reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.380 - Place of hearing.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.380. Place of hearing. —
All motions may be heard and other acts or proceedings, except trials upon the merits, may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county; but no hearing, other than one ex parte, shall be conducted outside the county without the consent of all parties affected thereby.
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(L. 1943 p. 353 § 70)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.390 - Regular times and places for hearing motions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.390. Regular times and places for hearing motions. —
1. Unless local conditions make it impracticable, each trial court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the court at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of actions.
2. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.
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(L. 1943 p. 353 § 71)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.400 - Defenses which may be raised by pleading — waiver.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.400. Defenses which may be raised by pleading — waiver. —
All defenses and objections for which there is no provision for the raising of the same by motion shall be raised in the responsive pleading if one is permitted. When no responsive pleading is required the case shall be deemed at issue. If a responsive pleading is required all defenses or objections not raised therein are waived, except failure to state a claim upon which relief can be granted, or failure to state a legal defense to a claim, and, except lack of jurisdiction over the subject matter. All issues of fact raised or deemed to be raised shall be determined at the trial.
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(L. 1943 p. 353 § 72)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.410 - Objection that no demand has been made not available, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1939
509.410. Objection that no demand has been made not available, when. —
It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs. This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.
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(RSMo 1939 § 1426)
Prior revisions: 1929 § 1262; 1919 § 1714; 1909 § 2283
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.420 - What a pleading shall state as a counterclaim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.420. What a pleading shall state as a counterclaim. —
A pleading shall state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrences that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
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(L. 1943 p. 353 § 73)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.430 - Counterclaim exceeding opposing claim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.430. Counterclaim exceeding opposing claim. —
A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
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(L. 1943 p. 353 § 74)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.440 - When claim may be presented as counterclaim by supplemental pleading.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.440. When claim may be presented as counterclaim by supplemental pleading. —
A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
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(L. 1943 p. 353 § 75)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.450 - Counterclaim set up by amendment, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.450. Counterclaim set up by amendment, when. —
When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires he may by leave of court set up the counterclaim by amendment.
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(L. 1943 p. 353 § 76)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.460 - Cross-claims against coparty.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
509.460. Cross-claims against coparty. —
A pleading may state as a cross-claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
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(L. 1943 p. 353 § 77)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.470 - Additional parties made defendants when required for counterclaim or cross-claim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.470. Additional parties made defendants when required for counterclaim or cross-claim. —
When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants as provided in this code if jurisdiction of them can be obtained.
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(L. 1943 p. 353 § 78)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.480 - Reduction of assigned claims to the extent of all counterclaims.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.480. Reduction of assigned claims to the extent of all counterclaims. —
Except as otherwise provided by law as to negotiable instruments, every assigned claim shall be subject to be reduced to the extent of all counterclaims which the obligor had against the plaintiff's assignor at the time of notice of the assignment.
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(L. 1943 p. 353 § 80)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.490 - Amendment of pleadings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.490. Amendment of pleadings. —
A party may amend his pleading as a matter of course at any time before a responsive pleading is filed and served, or, if the pleading is one to which no responsive pleading is required and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty days after it is filed. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
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(L. 1943 p. 353 § 81)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.500 - Amendments to conform to evidence.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.500. Amendments to conform to evidence. —
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
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(L. 1943 p. 353 § 82)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.510 - Supplemental pleadings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.510. Supplemental pleadings. —
Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.
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(L. 1943 p. 353 § 83)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.010 - Court may direct attorneys to appear before it for conference.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.010. Court may direct attorneys to appear before it for conference. —
1. The court may in its discretion direct the attorneys for the parties to appear before it for a conference in the county where the case is pending to consider
(1) The simplification of the issues;
(2) The necessity or desirability of amendments to the pleadings;
(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4) The limitation of the number of expert witnesses;
(5) Such other matters as may aid in the disposition of the action.
2. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.
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(L. 1943 p. 353 § 84)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.020 - Interrogatories to parties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.020. Interrogatories to parties. —
1. Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer, director, partner or managing agent thereof competent to testify in its behalf.
2. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within fifteen days after the delivery of the interrogatories, unless the court, on motion and notice and for good cause shown, enlarges or shortens the time.
3. Objections to any interrogatories may be presented to the court within ten days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are determined, which shall be at as early a time as is practicable.
4. No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party.
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(L. 1943 p. 353 § 85)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.030 - Production of documents, papers, tangibles — statements previously made, definition, obtained, how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1989
510.030. Production of documents, papers, tangibles — statements previously made, definition, obtained, how. —
1. Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an action is pending may:
(1) Order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of
*
any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody, or control; or
(2) Order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, sampling, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just.
2. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. For purposes of this subsection, a statement previously made is a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, audio, video, motion picture or other recording, or a transcription thereof, of the party or of a statement made by the party and contemporaneously recorded.
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(L. 1943 p. 353 § 86, A.L. 1989 S.B. 127, et al.)
*Word "or" appears in original rolls.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.040 - Court may order physical and mental examinations.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.040. Court may order physical and mental examinations. —
In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order him to submit to a physical or mental examination by a physician, chosen by the party requesting the examination. The order may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties not in default and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. Such physician shall be deemed the witness of the party procuring the examination unless called as a witness in court by the opposing party. Upon his request and without cost to himself the party examined shall be furnished by such order with a full written report of the examination.
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(L. 1943 p. 353 § 87)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.050 - Request for admission of genuineness of relevant documents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.050. Request for admission of genuineness of relevant documents. —
1. At any time after the pleadings are closed, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact pertaining to such documents set forth in the written request. Copies of the documents shall be delivered with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than ten days after service thereof or within such further time as the court may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters.
2. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may it be used against him in any other proceeding.
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(L. 1943 p. 353 § 88)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.070 - Cases shall be placed on docket, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.070. Cases shall be placed on docket, when. —
As soon as possible after issue is joined in a case pending in circuit court or after ten days from the date a case reaches the trial court upon appeal, by change of venue or otherwise upon issue already joined, the clerk shall place the same upon the trial docket. Cases shall be set for trial in accordance with the rules and practice of the trial court except as such appeals may be otherwise especially provided for by law.
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(L. 1943 p. 353 § 91)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.080 - Court may continue an action to a fixed day.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.080. Court may continue an action to a fixed day. —
For good cause shown, the court may continue an action to a fixed day, or to a date for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court.
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(L. 1943 p. 353 § 92)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.090 - Application for continuance, how made.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.090. Application for continuance, how made. —
Every application for a continuance shall, unless the adverse party consent that it be made orally in open court, be made by motion in writing, accompanied by the affidavit of the applicant, or of some other credible person, setting forth the facts on which the application is founded.
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(RSMo 1939 § 1087, A.L. 1943 p. 353 § 93)
Prior revisions: 1929 § 936; 1919 § 1386; 1909 § 1956
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.100 - Applications for a continuance on account of absence of witnesses shall show what.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.100. Applications for a continuance on account of absence of witnesses shall show what. —
Applications for a continuance on account of the absence of witnesses or their evidence shall show
(1) The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the applicant to obtain such witness or testimony;
(2) The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same, and also facts showing reasonable grounds of belief that the attendance or testimony of such witness will be procured at the date to which the action may be continued or set for trial;
(3) What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove or so fully prove the same facts;
(4) That such witness is not absent by the connivance, consent, or procurement of the applicant, and such application is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial.
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(RSMo 1939 § 1090, A.L. 1943 p. 353 § 94)
Prior revisions: 1929 § 939; 1919 § 1389; 1909 § 1959
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.110 - Amendment of affidavit — overruled, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.110. Amendment of affidavit — overruled, when. —
If the court shall be of the opinion that the affidavit is insufficient, it shall permit the same to be amended; and if after such amendment the affidavit does not contain a sufficient statement of facts as herein required, the court shall overrule the same; but if, upon the contrary, the court shall find the affidavit sufficient, the cause shall be continued, unless the opposite party will admit that the witness, if present, would swear to the facts set out in said affidavit, in which event the cause shall not be continued, but the party moving therefor shall read as the evidence of such witness the facts so stated in such affidavit and the opposing party may disprove the facts disclosed, or prove any contradictory statements made by such absent witness in relation to the matter in issue and on trial.
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(RSMo 1939 § 1091, A.L. 1943 p. 353 § 95)
Prior revisions: 1929 § 940; 1919 § 1390; 1909 § 1960
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.125 - Grievance resolution system for offenders, civil actions stayed, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1995
510.125. Grievance resolution system for offenders, civil actions stayed, when. —
1. In any civil action brought in a court of this state by an offender convicted of a crime who is confined in any state prison or correctional facility, the court shall stay such case until the offender has exhausted such administrative remedies as are described in this section and are available to the offender.
