes effective.
­­--------
(L. 1994 S.B. 558)
Effective 6-03-94
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.011 - Applicability of chapter.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1993
517.011. Applicability of chapter. —
1. The provisions of this chapter shall apply to the practice and procedure in civil cases originally filed before associate circuit judges in hearing and determining the following cases or classes of cases:
(1) Except as otherwise provided by law, all civil actions and proceedings for the recovery of money, whether such action be founded upon contract or tort, or upon a bond or undertaking given in pursuance of law in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state, when the sum demanded, exclusive of interest and costs, does not exceed twenty-five thousand dollars;
(2) All actions against any railroad company in this state, to recover damages for killing or injuring horses, mules, cattle or other animals within their respective counties, without regard to the value of such animals, or the amount claimed for killing or injuring the same;
(3) All cases arising under chapter 213, 272, 302, 303, 388, 429, 430, 444, 482, 521, 533, 534, 535, or 577;
(4) In counties of less than seventy thousand inhabitants, when a circuit judge is absent from the county, cases that a circuit judge can hear in chambers except where otherwise provided by law.
2. The provisions of this chapter shall not apply to the practice and procedure before associate circuit judges in hearing and determining cases, except as provided in subsection 1 of this section.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 1988 H.B. 1660, A.L. 1989 S.B. 127, et al., A.L. 1993 S.B. 88 merged with S.B. 180)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.021 - Rules of civil procedure to apply.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.021. Rules of civil procedure to apply. —
The rules of civil procedure shall apply to cases or classes of cases to which this chapter is applicable, except where otherwise provided by law.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.031 - Petition required, form — affirmative defenses, counterclaims, cross-claims, filing — extension of filing, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.031. Petition required, form — affirmative defenses, counterclaims, cross-claims, filing — extension of filing, when. —
1. The plaintiff shall file a written petition containing the facts upon which the claim is founded. A copy of any written instrument or account in support of the petition should be attached and filed. The pleadings of the petition shall be informal unless the court in its discretion requires formal pleadings.
2. Affirmative defenses, counterclaims and cross claims shall be filed in writing not later than the return date and time of the summons unless leave to file the same at a later date is granted by the court. No other responsive pleading need be filed. If no responsive pleading is filed, the statements made in the petition, affirmative defenses, counterclaims or cross claims shall be considered denied except as provided in section 517.132.
3. For good cause shown, the court may extend the time for filing any pleading.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.041 - Summons, how served.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 2009
517.041. Summons, how served. —
1. The process in all cases shall be a summons with a copy of the petition of the plaintiff attached, directed to the sheriff or other proper person for service on the defendant. The summons shall command the defendant to appear before the court on a date and time, not less than ten days nor more than sixty days from the date of service of the summons.
2. If process is not timely served, the plaintiff may request further process be issued to any defendant not timely served with the case being continued, or the plaintiff may dismiss as to any such defendant and proceed with the case.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660, A.L. 2009 H.B. 237 & H.B. 238 & H.B. 482 merged with H.B. 481)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.051 - When case to be tried.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 01 Jan 1987, see footnote
517.051. When case to be tried. —
Every case shall be tried upon the return date of the summons, when the summons has been duly and timely served, or on a date to which the case has been continued.
­­--------
(L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.061 - Change of venue and change of judge, when — how filed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.061. Change of venue and change of judge, when — how filed. —
Change of venue and change of judge shall be for the same reasons and in the same manner as provided in the rules of civil procedure except that the application shall be filed not later than five days before the return date of the summons. If the cause is not tried on the return date but continued and if all parties are given fifteen days' advance notice of a trial setting before the particular judge, then any application for change of judge or change of venue shall be made not later than five days before the date set for trial.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.071 - Continuation of case, when — rescheduling.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.071. Continuation of case, when — rescheduling. —
1. A case shall be continued to a day certain upon the request of any party made on or before the return date of the summons.
2. A case may be continued to a day certain, not exceeding thirty days, upon:
(1) The motion of the judge without consent of any party; or
(2) The agreement of all parties; or
(3) The application of any party and for good cause shown.
3. A case may be continued generally as follows:
(1) By written agreement of all parties; or
(2) When all defendants have not been timely served with process; or
(3) If it appears to the judge that there is discovery or other trial preparation to be done that would reasonably require more than thirty days.
