reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.210 - Person to whose use action is brought, liable to pay costs — judgment for costs in such cases, effect of.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.210. Person to whose use action is brought, liable to pay costs — judgment for costs in such cases, effect of. —
When any suit or proceeding, instituted in the name of the state or any county, on the relation or in behalf or for the use of any private person, and where a suit shall be commenced in the name of one person to the use of another, the person for whose use the action is brought shall be held liable to the payment of all costs. And in all such cases, as well where there is security for costs, or where the attorney is liable for the same, judgment for costs shall be rendered against the person for whose use the action is brought, the security or attorney, in like manner and to the same extent as if the suit or proceeding had been instituted in his own name.
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(RSMo 1939 § 1421)
Prior revisions: 1929 § 1257; 1919 § 1709; 1909 § 2278
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.220 - Adjudication of costs in partition.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.220. Adjudication of costs in partition. —
In all cases founded on the statutes concerning the partition of lands, the costs shall be paid by the parties plaintiff and defendant, according to their respective interests in the lands which may be the subject of the proceedings; and the court shall render judgment against each party for his or her share of such costs. If the lands, or any part thereof, be sold in partition, then the costs adjudged against the party or parties whose interests shall be sold shall be paid out of the proceeds of such sale; and against all parties to such proceedings among whom partition shall be made in kind, an execution may issue, and shall be levied on the lands, tenements, goods and chattels of each party to such proceedings, whose share is set off in kind; provided, that no lands, tenements, goods or chattels shall be levied upon and sold, under and by virtue of such execution, except for the satisfaction of such part of said costs as may be adjudged against the owner thereof.
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(RSMo 1939 § 1422)
Prior revisions: 1929 § 1258; 1919 § 1710; 1909 § 2279
CROSS REFERENCES:
Costs in partition to be paid from proceeds of sale, 528.460
Partition costs, 528.220, 528.320, 528.350, 528.450, 528.530, 528.580, 528.610
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.230 - Deposit or tender made before suit, plaintiff not to recover costs.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
• Effective - 28 Aug 1939
514.230. Deposit or tender made before suit, plaintiff not to recover costs. —
In all actions where, before suit brought, tender shall be made and full payment offered, by discount or otherwise, in such specie and at such time and place as the party, by contract or agreement, ought to do, and the thing tendered, if in money, shall be deposited in court, or if not money, committed under an order of court to the sheriff or other officer of court, for the use of the plaintiff, before the trial of the cause shall commence, and the party to whom such tender shall be made doth refuse the same, and yet afterward will sue for the debt or property so tendered, the plaintiff shall not recover any costs in such suit, but the defendant shall recover costs, as if the judgment in the cause had gone in his favor upon the merits.
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(RSMo 1939 § 1423)
Prior revisions: 1929 § 1259; 1919 § 1711; 1909 § 2280
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.240 - Tender without deposit stops interest or accumulation of damages.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.240. Tender without deposit stops interest or accumulation of damages. —
Where tender and no deposit shall be made, as provided in section 514.230, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the time such tender was made.
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(RSMo 1939 § 1424)
Prior revisions: 1929 § 1260; 1919 § 1712; 1909 § 2281
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.250 - Tender in court after suit brought — when plaintiff shall pay all costs from the time of such tender.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.250. Tender in court after suit brought — when plaintiff shall pay all costs from the time of such tender. —
If, in any suit pending, the defendant shall, at any time, deposit with the clerk, for the use of the plaintiff, the amount of the debt or damages he admits to be due, together with all costs that have then accrued, and the plaintiff shall refuse to accept the same in discharge of his suit, and shall not afterward recover a larger sum for his debt or damages due, and costs accrued up to the time of deposit, than the sum so deposited, he shall pay all costs that may accrue from and after the time such money was so deposited, as aforesaid.
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(RSMo 1939 § 1425)
Prior revisions: 1929 § 1261; 1919 § 1713; 1909 § 2282
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.260 - Duty of clerk in taxing bill of costs.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.260. Duty of clerk in taxing bill of costs. —
The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause.
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(RSMo 1939 § 1427)
Prior revisions: 1929 § 1263; 1919 § 1715; 1909 § 2284
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.270 - Retaxation of costs, when made — effect.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1939
514.270. Retaxation of costs, when made — effect. —
Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court in which the action or proceeding was had, and in such retaxation all errors shall be corrected by the court; and if the party aggrieved shall have paid any unlawful charge, by reason of the first taxation, the clerk shall pay the costs of retaxation, and also to the party aggrieved the amount which he may have paid by reason of the allowing of such unlawful charge.
