reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.521 - Definitions — significant connection factors.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.521. Definitions — significant connection factors. —
1. In this article, the following terms mean:
(1)
"Emergency"
, a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2)
"Home state"
, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition;
(3)
"Significant-connection state"
, a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
2. In determining under section 475.523 and subsection 5 of section 475.531 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property; and
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.522 - Exclusive basis.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.522. Exclusive basis. —
This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.523 - Jurisdiction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.523. Jurisdiction. —
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) This state is the respondent's home state;
(2) On the date a petition is filed, this state is a significant-connection state and:
(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
a. A petition for an appointment or order is not filed in the respondent's home state;
b. An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
c. The court in this state concludes that it is an appropriate forum under the factors set forth in section 475.526;
(3) This state does not have jurisdiction under either subdivisions (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under section 475.524 are met.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.524 - Special jurisdiction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.524. Special jurisdiction. —
1. A court of this state lacking jurisdiction under section 475.523 has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;
(2) Issue a protective order with respect to real or tangible personal property located in this state;
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 475.531.
2. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.525 - Exclusive and continuing jurisdiction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.525. Exclusive and continuing jurisdiction. —
Except as otherwise provided in section 475.524, a court that has appointed a guardian or issued a protective order consistent with sections 475.501 to 475.555 has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.526 - Appropriate forum.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.526. Appropriate forum. —
1. A court of this state having jurisdiction under section 475.523 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
2. If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.527 - Jurisdiction declined by reason of conduct.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.527. Jurisdiction declined by reason of conduct. —
1. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(b) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 3 of section 475.526; and
(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 475.523.
2. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than sections 475.501 to 475.555.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.528 - Notice of proceeding.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.528. Notice of proceeding. —
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in this state.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.529 - Proceedings in more than one state.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.529. Proceedings in more than one state. —
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in subdivision (1) or (2) of subsection 1 of section 475.524, if a petition for the appointment of a guardian or issuance of a protective order is filed in this and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under section 475.523, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 475.523 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under section 475.523, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.531 - Transfer of guardianship or conservatorship to another state.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.531. Transfer of guardianship or conservatorship to another state. —
1. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
2. Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
3. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.
4. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
5. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in subsection 2 of section 475.521;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) Adequate arrangements will be made for management of the protected person's property.
6. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 475.532; and
(2) The documents required to terminate a guardianship or conservatorship in this state.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.532 - Accepting guardianship or conservatorship transferred from another state.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.532. Accepting guardianship or conservatorship transferred from another state. —
1. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in section 475.531, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
2. Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.
3. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.
4. The court shall issue an order provisionally granting a petition filed under subsection 1 of this section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment in this state.
5. The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 475.531 transferring the proceeding to this state.
6. Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
7. In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
8. The denial by a court of this state of a petition to accept guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under this chapter if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.541 - Registration of guardianship orders.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.541. Registration of guardianship orders. —
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.542 - Registration of protective orders.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.542. Registration of protective orders. —
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.543 - Effect of registration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.543. Effect of registration. —
1. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
2. A court of this state may grant any relief available under sections 475.501 to 475.555 and other law of this state to enforce a registered order.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.544 - State law applicability.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.544. State law applicability. —
Except where inconsistent with sections 475.541, 475.542, and 475.543, the laws of this state relating to the registration and recognition of the acts of a foreign guardian, curator, or conservator contained in sections 475.335 to 475.340 shall be applicable.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.551 - Uniformity of application and construction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.551. Uniformity of application and construction. —
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.552 - Relation to Electronic Signatures in Global and National Commerce Act.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.552. Relation to Electronic Signatures in Global and National Commerce Act. —
Sections 475.501 to 475.555 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.555 - Effective date.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
475.555. Effective date. —
1. Sections 475.501 to 475.555 apply to guardianship and protective proceedings begun on or after August 28, 2011.
2. Articles 1, 3, 4, and sections 475.551 and 475.552 apply to proceedings begun before August 28, 2011, regardless of whether a guardianship or protective order has been issued.
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(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.600 - Citation of law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018
475.600. Citation of law. —
Sections 475.600, 475.602, and 475.604 shall be known and may be cited as the "Supporting and Strengthening Families Act".
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(L. 2018 S.B. 819)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.604 - Delegation form, contents.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018
475.604. Delegation form, contents. —
Any form for the delegation of powers authorized under section 475.602 shall be witnessed by a notary public and contain the following information:
(1) The full name of any child for whom parental and legal authority is being delegated;
(2) The date of birth of any child for whom parental and legal authority is being delegated;
(3) The full name and signature of the attorney-in-fact;
(4) The address and telephone number of the attorney-in-fact;
(5) The full name and signature of the parent or legal guardian;
(6) One of the following statements:
(a) "I delegate to the attorney-in-fact all of my power and authority regarding the care, custody, and property of each minor child named above including, but not limited to, the right to enroll the child in school, inspect and obtain copies of education and other records concerning the child, the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; or
(b) "I delegate to the attorney-in-fact the following specific powers and responsibilities (insert list). This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; and
(7) A description of the time for which the delegation is being made and an acknowledgment that the delegation may be revoked at any time.