2. The department of corrections shall maintain a system or systems for the resolution of grievances of offenders confined in each state prison or correctional facility. The systems may provide for:
(1) Time limits for replies to grievances at each decision level within the system;
(2) Priority processing of grievances which are of an emergency nature, including matters in which delay would subject the grievant to substantial risk of personal injury;
(3) Safeguards to avoid reprisals against any grievant or participant in the resolution of a grievance; and
(4) Review of the disposition of grievances by a person or other entity who did not render the original decision of the grievance.
3. Notwithstanding the provisions of subsections 1 and 2 of this section, the provisions of any federal statute governing a cause of action created by federal law shall control and take precedence in actions brought pursuant to such federal law.
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(L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.130 - Voluntary dismissal — new trial.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.130. Voluntary dismissal — new trial. —
1. A plaintiff shall be allowed to dismiss his action without prejudice at any time before the same is finally submitted to the jury, or to the court sitting as a jury, or to the court, and not afterward. A plaintiff who has once so dismissed his action and thereafter files another action upon the same claim shall not be allowed to dismiss the same without prejudice after the jury has been impaneled, or after evidence has been introduced in a nonjury case, except
(1) Upon filing a stipulation to that effect signed by the opposite party; or
(2) On order of the court made on special motion in which the ground for said dismissal shall be set forth and which shall be supported by affidavit.
2. No party, who has been granted a dismissal at his request after an adverse ruling of the trial court preventing a recovery on his part, shall as a matter of right be granted more than one new trial or more than one appeal on the ground that the adverse ruling of the trial court preventing a recovery on his part was erroneous.
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(L. 1943 p. 353 § 99)
(1972) Plaintiff does not have an absolute right to take a voluntary dismissal but to deny such dismissal, defendant must show some injury to himself more than the mere fact that plaintiff could bring another action. Stubblefield v. Seals (Mo.), 485 S.W.2d 126.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.140 - Defendant may move for dismissal of an action — effect of motion.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.140. Defendant may move for dismissal of an action — effect of motion. —
For failure of the plaintiff to prosecute or to comply with this code or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, or in the event that the motion is granted and the resulting judgment is later held erroneous, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.
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(L. 1943 p. 353 § 100)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.150 - Effect of dismissals, with and without prejudice.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.150. Effect of dismissals, with and without prejudice. —
A dismissal without prejudice permits the party to bring another action for the same cause, unless the action is otherwise barred. A dismissal with prejudice operates as an adjudication upon the merits. Any voluntary dismissal other than one which the party is entitled to take without prejudice, and any involuntary dismissal other than one for lack of jurisdiction or for improper venue shall be with prejudice unless the court in its order for dismissal shall otherwise specify.
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(L. 1943 p. 353 § 101)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.160 - Provisions applying to dismissal of counterclaim, cross-claim or third-party claim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.160. Provisions applying to dismissal of counterclaim, cross-claim or third-party claim. —
The provisions of sections 510.130 to 510.150 and 514.180, apply to the dismissal of any counterclaim, cross-claim, or third-party claim.
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(L. 1943 p. 353 § 102)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.170 - Dismissal of plaintiff's action not to affect counterclaim or cross-claim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.170. Dismissal of plaintiff's action not to affect counterclaim or cross-claim. —
No dismissal, voluntary or involuntary, of a plaintiff's action in which a counterclaim or cross-claim has been filed shall operate to dismiss or discontinue such counterclaim or cross-claim.
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(L. 1943 p. 353 § 103)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.180 - Consolidation of actions — separate trials of issues.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 1943
510.180. Consolidation of actions — separate trials of issues. —
1. Whenever several suits founded alone upon liquidated demands shall be pending in the same court by the same plaintiff, against the same defendant, or whenever several such suits are pending in the same court, by the same plaintiff, against several defendants, the court in which the same shall be prosecuted may, in its discretion, if it appear expedient, order such suits to be consolidated into one action.
2. The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
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(RSMo 1939 §§ 1094, 1102, A.L. 1943 p. 353 § 97)
Prior revisions: 1929 §§ 943, 951; 1919 §§ 1393, 1401; 1909 §§ 1963, 1971
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.190 - Right of trial by jury — waiver.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1983
510.190. Right of trial by jury — waiver. —
1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition, or discharge of plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.
2. Parties shall be deemed to have waived trial by jury:
(1) By failing to appear at the trial;
(2) By filing with the clerk written consent in person or by attorney;
(3) By oral consent in court, entered on the minutes;
(4) By entering into trial before the court without objection.