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(RSMo 1939 § 1428)
Prior revisions: 1929 § 1264; 1919 § 1716; 1909 § 2285
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.280 - Supreme court or appellate court to retax costs, when — order fees refunded.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1973
514.280. Supreme court or appellate court to retax costs, when — order fees refunded. —
In all cases of appeal in the supreme court and the court of appeals, it shall be the duty of the court, whenever the transcript of a record shall contain any unnecessary matter had before the inferior court, to retax the bill of costs of the clerk of the inferior court, although no motion for that purpose is made by either party; and when the fees for such unnecessary matter contained in the transcript of the record shall have been paid to the clerk of the inferior court, the appellate court shall order the same to be refunded, which order may be enforced by attachment.
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(RSMo 1939 § 1429, A. 1949 H.B. 2122, A.L. 1973 S.B. 263)
Prior revisions: 1929 § 1265; 1919 § 1717; 1909 § 2286
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.303 - Costs of enforcing judgment, how awarded — how certified.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 01 Jul 1997, see footnote
514.303. Costs of enforcing judgment, how awarded — how certified. —
All costs involved in the execution and sale of property pursuant to judgment, except attorney's fees, may be awarded as judgment in favor of the party incurring such costs, including moving expenses, insurance, storage charges, and any other expenses except for attorney's fees, reasonably incurred as a result of such execution and sale. Creditors shall certify such expenses as true and accurate in an affidavit filed with the court, and shall provide the court with copies of all receipts. The court may then award such costs as it deems reasonable and necessary.
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(L. 1985 S.B. 5, et al. § 3, A.L. 1996 S.B. 869)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.310 - Fee bill and writ of fieri facias to contain written or printed itemized statement of costs.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 28 Aug 1949
514.310. Fee bill and writ of fieri facias to contain written or printed itemized statement of costs. —
Every fee bill and every writ of fieri facias issuing out of any court of record in this state, shall have written or printed thereon a true statement of each and every item of all the taxable costs in the case, and over against each item so stated there shall be set the amount of money taxed thereunder; and when the same shall come to the hands of any officer authorized by law to enforce the collection thereof, he shall also itemize all the costs to be added thereto by him for his own services.
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(RSMo 1939 § 1435, A. 1949 H.B. 2122)
Prior revisions: 1929 § 1271; 1919 § 1723; 1909 § 2292
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.330 - Court costs — collection.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 01 Jul 1997, see footnote
514.330. Court costs — collection. —
The clerks who are responsible by law or court rule for collecting court costs shall strictly examine the accounts of all court costs accruing during the progress of any civil suit pending in divisions for which they are responsible for collecting court costs, and shall correct the same if wrong in any manner, and shall thereupon enter the amount thereof upon their records; and if the person or persons and their sureties for costs properly chargeable with such court costs shall neglect or refuse to pay the amount thereof, and costs for issuing and serving the same, within thirty days after demand, the clerk shall take such action to collect such fees as provided by sections 488.010 to 488.020
*
.
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(RSMo 1939 § 13398, A. 1949 H.B. 2122, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Prior revisions: 1929 § 11776; 1919 § 10986; 1909 § 10690
Effective 7-01-97
*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 514 - Costs (Civil Cases) › Section 514.335 - Guardian ad litem appointed for minors not party to action, compensation.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 514
Effective - 01 Jul 1997, see footnote
514.335. Guardian ad litem appointed for minors not party to action, compensation. —
In any court case or proceeding in which a guardian ad litem is appointed by the court to safeguard the interests of a minor and in which the minor is not a party, the court may enter judgment in favor of the guardian ad litem allowing reasonable compensation for such guardian ad litem's services.
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(L. 1982 S.B. 722 § 1, A.L. 1996 S.B. 869)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.010 - Cases referred by consent.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.010. Cases referred by consent. —
All or any of the issues of fact in the action may be referred upon the written consent of the parties.
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(RSMo 1939 § 1141)
Prior revisions: 1929 § 975; 1919 § 1425; 1909 § 1995
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.020 - When referred by order of court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.020. When referred by order of court. —
Where the parties do not so consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases:
(1) Where the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein; or
(2) Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect; or
(3) Where a question of fact other than upon the pleadings shall arise upon motion or otherwise, in any stage of the action.