4. When a case has been continued generally, it may be rescheduled for trial or other proceeding before the court on fifteen days' written notice to all parties.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.081 - Case certified to presiding judge of circuit, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.081. Case certified to presiding judge of circuit, when. —
A case shall be certified for assignment by the presiding judge of the circuit or in accordance with local rules when:
(1) A party files a petition, a counterclaim, cross claim or third-party petition that independently exceeds the jurisdiction of cases triable under this chapter; or
(2) Consolidation of cases appears proper, and such consolidation would result in a claim exceeding the jurisdictional limit of the division.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.091 - Trial by jury, when waived — jury trial, how granted — composition of jury.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1985
517.091. Trial by jury, when waived — jury trial, how granted — composition of jury. —
1. In any case triable before a jury, a trial by jury shall be deemed waived unless written demand be filed not later than five days before the return date of summons or the date set for trial, whichever is later. For good cause shown, the judge may grant any party's request for jury trial.
2. A jury shall be composed of twelve qualified jurors, unless all parties agree on a lesser number, but not less than six, in which case the number of veniremen shall be reduced accordingly. Three-fourths or more of any jury concurring may return a verdict.
­­--------
(L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.101 - Dismissal of claim or portion of claim, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.101. Dismissal of claim or portion of claim, when. —
A pleading stating a claim or any portion thereof may be dismissed without prejudice at the costs of the claiming party when:
(1) That party requests such dismissal at any time before the trial is commenced; or
(2) A party fails to appear when scheduled or notified.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.111 - Dismissal of case or judgment by default or consent, how entered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 01 Jan 1987, see footnote
517.111. Dismissal of case or judgment by default or consent, how entered. —
1. When a case is dismissed, or judgment is by default or consent, such judgment shall be entered forthwith by the judge.
2. When a case is tried before a judge without a jury, judgment shall be entered by the judge within thirty days after the case is submitted for final decision unless the parties consent to a longer period of time.
­­--------
(L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.121 - Judgment by consent, when entered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 01 Jan 1987, see footnote
517.121. Judgment by consent, when entered. —
A judgment by consent may be entered when there is consent by all parties made after the filing of the petition either in open court or by a written consent filed with the court and signed by each party or the attorney for such party.
­­--------
(L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.131 - Default judgment, when entered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.131. Default judgment, when entered. —
A default judgment may be entered in favor of a party filing a claim upon appearance by such party in person or by attorney upon written oath made by such party or upon such evidence as may be determined by the judge when the opposing party has been duly and timely served with summons and does not appear in court on the return date or subsequent date to which the case has been continued.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.132 - Written instrument which is basis of claim, counterclaim or cross-claim admissible as evidence, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.132. Written instrument which is basis of claim, counterclaim or cross-claim admissible as evidence, when. —
If any suit, setoff, counterclaim or cross claim is based upon a written instrument purporting to have been executed by the opposite party, and the same or a verified copy is filed with the court, such instrument shall be admitted in evidence at trial unless the opposing party by responsive pleadings or affidavit shall deny the execution of the instrument, prior to admission of the instrument in evidence.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.141 - Transcript of judgment, treatment of — duty of clerk.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 28 Aug 1988
517.141. Transcript of judgment, treatment of — duty of clerk. —
On demand of any person interested therein, whether by assignment or otherwise, every clerk or officer who shall be in possession of the record of judgment shall give to such person a certified transcript of such judgment. Upon production of any such transcript, the clerk of the circuit court of the county in which the judgment was rendered shall record the same in his permanent record of circuit court judgments, and note therein the date and hour of its filing.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.151 - Judgment to be lien on real estate from time of filing transcript — fees for filing — revival of lien.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
• Effective - 01 Jul 1997, see footnote
517.151. Judgment to be lien on real estate from time of filing transcript — fees for filing — revival of lien. —
From the time of filing the transcript, every such judgment shall have the same lien on the real estate of the defendant in the county as is given judgments rendered by circuit judges. The circuit clerk shall collect fees in such amounts as are determined pursuant to sections 488.010 to 488.020
*
for each transcript filed. The revival of any such lien upon real estate shall be under the same procedures as with judgments originally rendered by a circuit judge, shall be made from the record of the transcripted judgment so filed in the office of circuit clerk, and may be revived under proceedings before either a circuit or an associate circuit judge. The foregoing provisions shall not apply with respect to any judgment of a small claims court nor shall any judgment of a small claims court be a lien upon real estate.