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(L. 2018 S.B. 819)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.001 - Purpose of law.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2019, 2 histories
476.001. Purpose of law. —
An efficient, well operating and productive judiciary is essential to the preservation of the people's liberty and prosperity. In order to achieve this goal, the general assembly and the supreme court must constantly be aware of the operations, needs, strengths and weaknesses of the judicial system. It is the purpose of sections 476.001, 476.055, 476.330 to 476.380, 476.412, 476.681, and 477.405 to provide the general assembly and the supreme court with the mechanisms to obtain on a continuing basis a comprehensive analysis of judicial resources and an efficient and organized method of identifying the problems and needs as they occur. It is the further purpose of sections 476.001, 476.055, 476.330 to 476.380, 476.412, 476.681, 477.405, 478.073, and 478.320 to provide a system for the efficient allocation of available personnel, facilities and resources to achieve a uniform and effective operation of the judicial system.
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(L. 1989 S.B. 439 § 1, A.L. 2014 S.B. 621, A.L. 2019 H.B. 192 merged with S.B. 83 merged with S.B. 230)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.010 - Courts of record.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2001
476.010. Courts of record. —
The supreme court of the state of Missouri, the court of appeals, and the circuit courts shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of proceedings before the division is kept.
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(RSMo 1939 § 1990, A.L. 1945 p. 806, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1997 S.B. 248, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 1826; 1919 § 2323; 1909 § 3845
CROSS REFERENCES:
Effect of 1945 constitution on existing courts, Const. schedule § 4 (Schedule follows Const. Art. XII)
Judicial power, where vested, Const. Art. V § 1
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.015 - Short title.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1978
476.015. Short title. —
House Bill 1634 of the 2nd regular session of the 79th general assembly shall be known and may be cited as the "Court Reform and Revision Act of 1978".
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(L. 1978 H.B. 1634 § 1)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.020 - Courts to keep a seal.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.020. Courts to keep a seal. —
Each court of record in this state shall procure and keep a seal, with such emblems and devices as the court may think proper, and the impression thereof by stamp shall be deemed a sufficient sealing.
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(RSMo 1939 § 1991)
Prior revisions: 1929 § 1827; 1919 § 2324; 1909 § 3846
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.030 - Private seal used, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.030. Private seal used, when. —
When no seal is provided, the clerk may use his private seal for the authentication of any record, process or proceeding required by law to be authenticated by the seal of the court; and the attestation of the clerk, stating that he has no seal of office, and that he has affixed his private seal, shall be received as sufficient authentication, without requiring any proof of such private seal, or that it was affixed.
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(RSMo 1939 § 1992)
Prior revisions: 1929 § 1828; 1919 § 2325; 1909 § 3847
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.050 - Records to be kept in English language.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1997
476.050. Records to be kept in English language. —
All writs, process, proceedings and records in any court, and in all inferior tribunals established by law, shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made in a fair, legible character, in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language may be used, and numbers may be expressed by Arabic figures or Roman numerals, in the customary way. Notwithstanding the foregoing, such writs, processes, proceedings and records may be filed, submitted, stored and maintained in an electronic format or otherwise in the manner provided by supreme court rule.
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(RSMo 1939 § 2005, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 1841; 1919 § 2338; 1909 § 3860
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.056 - Municipal court automation, duties of municipality.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1997
476.056. Municipal court automation, duties of municipality. —
1. Any city, county, village or other municipality may provide for automation of its municipal court pursuant to subsection 3 of section 476.055, in the manner provided in this section. In order to make such provisions, such municipality must:
(1) Adopt an ordinance imposing the surcharge in the amount allowed, and payable in the manner provided, by section 476.053
*
, and sections 488.010 to 488.020;
(2) Enter into an agreement with the state courts administrator for automation of the municipality's court. Such agreement may provide for continuation of the surcharge for a minimum period of time, payable to the fund established by section 476.055, or a special fund established in the state treasury for such purpose upon expiration of section 476.055, for payment of a guaranteed minimum annual amount in the event that payment of such surcharges shall not offset the cost of the automation of the municipality's court; and such other terms as may be agreed on between the municipality and the state courts administrator.