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(RSMo 1939 § 1142)
Prior revisions: 1929 § 976; 1919 § 1426; 1909 § 1996
CROSS REFERENCES:
Examination of judgment debtor, referee may conduct, 513.390
Insurance company, proceedings to wind up, referee appointed to hear, when, 375.610
Mechanic's and materialman's lien action, referee appointed, when, 429.320
(1956) The power of a court of equity to refer issues to a referee is expressly limited to situations provided for in chapter 515, RSMo, notwithstanding the rule at common law. Durwood v. Dubinsky (Mo.), 291 S.W.2d 909.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.030 - Parties may agree upon referees or court shall appoint.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.030. Parties may agree upon referees or court shall appoint. —
In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three; and, upon filing such agreement, the reference shall be ordered accordingly. If the parties do not agree, the court shall appoint one or more referees, not exceeding three, who shall be free from all exception.
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(RSMo 1939 § 1143)
Prior revisions: 1929 § 977; 1919 § 1427; 1909 § 1997
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.040 - Referees to be disinterested parties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.040. Referees to be disinterested parties. —
No person shall be appointed referee who is of kin to either party, or is interested in the event of the action.
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(RSMo 1939 § 1145)
Prior revisions: 1929 § 979; 1919 § 1429; 1909 § 1999
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.050 - Oath of referees.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.050. Oath of referees. —
Before proceeding to hear any testimony in the cause, they shall take and subscribe an oath before some officer duly authorized to administer an oath, faithfully and fairly to hear and examine the cause, and to make a just, impartial and true report, according to the best of their understanding, which oath shall be filed and returned with the award.
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(RSMo 1939 § 1147)
Prior revisions: 1929 § 981; 1919 § 1431; 1909 § 2001
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.060 - Referees to hear and determine cause without delay.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.060. Referees to hear and determine cause without delay. —
The referee or referees appointed in pursuance of any order of reference shall proceed with diligence to hear and determine the matter in controversy.
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(RSMo 1939 § 1144)
Prior revisions: 1929 § 978; 1919 § 1428; 1909 § 1998
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.070 - Appointment in case of death or removal of referee.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.070. Appointment in case of death or removal of referee. —
In case of the death or removal from the state of a referee, another shall, if necessary and proper, be appointed to fill the vacancy.
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(RSMo 1939 § 1146)
Prior revisions: 1929 § 980; 1919 § 1430; 1909 § 2000
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.080 - Referees must all meet and conduct hearing.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.080. Referees must all meet and conduct hearing. —
If more than one referee be appointed, all the referees must meet together and hear all the proofs and allegations of the parties; but a report made and every other act done by a majority of them, shall be valid.
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(RSMo 1939 § 1151)
Prior revisions: 1929 § 985; 1919 § 1435; 1909 § 2005
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.090 - Hearing — notice — adjournments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.090. Hearing — notice — adjournments. —
They shall appoint a time and place for the hearing, and give ten days' notice thereof, in writing, to all the parties, and if either party being notified shall fail to appear, they shall proceed ex parte, and shall adjourn the hearing, from time to time, as may be necessary; and for good cause they may postpone the hearing to any time, not extending beyond the next term of the court in which the suit is pending, or when a longer time is given by the order of the court within which to report, not extending beyond such time.
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(RSMo 1939 § 1148)
Prior revisions: 1929 § 982; 1919 § 1432; 1909 § 2002
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.100 - Service of notices, how and by whom made.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.100. Service of notices, how and by whom made. —
All notices required to be given by the referees or others, in the progress of a cause, shall be served by reading the same or delivering a copy to the person to be notified, and may be served by the sheriff or other officer authorized to serve process, whose return shall be evidence of the facts therein stated.
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(RSMo 1939 § 1160)
Prior revisions: 1929 § 994; 1919 § 1445; 1909 § 2014
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.110 - Power to compel attendance of witnesses.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.110. Power to compel attendance of witnesses. —
They shall have the same power that may be given by law to associate circuit judges, to issue subpoenas for witnesses, and to compel their attendance by attachment, to administer oaths, and punish contempts committed in their presence during the hearing of the cause, and commit to the jail of the county such witnesses as refuse to testify.