3. In actions against the state when a statute provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
4. In actions where an infant or a mentally incapacitated person is a party and where an infant or mentally incapacitated person is represented by a legal representative, trial by jury shall be deemed to be waived under the circumstances set forth in subsection 2.
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(RSMo 1939 § 1101, A.L. 1943 p. 353 § 98, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 950; 1919 § 1400; 1909 § 1970
(1973) Held that trial by jury cannot be waived by informal statement by counsel that jury would not be required. Randolph v. Simpson (A.), 500 S.W.2d 289.
(1974) Held wife's counterclaim for necessaries was a claim at law and jury trial must be granted. Attebery v. Attebery (A.), 507 S.W.2d 87.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.200 - All trials upon the merits shall be conducted in open court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.200. All trials upon the merits shall be conducted in open court. —
All trials upon the merits shall be conducted in open court and so far as convenient in the regular courtroom. Trials may be conducted or motions heard outside the county where pending with the consent of all parties affected thereby.
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(L. 1943 p. 353 § 90)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.210 - Formal exceptions unnecessary — objections.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1947
510.210. Formal exceptions unnecessary — objections. —
Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor except it shall not be necessary to state grounds for objections for instructions; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
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(L. 1943 p. 353 § 122, A.L. 1947 V. I p. 227)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.220 - Verdict, general or special.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.220. Verdict, general or special. —
The verdict of a jury is either general or special. A general verdict is one by which the jury pronounces generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is one by which the jury finds the facts only, leaving the judgment to the court.
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(RSMo 1939 § 1119, A.L. 1943 p. 353 § 106)
Prior revisions: 1929 § 968; 1919 § 1418; 1909 § 1988
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.230 - General verdict, when rendered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.230. General verdict, when rendered. —
In every issue for the recovery of money only, or specific real or personal property, the jury shall render a general verdict.
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(RSMo 1939 § 1120, A.L. 1943 p. 353 § 107)
Prior revisions: 1929 § 969; 1919 § 1419; 1909 § 1989
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.240 - Court may direct issues to be made, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.240. Court may direct issues to be made, when. —
In all other cases, if at any time during the progress of any cause, it shall, in the opinion of the court, become necessary to determine any fact in controversy by the verdict of a jury, the court may direct an issue or issues to be made.
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(RSMo 1939 § 1121, A.L. 1943 p. 353 § 108)
Prior revisions: 1929 § 970; 1919 § 1420; 1909 § 1990
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.250 - Issues to be made only as directed by court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.250. Issues to be made only as directed by court. —
No issue shall be made, except such as shall be directed by the court.
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(RSMo 1939 § 1122, A.L. 1943 p. 353 § 109)
Prior revisions: 1929 § 971; 1919 § 1421; 1909 § 1991
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.260 - Issues, how tried and disposed of.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.260. Issues, how tried and disposed of. —
The trial of such issues shall be by jury, and the issues shall be disposed of by a general or special verdict before a final judgment shall be made therein.
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(RSMo 1939 § 1123, A.L. 1943 p. 353 § 110)
Prior revisions: 1929 § 972; 1919 § 1422; 1909 § 1992
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.262 - Applicability of certain statute changes for cases filed after August 28, 2020.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 2020
510.262. Applicability of certain statute changes for cases filed after August 28, 2020. —
The provisions of this act
*
shall apply to causes of action filed on or after August 28, 2020.
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(L. 2020 S.B. 591 § 1)
* "This act" contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.265 - Limitations on punitive damages in certain cases.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
• Effective - 28 Aug 2020, 2 histories
510.265. Limitations on punitive damages in certain cases. —
1. No award of punitive damages against any defendant shall exceed the greater of:
(1) Five hundred thousand dollars; or
(2) Five times the net amount of the judgment awarded to the plaintiff against the defendant.
­­Such limitations shall not apply if the state of Missouri is the plaintiff requesting the award of punitive damages, or the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff.
2. The provisions of this section and sections 510.261 and 510.263 shall not apply to civil actions brought under section 213.111 that allege a violation of section 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 213.070 relates to or involves a violation of section 213.040, 213.045, or 213.050, or subdivision (3) of subsection 1 of section 213.070 as it relates to housing.
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(L. 2005 H.B. 393, A.L. 2020 S.B. 591)
CROSS REFERENCE:
Applicability of statute changes for cases filed after August 28, 2005, 538.305; for cases filed after August 28, 2020, 510.262
(2014) Section's cap on punitive damage awards is unconstitutional under Article I, Section 22 (a) of Missouri Constitution; right to a jury trial in 1820 included right to have a jury determine amount of punitive damages in an action for fraud. Lewellen v. Franklin, 441 S.W.3d 136 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.270 - Jury shall assess amount of money of recovery, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.270. Jury shall assess amount of money of recovery, when. —
When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of the recovery; so, also, if they find for the defendant in case of offsets or other demand for money. When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict.