2. Notwithstanding the provisions of section 476.053
*
, the payment of any surcharge provided by this section may continue for a period in excess of that allowed by section 476.053
*
for payment of surcharges in the circuit courts. The provisions of section 33.080 shall not apply to any special fund established pursuant to this section.
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(L. 1997 S.B. 248)
*Transferred 2000; now 488.027
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.057 - Judicial personnel training fund, judicial personnel defined.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2013
476.057. Judicial personnel training fund, judicial personnel defined. —
1. The state courts administrator shall determine the amount of the projected total collections of fees pursuant to section 488.015, payable to the state pursuant to section 488.023
*
, or subdivision (4) of subsection 2 of section 488.018; and the amount of such projected total collections of fees required to be deposited into the fund in order to maintain the fund required pursuant to subsection 2 of this section. The amount of fees payable for court cases may thereafter be adjusted pursuant to section 488.015, as provided by said section. All proceeds of the adjusted fees shall thereupon be collected and deposited to the state general revenue fund as otherwise provided by law, subject to the transfer of a portion of such proceeds to the fund established pursuant to subsection 2 of this section.
2. There is hereby established in the state treasury a special fund for purposes of providing training and education for judicial personnel, including any clerical employees of each circuit court clerk. Moneys from collected fees shall be annually transferred by the state treasurer into the fund from the state general revenue fund in the amount of no more than two percent of the amount expended for personal service by state and local government entities for judicial personnel as determined by the state courts administrator pursuant to subsection 1 of this section. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the state general revenue fund, until the amount in the fund exceeds two percent of the amounts expended for personal service by state and local government for judicial personnel.
3. In addition, any moneys received by or on behalf of the state courts administrator from fees, grants, or any other sources in connection with providing training to judicial personnel shall be deposited in the fund provided, however, that moneys collected in the fund in connection with a particular purpose shall be segregated and shall not be disbursed for any other purpose.
4. The state treasurer shall administer the fund and, pursuant to appropriations, shall disburse moneys from the fund to the state courts administrator in order to provide training and to purchase goods and services determined appropriate by the state courts administrator related to the training and education of judicial personnel. As used in this section, the term
"judicial personnel"
shall include court personnel as defined in section 476.058, and judges.
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(L. 1997 S.B. 248, A.L. 2013 H.B. 374 & 434 merged with S.B. 100)
*Section 488.023 was repealed by S.B. 1001, 2000.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.058 - Court personnel defined — state court administration revolving fund created.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2003
476.058. Court personnel defined — state court administration revolving fund created. —
1. As used in this section, the term
"court personnel"
includes all personnel of all state courts and all divisions of the courts, including juvenile, family and municipal divisions, and clerks, deputy clerks, division clerks, official court reporters, law clerks and court administrators, but not including judges.
2. There is hereby established in the state treasury the "State Court Administration Revolving Fund". Any moneys received by or on behalf of the state court administrator from registration fees, grants, or any other source in connection with the training and education of court personnel provided pursuant to this section shall be deposited into the fund.
3. In addition, any moneys received by or on behalf of the state courts administrator from fees, grants, or any other sources in connection with the preparation of court transcripts shall be deposited in the fund provided, however, that moneys collected in the fund in connection with a particular purpose shall be segregated and shall not be disbursed for any other purpose.
4. The state treasurer shall administer the fund and shall disburse moneys from the fund to the state courts administrator pursuant to appropriations in order to provide training, to purchase goods and services related to the training and education of court personnel, and to pay for goods and services associated with the preparation of court transcripts.
5. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund, until the amount in the state courts administration revolving fund exceeds the greater of either one-half of the expenditures from the fund during the previous year, or fifty thousand dollars.
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(L. 1996 S.B. 869 § C-6, A.L. 2003 H.B. 613)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.060 - Interpreters appointed, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.060. Interpreters appointed, when. —
The courts may, from time to time, appoint interpreters and translators to interpret the testimony of witnesses, and to translate any writing necessary to be translated in such court, or any cause therein.
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(RSMo 1939 § 2010)
Prior revisions: 1929 § 1846; 1919 § 2343; 1909 § 3865
(1972) Appointment of interpreters rests within the discretion of the trial court but where the interpreter was plaintiff's brother and court did not determine if he could translate plaintiff's testimony or if he was unduly biased or prejudiced there was an abuse of discretion. Kley v. Abell (A.), 483 S.W.2d 625.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.062 - Court marshals' arrest powers — may carry firearms, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1997
476.062. Court marshals' arrest powers — may carry firearms, when. —
Subject to supreme court rule, district court of appeal rule and local circuit court rule, marshals of any court may carry firearms when necessary for the proper discharge of their duties. Such marshals shall have all powers granted law enforcement officers in this state to apprehend and arrest persons and which are necessary to ensure the proper security and functioning of the court employing such marshal.