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(RSMo 1939 § 1149)
Prior revisions: 1929 § 983; 1919 § 1433; 1909 § 2003
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.120 - Service of notices and subpoenas.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.120. Service of notices and subpoenas. —
Such notices and all subpoenas for witnesses in any cause may also be served by any person being a competent witness in the cause; and the affidavit of such person shall be received as evidence of the facts stated relating to the service.
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(RSMo 1939 § 1161)
Prior revisions: 1929 § 995; 1919 § 1446; 1909 § 2015
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.130 - May compel parties to testify and produce documents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.130. May compel parties to testify and produce documents. —
They shall have power, as courts of record have, to examine the parties on oath, to be administered by the referees, or either of them, and to require the production of all books, papers and documents in the custody or under the control of either party.
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(RSMo 1939 § 1153)
Prior revisions: 1929 § 987; 1919 § 1437; 1909 § 2007
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.140 - Punishment of parties for contempt.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.140. Punishment of parties for contempt. —
If any party shall neglect or refuse to account, pursuant to proper notice, or to produce any books, papers or documents required by the referees, the referees may proceed against the party for his disobedience and imprison him until he submits to account or produce such books, papers and documents, or the referees may receive a statement of the account from the adverse party, and the witnesses that he may produce on oath in relation thereto, and report such sum to be due as they on such examination find due.
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(RSMo 1939 § 1154)
Prior revisions: 1929 § 988; 1919 § 1438; 1909 § 2008
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.150 - Punishment for refusal to testify.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.150. Punishment for refusal to testify. —
If either party shall refuse to be sworn, or when sworn shall refuse to answer any proper question, the referees may imprison him until he consents to be sworn or to answer such question.
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(RSMo 1939 § 1155)
Prior revisions: 1929 § 989; 1919 § 1439; 1909 § 2009
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.160 - Depositions may be taken and read.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.160. Depositions may be taken and read. —
Depositions of witnesses or parties regularly taken in the cause may be read in evidence before the referees, as in cases of trials before the court.
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(RSMo 1939 § 1150)
Prior revisions: 1929 § 984; 1919 § 1434; 1909 § 2004
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.170 - Testimony to be written — exceptions to be stated in report.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.170. Testimony to be written — exceptions to be stated in report. —
All testimony taken before referees shall be reduced to writing, and if either party shall except to the competency of a witness or the admission or exclusion of evidence, or any other matter to which exceptions may be taken, the referees, if required, shall state the particulars of the exceptions in their report.
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(RSMo 1939 § 1156)
Prior revisions: 1929 § 990; 1919 § 1440; 1909 § 2010
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.180 - Court may compel referees to hear and report.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.180. Court may compel referees to hear and report. —
The referees may be compelled, by the order of the court in which the cause is pending, to proceed to the hearing and make a report. And the court may require them to report their decision, in admitting or rejecting any witness, or the depositions of any witness or other testimony, in allowing or overruling any question to any witness, or answer thereto; and all proceedings by them, together with the testimony before them, and their reasons for allowing or disallowing any claim of either party.
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(RSMo 1939 § 1152)
Prior revisions: 1929 § 986; 1919 § 1436; 1909 § 2006
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.190 - Report of referees.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.190. Report of referees. —
The referees shall, in all cases, report as speedily as possible, reciting the order of the court, and showing the notice to the parties, the time and place of stating the account or taking the testimony, and all other proceedings had, and return the same, together with the testimony taken, to the court.
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(RSMo 1939 § 1157)
Prior revisions: 1929 § 991; 1919 § 1441; 1909 § 2011
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.200 - Exceptions to report.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.200. Exceptions to report. —
All exceptions to the report of the referees shall be in writing, and filed within four days, in term, after the report is filed, and shall be argued without delay.
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(RSMo 1939 § 1158)
Prior revisions: 1929 § 992; 1919 § 1442; 1909 § 2012
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.210 - Proceedings on report.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.210. Proceedings on report. —
If exceptions are sustained the matter may again be referred, with instructions, if necessary, but if the report is confirmed by the court, judgment shall be rendered thereon in the same manner and with like effect as upon a special verdict.
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(RSMo 1939 § 1159)
Prior revisions: 1929 § 993; 1919 § 1443; 1909 § 2013
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.220 - Compensation of referees.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.220. Compensation of referees. —
Referees, in the absence of any special agreement, shall receive such compensation for their services as the court in which the case is pending may allow, not exceeding ten dollars per day.
