reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXIV - Juries › Chapter 494 - General Provisions as to Juries › Section 494.495 - Jury may separate, when — duty of court.

Title XXXIV JURIES
Chapter 494
• Effective - 28 Aug 1989
494.495. Jury may separate, when — duty of court. —
The court may permit the jury to separate at any adjournment or recess of the court during the trial and jury deliberation in all cases of misdemeanor or felony, except in capital cases. When the jurors are permitted to separate, after being impaneled as provided for in sections 494.400 to 494.505, and at each adjournment the court shall admonish them that it is their duty not to converse among themselves, nor to suffer others to converse with them or in their hearing on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them, or until they return to the jury room to continue their deliberations.
­­--------
(L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXIV - Juries › Chapter 494 - General Provisions as to Juries › Section 494.500 - Aliens, jury in the trial of.

Title XXXIV JURIES
Chapter 494
• Effective - 28 Aug 1989
494.500. Aliens, jury in the trial of. —
No alien shall be entitled to a jury of part aliens or strangers, for the trial of any indictment, but in every case the jurors shall be such only as are qualified to serve according to the laws of this state.
­­--------
(L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXIV - Juries › Chapter 494 - General Provisions as to Juries › Section 494.505 - Jurors may be summoned from another county, when — procedure — transportation furnished jury instead of mileage, when.

Title XXXIV JURIES
Chapter 494
• Effective - 28 Aug 1989
494.505. Jurors may be summoned from another county, when — procedure — transportation furnished jury instead of mileage, when. —
1. Whenever it shall appear, in the manner provided in section 545.490, that the inhabitants of the entire county in which the cause is pending are so prejudiced against the defendant that a fair trial cannot be had, the circuit court judge may order as many jurors as he deems necessary to be summoned from any county or counties in the same judicial circuit as the county of trial or in any adjoining judicial circuit. If the circuit court judge is of the opinion that it is necessary in order to provide a fair trial of any cause, he may summon jurors from a county which is neither in the circuit nor adjoining the judicial circuit in which the trial is to be held by requesting the chief justice of the supreme court of the state of Missouri to name a county in the state from which jurors may be summoned for such trial.
2. If jurors are summoned from a county other than the county of trial, the selection of the jury panel may, at the discretion of the circuit court judge, be held in the county in which the jurors reside.
3. Jurors summoned pursuant to the provisions of subsection 1 of this section shall be subject to the same challenges as other jurors, except challenges for nonresidence in the county of trial. Transportation may be furnished to the jurors in lieu of mileage.
4. The supreme court of the state of Missouri shall promulgate rules to implement the provisions of this section.
­­--------
(L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.010 - Citation of code — to govern certain procedures.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 01 Jan 1987, see footnote
506.010. Citation of code — to govern certain procedures. —
This code shall be known and cited as "The Civil Code of Missouri" and shall govern the procedure in the supreme court, court of appeals, and divisions of the circuit court in all suits and proceedings of a civil nature whether cognizable as cases at law or in equity, unless otherwise provided by law. It shall be construed to secure the just, speedy and inexpensive determination of every action. Such code shall not apply, however, to the practice and procedure before a circuit or associate circuit judge in the small claims court or the municipal division of the circuit court except to the extent that such provisions are otherwise specifically made applicable.
­­--------
(L. 1943 p. 353 § 2, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-01-87
(1975) Held that in third party practice it need not be shown that venue has been independently complied with but venue may rest on proper venue shown in the original case. State ex rel. Garrison Wagner Co. v. Schaaf (Mo.), 528 S.W.2d 438.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.020 - Code not to apply to criminal practice, exception.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.020. Code not to apply to criminal practice, exception. —
This code shall not apply to practice and procedure in criminal cases except to the extent that its provisions or any of them are now or hereafter may be made applicable by statute. If it occur that inadvertently this (civil) code may effect any change in the practice and procedure in criminal cases as the same exists at the time of the passage of said code, the supreme court shall and is hereby directed to immediately promulgate a rule restoring such a provision or provisions of said criminal practice and procedure to the end that the present practice and procedure in criminal cases shall not be changed except by a legislative act passed for that specific purpose.
­­--------
(L. 1943 p. 353 § 145)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.030 - Power of supreme court to promulgate rules to harmonize code.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.030. Power of supreme court to promulgate rules to harmonize code. —
If any part of this code shall be found to be in conflict or discordant with other parts of this code or with other statutes relating to civil procedure, the supreme court shall have power to promulgate rules necessary to harmonize the same so as to promote the orderly administration of justice. No such rule shall abridge, enlarge or modify the substantive rights of any litigant. Such rules shall be effective until superseded by legislative enactment.
­­--------
(L. 1943 p. 353 § 10)
CROSS REFERENCE:
Supreme court may prescribe rules of practice and procedure, Const. Art. V § 5
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.040 - One form of action.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.040. One form of action. —
There shall be one form of action to be known as "civil action".