­­--------
(L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.070 - Power of courts to issue writs.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.070. Power of courts to issue writs. —
All courts shall have power to issue all writs which may be necessary in the exercise of their respective jurisdictions, according to the principles and usages of law.
­­--------
(RSMo 1939 § 2008)
Prior revisions: 1929 § 1844; 1919 § 2341; 1909 § 3863
(1954) In condemnation suit where no question of public use was injected, the only function of the court was to determine the compensation for the taking and a writ of execution or of assistance to enforce the taking, could not be based on the decree therein. St. Louis Housing Authority v. Jower (A.), 267 S.W.2d 344.
(1959) Objection by person confined in jail in one county to his removal to another county on writ of habeas corpus ad prosequendum for trial on felony charge held without merit. State v. Robinson (Mo.), 325 S.W.2d 465.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.080 - Court or clerk may appoint person to execute process, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.080. Court or clerk may appoint person to execute process, when. —
Where there is no sheriff or other ministerial officer qualified to act, or where they are interested or prejudiced, the court, or clerk thereof in vacation, may appoint one or more persons to execute its process and perform any other duty of such officer, who shall be entitled to such fees for their services in each cause as are allowed by law to sheriffs in like cases.
­­--------
(RSMo 1939 § 2009)
Prior revisions: 1929 § 1845; 1919 § 2342; 1909 § 3864
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.083 - Circuit court marshal may be appointed in certain circuits, powers and duties, salary, qualifications.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2021, 3 histories
476.083. Circuit court marshal may be appointed in certain circuits, powers and duties, salary, qualifications. —
1. In addition to any appointments made pursuant to section 485.010, the presiding judge of each circuit containing one or more facilities operated by the department of corrections with an average total inmate population in all such facilities in the circuit over the previous two years of more than two thousand five hundred inmates or containing, as of January 1, 2016, a diagnostic and reception center operated by the department of corrections and a mental health facility operated by the department of mental health which houses persons found not guilty of a crime by reason of mental disease or defect under chapter 552 and provides sex offender rehabilitation and treatment services (SORTS) may appoint a circuit court marshal to aid the presiding judge in the administration of the judicial business of the circuit by overseeing the physical security of court facilities, including courtrooms, jury rooms, and chambers or offices of the court; serving court-generated papers and orders; and assisting the judges of the circuit as the presiding judge determines appropriate. Such circuit court marshal appointed pursuant to the provisions of this section shall serve at the pleasure of the presiding judge. The circuit court marshal authorized by this section is in addition to staff support from the circuit clerks, deputy circuit clerks, division clerks, municipal clerks, and any other staff personnel which may otherwise be provided by law.
2. The salary of a circuit court marshal shall be established by the presiding judge of the circuit within funds made available for that purpose, but such salary shall not exceed ninety percent of the salary of the highest paid sheriff serving a county wholly or partially within that circuit. Personnel authorized by this section shall be paid from state funds or federal grant moneys which are available for that purpose and not from county funds.
3. Any person appointed as a circuit court marshal pursuant to this section shall have at least five years' prior experience as a law enforcement officer. In addition, any such person shall within one year after appointment, or as soon as practicable, attend a court security school or training program operated by the United States Marshal Service. In addition to all other powers and duties prescribed in this section, a circuit court marshal may:
(1) Serve process;
(2) Wear a concealable firearm; and
(3) Make an arrest based upon local court rules and state law, and as directed by the presiding judge of the circuit.
­­--------
(L. 1995 H.B. 424, A.L. 1997 S.B. 248, A.L. 2007 S.B. 62 & 41, A.L. 2016 S.B. 578, A.L. 2021 H.B. 271)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.090 - Courts may enforce return of process.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.090. Courts may enforce return of process. —
Each court may enforce, by attachment, the return of any writ or process sent out of the same court, and the payment of any moneys had and received by any sheriff, marshal, coroner, constable, attorney or collector, in his official capacity, and the delivery of papers entrusted to him officially and unlawfully withheld.
­­--------
(RSMo 1939 § 2011)
Prior revisions: 1929 § 1847; 1919 § 2344; 1909 § 3866
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.100 - No process abated by failure of court to sit.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.100. No process abated by failure of court to sit. —
No writ, process or proceedings whatsoever, civil or criminal, shall be deemed discontinued or abated by reason of the failure of any term or session of any court, nor by reason of any adjournment in the cases mentioned in sections 476.010 to 476.310, or otherwise, before the business pending in such court is disposed of, but the same shall be continued and proceeded upon as if no failure or adjournment had happened.
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(RSMo 1939 § 2022)
Prior revisions: 1929 § 1858; 1919 § 2354; 1909 § 3876