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(RSMo 1939 § 1162)
Prior revisions: 1929 § 996; 1919 § 1447; 1909 § 2016
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.230 - Compensation of witnesses and officers.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
Effective - 28 Aug 1939
515.230. Compensation of witnesses and officers. —
Witnesses shall receive the same fees for attending before arbitrators and referees that they may be allowed them for attending before the circuit court in civil cases; and sheriffs and all other officers shall be entitled to the same fees for service performed in relation to arbitrations and references, that may be allowed them in their respective courts for similar services.
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(RSMo 1939 § 1163)
Prior revisions: 1929 § 997; 1919 § 1448; 1909 § 2017
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.500 - Citation of law.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.500. Citation of law. —
Sections 515.500 to 515.665 may be cited as the "Missouri Commercial Receivership Act".
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.515 - General and limited receivers.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.515. General and limited receivers. —
A receiver shall be either a general receiver or a limited receiver. A receiver shall be a general receiver if the receiver is appointed to take possession and control of all or substantially all of a debtor's property and provided the power to liquidate such property. A receiver shall be a limited receiver if the receiver is appointed to take possession and control of only limited or specific property of a debtor, whether to preserve or to liquidate such property. A receiver appointed at the request of a person having a lien on or interest in specific property that constitutes all or substantially all of a debtor's property may be either a general receiver or a limited receiver. The court shall specify in the order appointing a receiver whether the receiver is appointed as a general receiver or as a limited receiver. The court by order, upon notice and a hearing, may convert either a general receiver into a limited receiver or a limited receiver into a general receiver for good cause shown. In the absence of a clear designation by the court of the type of receiver appointed, whether limited or general, the receiver shall be presumed to be a general receiver and shall have the rights, powers, and duties attendant thereto.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.520 - Notice of appointment, content.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.520. Notice of appointment, content. —
1. Upon entry of an order appointing a receiver or upon conversion of a limited receiver to a general receiver pursuant to section 515.515 and within ten business days thereof, or within such additional time as the court may allow, the receiver shall give notice of the appointment or conversion to all parties in interest, including the secretary of state for the state of Missouri, and state and federal taxing authorities. Such notice shall be made by first class mail and proof of service thereof shall be filed with the court. The content of such notice shall include:
(1) The caption reflecting the action in which the receiver is appointed;
(2) The date the action was filed;
(3) The date the receiver was appointed;
(4) The name, address, and contact information of the appointed receiver;
(5) Whether the receiver is a limited or general receiver;
(6) A description of the estate property;
(7) The debtor's name and address and the name and address of the attorney for the debtor, if any;
(8) The court address at which pleadings, motions, or other papers may be filed;
(9) Such additional information as the court directs; and
(10) A copy of the court's order appointing the receiver.
2. A general receiver shall also give notice of the receivership by publication in a newspaper of general circulation published in the county or counties in which estate property is known to be located once a week for three consecutive weeks. The first notice shall be published within thirty days after the date of appointment of the receiver. The notice of the receivership shall include the date of appointment of the receiver, the name of the court and the action number, the last day on which claims may be filed, if established by the court, and the name and address of the debtor, the receiver, and the receiver's attorney, if any. For purposes of this section, all intangible property included as estate property is deemed to be located in the county in which the debtor, if a natural person, resides, or in which the debtor, if an entity, maintains its principal administrative offices.