­­--------
(L. 1985 S.B. 5, et al., A.L. 1996 S.B. 869)
Effective 7-01-97
*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.
CROSS REFERENCE:
Liens on real estate established by decree of associate circuit courts, procedure, 511.350
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 517 - Procedure Before Certain Associate Circuit Judges › Section 517.161 - Procedure in certain cases filed prior to January 1, 1987 — effective date of certain sections.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 517
Effective - 28 Aug 1985
517.161. Procedure in certain cases filed prior to January 1, 1987 — effective date of certain sections. —
The provisions of sections 66.060, 478.225, 482.325, 482.365, 506.010, 512.180, 517.011 to 517.151, 521.420, 535.020, 535.040, 535.110, 535.160 and 546.595 shall become effective January 1, 1987. Any case filed prior to January 1, 1987, in the divisions of the circuit court presided over by an associate circuit judge shall be governed by the practice and procedure of causes heard by associate circuit judges as were in effect on the date the case was filed, including the right to trial de novo.
­­--------
(L. 1985 S.B. 5, et al. § C)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.010 - Attachment, when issued — parties to — causes for.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.010. Attachment, when issued — parties to — causes for. —
In any court having competent jurisdiction, the plaintiff in any civil action may have an attachment against the property of the defendant, or that of any one or more of several defendants, in any one or more of the following cases:
(1) Where the defendant is not a resident of this state;
(2) Where the defendant is a corporation, whose chief office or place of business is out of this state;
(3) Where the defendant conceals himself, so that the ordinary process of law cannot be served upon him;
(4) Where the defendant has absconded or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon him;
(5) Where the defendant is about to remove his property or effects out of this state, with the intent to defraud, hinder or delay his creditors;
(6) Where the defendant is about to remove out of this state, with the intent to change his domicile;
(7) Where the defendant has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors;
(8) Where the defendant has fraudulently concealed, removed or disposed of his property or effects, so as to hinder or delay his creditors;
(9) Where the defendant is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors;
(10) Where the defendant is about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder or delay his creditors;
(11) Where the cause of action accrued out of this state, and the defendant has absconded, or secretly removed his property or effects into this state;
(12) Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or for the seduction of any female;
(13) Where the debtor has failed to pay the price or value of any article or thing delivered, which by contract, he was bound to pay upon the delivery;
(14) Where the debt sued for was fraudulently contracted on the part of the debtor.
­­--------
(RSMo 1939 § 1438)
Prior revisions: 1929 § 1274; 1919 § 1725; 1909 § 2294
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.020 - Attachments on demands not due — exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.020. Attachments on demands not due — exceptions. —
An attachment may issue on a demand not yet due in any of the cases mentioned in section 521.010, except subdivisions (1), (2), (3) and (4), but no judgment shall be rendered against the defendant until the maturity of the demand.
­­--------
(RSMo 1939 § 1439)
Prior revisions: 1929 § 1275; 1919 § 1726; 1909 § 2295
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.030 - The affidavit.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.030. The affidavit. —
An affidavit alleging any one of the causes set forth in the several subdivisions of section 521.010, in the language of such subsection, shall be held good and sufficient.
­­--------
(RSMo 1939 § 1440)
Prior revisions: 1929 § 1276; 1919 § 1727; 1909 § 2296
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.040 - Issuance on demands less than fifty dollars.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1945
521.040. Issuance on demands less than fifty dollars. —
Attachments may issue from circuit courts for a sum less than fifty dollars and not less than five dollars, when, in addition to the affidavit herein required, it shall be stated by the affiant that the defendant has not, to affiant's knowledge, any goods, chattels, effects or credits, within the state, liable to attachment issued by an associate circuit judge. And in all cases where such attachment shall have issued, such court shall have and retain jurisdiction of the entire cause, and if the attachment is for any reason dissolved, such court may proceed to try the cause on its merits, the same as in cases of attachments for sums of fifty dollars or more.