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(RSMo 1939 §§ 919, 1124, A.L. 1943 p. 353 § 111)
Prior revisions: 1929 §§ 767, 973; 1919 §§ 1223, 1423; 1909 §§ 1797, 1993
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.280 - Motion for directed verdict.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.280. Motion for directed verdict. —
The demurrer to the evidence and the request for peremptory instructions are abolished and in lieu thereof a party may make a motion for a directed verdict. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. Upon motion for directed verdict by a party opposing a claim the court, whether so requested or not, may dismiss the claim without prejudice if justice so requires.
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(L. 1943 p. 353 § 112)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.290 - Denial of motion for directed verdict — motion to set aside verdict, judgment — motion for new trial.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.290. Denial of motion for directed verdict — motion to set aside verdict, judgment — motion for new trial. —
Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Within ten days after the reception of a verdict, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict; or if a verdict was not returned, such party, within ten days after the jury has been discharged, may move for judgment in accordance with his motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial.
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(L. 1943 p. 353 § 113)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.300 - Instructions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.300. Instructions. —
1. At the close of all the evidence, or at such earlier time during the trial as the court may reasonably direct, any party may request that the court instruct the jury in writing on the law applicable to the issues in evidence in the case. Such instructions so requested to be submitted in writing by the party requesting the same, and may be given or refused by the court according to the law and the evidence in the case. The court may also instruct the jury in writing of its own motion. The court shall afford ample opportunity for counsel to examine the instructions before the same are given and to make objections out of the hearing of the jury.
2. Instructions which are refused shall be so marked by the court and filed with the clerk. All instructions given shall be carried by the jury to their room and returned and filed at the conclusion of their deliberations. All instructions refused and all instructions given shall be kept as part of the record of the cause.
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(RSMo 1939 § 1118, A.L. 1943 p. 353 § 105)
Prior revisions: 1929 § 967; 1919 § 1417; 1909 § 1987
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.310 - Procedure in cases tried upon facts without a jury.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1943
510.310. Procedure in cases tried upon facts without a jury. —
1. In cases tried upon the facts without a jury, the court shall rule upon all objections to evidence as in jury cases. Where the court is of the opinion that the evidence is not admissible, it shall not receive the evidence, but where the evidence is brief and is not privileged, the court shall permit the same and any cross-examination relating thereto or evidence in rebuttal thereof to be taken down by the court reporter or otherwise preserved, apart from the evidence received.
2. At or after the trial, the court shall render such judgment as it thinks right upon the law and the evidence. If any party shall so request before final submission of the case, the court shall dictate to the court reporter, or prepare and file a brief opinion containing a statement of the grounds for its decision and the method of determining any damages awarded; and may, or if specifically requested by counsel, shall, include its findings on any of the principal controverted fact issues. All fact issues upon which no specific findings are made shall be deemed found in accordance with the result reached.
3. Upon motion of a party made not later than ten days after entry of judgment the court may amend the judgment and opinion. The motion may be made with a motion for a new trial.
4. No findings of fact, except such as shall have been specifically requested, and no conclusions of law or objections to the judgment or to the opinion of the court are necessary for purposes of review. The question of the sufficiency of the evidence to support the judgment may be raised whether or not the question was raised in the trial court. The appellate court shall review the case upon both the law and the evidence as in suits of an equitable nature. The judgment shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The appellate court shall consider any evidence which was rejected by the trial court and duly preserved for the appeal when the appellate court believes such evidence to be admissible. The appellate court may also order any rejected evidence to be taken by deposition or under a reference and returned to said court.
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(L. 1943 p. 353 § 114)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 510 - Trials and Proceedings Before and After Trial › Section 510.320 - Trial or proceeding shall not be terminated by expiration of term.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 510
Effective - 28 Aug 1939
510.320. Trial or proceeding shall not be terminated by expiration of term. —
No trial or proceeding in any civil or criminal case shall be terminated by the expiration of the term at which it was commenced, but such trial or proceeding may proceed until it is concluded in all respects as if the term had not expired, or same may be continued to an adjourned or special term, or to the next regular term, as the court may direct.
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(RSMo 1939 § 2023)
Prior revision: 1929 § 1859