­­--------
(RSMo 1939 § 847, A.L. 1943 p. 353 § 4)
Prior revisions: 1929 § 696; 1919 § 1153; 1909 § 1727
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.050 - Order of court and motion defined.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1939
506.050. Order of court and motion defined. —
Every direction of a court or judge, made or entered in writing and not included in a judgment, is denominated an order, and an application for an order is a motion.
­­--------
(RSMo 1939 § 1238)
Prior revisions: 1929 § 1072; 1919 § 1523; 1909 § 2092
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.060 - Periods of time prescribed or allowed by code — how computed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 2003
506.060. Periods of time prescribed or allowed by code — how computed. —
1. In computing any period of time prescribed or allowed by this code, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
2. When by this code or by a notice given thereunder or by order of the court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion:
(1) With or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2) Upon motion permit the act to be done after the expiration of the specified period where the failure to act was the result of excusable neglect; but it may not enlarge the period for filing a motion for or granting a new trial, or for commencing an action or taking an appeal as provided by this code.
3. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the expiration of a term of court. The expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which it is otherwise by law authorized to take and which is pending before it.
4. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by law or court rule or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by an affidavit, the affidavit shall be served with the motion; and, except as otherwise provided by law in connection with motion for new trial, opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
­­--------
(L. 1943 p. 353 § 6, A.L. 2003 H.B. 613)
(1974) Computation of time relating to wrongful death statutes clarified. Bowling v. Webb Gas Co., Inc. of Lebanon (Mo.), 505 S.W.2d 39.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.080 - Court deemed always open for filing certain papers.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.080. Court deemed always open for filing certain papers. —
The courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.
­­--------
(L. 1943 p. 353 § 7)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.090 - Clerk's office open, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.090. Clerk's office open, when. —
The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Sundays and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable as of course by the clerk; but this action may be suspended or altered or rescinded by the court upon cause shown.
­­--------
(L. 1943 p. 353 § 8)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.100 - How papers shall be served.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1943
506.100. How papers shall be served. —
1. Every pleading subsequent to the original petition, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper which by statute, court rule or order is required to be served, shall be served upon each of the parties affected thereby, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service summons in this code.
2. Whenever under this code service is required or permitted to be made upon a party represented by an attorney of record the service shall be made upon the attorney unless service upon the party himself is ordered by the court. The service may be made
(1) Upon the attorney or a party, by delivering a copy to him;
(2) Upon the attorney, by leaving a copy at his office with his clerk or with an attorney employed by or associated with the attorney to be served;
(3) Upon a party, by leaving a copy at his usual place of abode with some person of his family over the age of fifteen years.
3. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any crossclaim, counterclaim or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
4. All papers after the petition required to be served upon a party shall be filed with the court either before service or within five days thereafter.
5. The filing of pleadings and other papers with the court as required by this code shall be made by filing them with the clerk of the court except that a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
­­--------
(L. 1943 p. 353 § 5)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.110 - How suits may be instituted in courts of record.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1989
506.110. How suits may be instituted in courts of record. —
1. Suits may be instituted in courts of record, except when the statute law of this state otherwise provides, either:
(1) By filing in the office of the clerk of the court a petition setting forth the plaintiff's cause or causes of action, and the remedy sought, and by the voluntary appearance of the adverse party thereto; or
(2) By filing such petition in such office, and suing out thereon a writ of summons against the person or of attachment against the property of the defendant.
2. The filing of a petition in a court of record, or a statement or account before a court not of record, and suing out of process therein, shall be taken and deemed the commencement of a suit.
­­--------
(RSMo 1939 § 876, A.L. 1943 p. 353 § 23, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 724; 1919 § 1182; 1909 § 1756
(1996) Subsection 2 of this section is overruled by supreme court rule 53.01. Keys v. Nigro, 913 S.W.2d 947 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.120 - Issuance and serving of summons or other process.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.120. Issuance and serving of summons or other process. —
Upon the filing of the petition, the clerk shall forthwith issue the required summons or other process, and except as otherwise provided herein deliver it for service to the sheriff or to a person specially appointed to serve it. Upon request of the plaintiff, separate or additional summons shall issue against any defendants, including alias and pluries summons.
­­--------
(L. 1943 p. 353 § 24)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.130 - Summons shall be signed by clerk — contents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.130. Summons shall be signed by clerk — contents. —
The summons shall be signed by the clerk and dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which the place where the defendant is required to appear and defend as provided by law, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the petition.