3. The debtor shall cooperate with all reasonable requests for information from the receiver for purposes of assisting the receiver in providing notice pursuant to subsection 1 of this section. In the court's discretion, the failure of such debtor to cooperate with any reasonable request for information may be punished as a contempt of court.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.525 - Replacement of receiver, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.525. Replacement of receiver, when. —
Except as provided in sections 515.500 to 515.665 or otherwise by statute, any person, whether or not a resident of this state, may serve as a receiver. A person may not be appointed as a receiver, and shall be replaced as receiver if already appointed, if it should appear to the court that the person:
(1) Has been found guilty of a felony or other crime involving moral turpitude or is controlled by a person who has been convicted of a felony or other crime involving moral turpitude;
(2) Is a party to the action, or is a parent, grandparent, grandchild, sibling, partner, director, officer, agent, attorney, employee, secured or unsecured creditor or lienor of, or holder of any equity interest in, or controls or is controlled by, the debtor, or who is the agent, affiliate, or attorney of any disqualified person;
(3) Has an interest materially adverse to the interest of persons to be affected by the receivership generally; or
(4) Is a sheriff of any county.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.530 - Bond requirements.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.530. Bond requirements. —
Except as otherwise provided for by statute or court rule, before entering upon duties of receiver, a receiver shall execute a bond with one or more sureties approved by the court, in the amount the court specifies, conditioned that the receiver will faithfully discharge the duties of receiver in accordance with orders of the court and state law. Unless otherwise ordered by the court, the receiver's bond runs in favor of all persons having an interest in the receivership proceeding or property held by the receiver and in favor of state agencies.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.535 - Receiver to have powers and priority of creditor.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.535. Receiver to have powers and priority of creditor. —
As of the time of appointment, and subject to the provisions of subdivision (3) of subsection 3 of section 515.575, the receiver shall have the powers and priority as if it were a creditor that obtained a judicial lien at the time of appointment on all of the debtor's property that is subject to the receivership, subject to satisfaction of recording requirements as to real property pursuant to subdivision (3)
*
of subsection 2 of section 515.545.
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(L. 2016 H.B. 1765 merged with S.B. 578)
*Words "paragraph (c)" appear in original rolls in H.B. 1765 and S.B. 578.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.540 - Court to have exclusive authority, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.540. Court to have exclusive authority, when. —
1. Except as otherwise provided for by sections 515.500 to 515.665, the court in all cases has exclusive authority over the receiver, and the exclusive possession and right of control with respect to all real property and all tangible and intangible personal property with respect to which the receiver is appointed, wherever located, and the exclusive authority to determine all controversies relating to the collection, preservation, application, and distribution of all property, and all claims against the receiver arising out of the exercise of the receiver's powers or the performance of the receiver's duties. However, the court does not have exclusive authority over actions in which a state agency is a party and in which jurisdiction or venue is vested elsewhere.
2. For good cause shown, the court has power to shorten or expand the time frames specified in sections 515.500 to 515.665.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.550 - Estate property, turnover of upon demand — court action to compel.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.550. Estate property, turnover of upon demand — court action to compel. —
1. Upon demand by a receiver, any person, including the debtor, shall turn over any estate property that is within the possession or control of that person unless otherwise ordered by the court for good cause shown. A receiver by motion may seek to compel turnover of estate property as against any person over which the court first establishes jurisdiction, unless there exists a bona fide dispute with respect to the existence or nature of the receiver's possessory interest in the estate property, in which case turnover shall be sought by means of a legal action. In the absence of a bona fide dispute with respect to the receiver's right to possession of estate property, the failure to relinquish possession and control to the receiver shall be punishable as a contempt of the court.
2. Should the court after notice and a hearing pursuant to subsection 1 of this section order the turnover of property to the receiver, the party against which such order is made shall have the right to deliver a bond executed by such party as principal together with one or more sufficient sureties providing that the principal and each such surety shall each be bound to the receiver in double the amount of the value of the property to be turned over, should the property not be turned over to the receiver when such order becomes final. Absent such bond, the property ordered to be turned over to the receiver shall be immediately turned over to the receiver within ten days of the entry of such order.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.555 - Debtor duties and requirements.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.555. Debtor duties and requirements. —
1. In addition to other duties and requirements set forth in sections 515.500 to 515.665 and as ordered by the court, the debtor shall:
(1) Within fourteen days of the appointment of a general receiver, make available for inspection by the receiver during normal business hours all information and data required to be filed with the court pursuant to section 515.560, in the form and manner the same are maintained in the ordinary course of the debtor's business;
(2) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver's duties, and comply with all orders of the court;
(3) Supply to the receiver information necessary to enable the receiver to complete any schedules or reports that the receiver may be required to file with the court, and otherwise assist the receiver in the completion of the schedules;
(4) Upon the receiver's appointment, deliver into the receiver's possession all the property of the receivership estate in the person's possession, custody, or control, including, but not limited to, all accounts, books, papers, records, and other documents; and
(5) Following the receiver's appointment, submit to examination by the receiver, or by any other person upon order of the court, under oath, concerning the acts, conduct, property, liabilities, and financial condition of that person or any matter relating to the receiver's administration of the estate.