­­--------
(RSMo 1939 § 1441, A.L. 1945 p. 648)
Prior revisions: 1929 § 1277; 1919 § 1728; 1909 § 2297
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.050 - Suits by attachment — affidavit and bond — exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 02 Jan 1979, see footnote
521.050. Suits by attachment — affidavit and bond — exceptions. —
Any plaintiff wishing to sue by attachment may file in the clerk's office of the court in which the attachment is instituted a petition or other lawful statement or exhibit of his cause of action, and, except in suits instituted by the state or a county in its own behalf, and also, except in cases where the defendant is not a resident of the state of Missouri, in either of which cases no bond shall be required, shall also file an affidavit and bond, and, thereupon, such plaintiff may sue out an original attachment against the lands, tenements, goods, moneys, effects and credits of the defendant in whose hands soever the same may be; and where the affidavit for an attachment states that the plaintiff will lose his claim, unless the writ of attachment issues, and be served on Sunday or any other legal holiday, the writ may be issued and served on that day; provided, that when any writ of attachment has issued against a nonresident and the plaintiff has given no bond, the attachment shall be dissolved as of course, and the lands, tenements, goods, moneys, effects and credits of the defendant taken or levied upon under such writ of attachment shall be released therefrom, upon the defendant entering his appearance and filing his answer to the merits of the case; unless the plaintiff shall, within ten days from the date of the filing and service of defendant's answer and entry of appearance, file his bond in said case in double the amount sworn to in the affidavit of the plaintiff; provided, however, upon good cause shown, the judge may grant an additional ten days to file said bond; the bond herein provided for as to its effect and the obligation of the parties thereto shall be the same as if filed before the writ of attachment was issued.
­­--------
(RSMo 1939 § 1442, A.L. 1945 p. 650, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1278; 1919 § 1729; 1909 § 2298
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.060 - Form of affidavit, by whom made.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.060. Form of affidavit, by whom made. —
The affidavit shall be made by the plaintiff, or some person for him, and shall state that the plaintiff has a just demand against the defendant, and that the amount which the affiant believes the plaintiff ought to recover, after allowing all just credits and setoffs, is ______ dollars, and that he has good reason to believe, and does believe, in the existence of one or more of the causes which according to the provisions of section 521.010 would entitle the plaintiff to sue by attachment.
­­--------
(RSMo 1939 § 1443)
Prior revisions: 1929 § 1279; 1919 § 1730; 1909 § 2299
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.070 - Bond, by whom executed — conditions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.070. Bond, by whom executed — conditions. —
The bond shall be executed by the plaintiff, or some responsible person as principal, and one or more sureties, resident householders of the county in which the action is to be brought, in a sum at least double the amount sworn to in the affidavit, payable to the state of Missouri, conditioned that the plaintiff shall prosecute his action without delay and with effect, refund all sums of money that may be adjudged to be refunded to the defendant, or found to have been received by the plaintiff and not justly due to him, and pay all damages and costs that may accrue to any defendant, garnishee or interpleader by reason of the attachment, or any process or proceeding in the suit, or by reason of any judgment or process thereon, and pay all damages and costs that may accrue to any sheriff or other officer by reason of acting under the writ of attachment, following the instructions of the plaintiff.
­­--------
(RSMo 1939 § 1444)
Prior revisions: 1929 § 1280; 1919 § 1731; 1909 § 2300
(1995) Where supreme court rule required bonds not exceeding double the judgment and statute requires bonds of at least double the judgment sought, supreme court rule promulgated pursuant to Article V, Section 5, Mo. Const., supersedes statute. If there is a conflict between supreme court rules and a statute, the rule always prevails if it addresses practice, procedure or pleadings State ex rel. Union Electric Co. V. Barnes, 893 S.W.2d 804 (Mo. en banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 521 - Attachments › Section 521.080 - Bond, by whom approved — attachment not to issue until.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 521
• Effective - 28 Aug 1939
521.080. Bond, by whom approved — attachment not to issue until. —
The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavit and petition or other lawful statement of the cause of action, shall be filed before an attachment shall be issued; provided, that in all cases where the clerk shall be a party to the suit, the sheriff shall pass on and determine the sufficiency of the bond.
­­--------
(RSMo 1939 § 1445)
Prior revisions: 1929 § 1281; 1919 § 1732; 1909 § 2301