2. When the debtor is an entity, each of the officers, directors, managers, members, partners, or other individuals exercising or having the power to exercise control over the affairs of the entity are subject to the requirements of this section.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.560 - Debtor to file schedules, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.560. Debtor to file schedules, when. —
1. Within thirty days after the date of appointment of a general receiver, the debtor shall file with the court and submit to the receiver the following schedules:
(1) A true list of all of the known creditors and applicable regulatory and taxing agencies of the debtor, including the mailing addresses for each, the amount and nature of their claims, and whether their claims are disputed; and
(2) A true list of all estate property, including the estimated liquidation value and location of the property and, if real property, a legal description thereof, as of the date of appointment of the receiver.
2. The Missouri supreme court may from time to time prescribe by court rule the schedules to be filed in receiverships as the supreme court shall deem appropriate to the effective administrations of sections 515.500 to 515.665.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.565 - Appraisal not required without court order.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.565. Appraisal not required without court order. —
1. A receiver shall not be obligated to obtain any appraisal or other independent valuation of property in the receiver's possession unless ordered by the court to do so.
2. A court may order the receiver to file such additional schedules, reports of assets, liabilities, claims, or inventories as necessary and proper.
3. Whenever a list or schedule required pursuant to this section is not prepared and filed as required by the debtor, the court may order the receiver, a petitioning creditor, or such other person as the court in its discretion deems appropriate to prepare and file such list or schedule within a time fixed by the court. The court may approve reimbursement of the cost incurred in complying with such order as an administrative expense.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.570 - General receiver to file monthly report, contents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.570. General receiver to file monthly report, contents. —
1. A general receiver shall file with the court a monthly report of the receiver's operations and financial affairs unless otherwise ordered by the court. Except as otherwise ordered by the court, each report of a general receiver shall be due by the last day of the subsequent month and shall include the following:
(1) A balance sheet;
(2) A statement of income and expenses;
(3) A statement of cash receipts and disbursements;
(4) A statement of accrued accounts receivable of the receiver;
(5) A statement disclosing amounts considered to be uncollectable;
(6) A statement of accounts payable of the receiver, including professional fees. Such statement shall list the name of each creditor and the amounts owing and remaining unpaid over thirty days; and
(7) A tax disclosure statement, which shall list post filing taxes due or tax deposits required, the name of the taxing agency, the amount due, the date due, and an explanation for any failure to make payments or deposits.
2. A limited receiver shall file with the court all such reports as the court may require.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.580 - Utility service, notice required by public utility to discontinue — violations, remedies.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.580. Utility service, notice required by public utility to discontinue — violations, remedies. —
1. A public utility, as defined in section 386.020, providing service to estate property may not alter, refuse, or discontinue service to the property without first giving the receiver fifteen days' notice, or such other notice as may be required by the rules of the public service commission for a customer of that class, of any default or intention to alter, refuse, or discontinue service to estate property. This section does not prohibit the court, upon motion by the receiver, to prohibit the alteration or cessation of utility service if the receiver can furnish adequate assurance of payment in the form of deposit or other security for service to be provided after entry of the order appointing the receiver.
2. Any public utility regulated by the public service commission which violates this section shall be subject to appropriate remedial measures by the commission upon receiving notice that the utility has violated the provisions of this section.
3. When a utility service provider not regulated by the public service commission violates this section, upon direction of the court, an action may be brought by the receiver against the utility to enforce compliance with the provisions of this section.
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(L. 2016 H.B. 1765 merged with S.B. 578)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 515 - Referees and Receivers › Section 515.590 - Unsecured credit or debt, receiver may obtain, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 515
• Effective - 28 Aug 2016
515.590. Unsecured credit or debt, receiver may obtain, when. —
1. If a receiver is authorized to operate the business of a debtor or manage a debtor's property, the receiver may obtain unsecured credit and incur unsecured debt in the ordinary course of business as an administrative expense of the receiver without order of the court.
2. The court after notice and a hearing may authorize a receiver to obtain credit or incur debt other than in the ordinary course of business. The court may allow the receiver to mortgage, pledge, hypothecate, or otherwise encumber estate property as security for repayment of any debt that the receiver may incur, including that the court may provide that additional credit extended to a receiver by a secured creditor of the debtor be afforded the same priority as the secured creditor's existing lien.
3. When determining the propriety of allowing a receiver to obtain credit or incur debt pursuant to subsection 2 of this section, the court shall consider the likely impact on the interests of unsecured creditors of the debtor.
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(L. 2016 H.B. 1765 merged with S.B. 578)