­­--------
(L. 1943 p. 353 § 25)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.140 - Who shall serve process — fees paid to special process server may be taxed as costs in a claim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 01 Jul 1997, see footnote
506.140. Who shall serve process — fees paid to special process server may be taxed as costs in a claim. —
1. Service of process, except as otherwise provided, shall be made by a sheriff, or such sheriff's deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the county in which such process is to be served; or some person, other than a sheriff or coroner, may be specially appointed by the court or the circuit clerk following procedures established by local court rules for service of process in any cause, but such appointment shall be valid for service of the process only for which such person was specially appointed.
2. A party may file an application to the court requesting that any fees paid to a special process server be awarded in any judgment entered in the action. The court may enter judgment in the reasonable amount of such fees.
­­--------
(L. 1943 p. 353 § 26, A.L. 1992 S.B. 818, A.L. 1996 S.B. 869)
Effective 7-01-97
CROSS REFERENCE:
Coroner to execute process, when, 58.190, 58.200
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.145 - Process server authorized to carry concealed firearm.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 01 Jan 1979, see footnote
506.145. Process server authorized to carry concealed firearm. —
Any person authorized to issue or serve process is authorized to carry a concealed firearm, the provisions of any other law to the contrary notwithstanding.
­­--------
(L. 1977 S.B. 60 § 578.010)
Effective 1-01-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.170 - Where process may be served.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.170. Where process may be served. —
All process may be served anywhere within the territorial limits of the state and may be forwarded to the sheriff of any county for the purpose of service.
­­--------
(L. 1943 p. 353 § 29)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.180 - Proof of service.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1943
506.180. Proof of service. —
1. Every officer to whom any writ of process shall be directed and delivered for service shall make return thereof in writing of the time, place and manner of service of such writ, and shall sign his name to such return.
2. If service of such process is, by order of the court, directed to and delivered to a person, other than an officer, for service, such person shall make affidavit as to the time, place and manner of his service thereof.
3. Service by mail shall be proved by a certificate of the clerk that he has mailed a copy of the summons and of the petition as required by law and the order of the court and by the return registered mail receipt mentioned in subsection 2 of section 506.160, which shall be filed as a paper in the particular lawsuit.
4. Service by publication shall be proved by an affidavit showing the dates upon which and the newspaper in which the notice of publication was published. A copy of the notice shall be attached to the affidavit which shall be filed in the cause. The clerk's certificate that he has mailed a copy of the notice to each defendant whose address was stated in the motion for order of publication and the date of the mailing shall likewise be filed.
5. No person shall be arrested, held to bail, or imprisoned, on any mesne process or execution founded upon any civil action whatsoever.
­­--------
(RSMo 1939 §§ 884, 909, 14969, A.L. 1943 p. 353 § 30)
Prior revisions: 1929 §§ 732, 757, 13776; 1919 §§ 1189, 1213, 10404; 1909 §§ 1763, 1787, 590
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.190 - Court may allow process, return or proof of service to be amended, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1943
506.190. Court may allow process, return or proof of service to be amended, when. —
At any time in its discretion and upon such terms as it deems just, the court may allow any process, return, or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
­­--------
(L. 1943 p. 353 § 31)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.200 - Definitions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.200. Definitions. —
1. The term
"person"
, as used in section 506.210, shall mean:
(1) The owner of the motor vehicle or trailer, whether it is being used and operated personally by said owner or by his agent;
(2) An agent using and operating the motor vehicle or trailer for his principal;
(3) Any person who is in charge of the motor vehicle or trailer and of the use and operation thereof with the express or implied consent of the owner.
2. The term
"restricted, registered mail"
means mail which carries on the face thereof in a conspicuous place, where it will not be obliterated, the endorsement, "deliver to addressee only", and which also requires a return receipt or a statement by the postal authorities that the addressee refused to receive and receipt for such mail.
­­--------
(L. 1941 p. 435 §§ 3, 7)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.210 - Use of highways by nonresidents shall constitute an agreement.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1955
506.210. Use of highways by nonresidents shall constitute an agreement. —
The use and operation of a motor vehicle or trailer in this state on the public highways thereof by a person who is a nonresident of this state shall be deemed:
(1) An agreement by him that he, his executor, administrator or other legal representative shall be subject to the jurisdiction of the courts of this state in all civil actions and proceedings brought against him, his executor, administrator or other legal representative by either a resident or a nonresident plaintiff, for damages to person or property, including actions for death, growing or arising out of such use and operation; and
(2) An appointment by such nonresident, his executor, administrator or other legal representative of the secretary of state of Missouri as his lawful attorney and agent upon whom may be served all process in suits pertaining to such actions and proceedings;
(3) An agreement by such nonresident that any process in any suit so served shall be of the same legal force and validity as if personally served in this state.
­­--------
(L. 1941 p. 435 § 1, A.L. 1955 p. 310)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.220 - Provisions apply to former residents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.220. Provisions apply to former residents. —
All provisions of sections 506.200 to 506.320 shall extend to and apply to any such person or persons, who, at the time that such right or cause of action arose, was or were residents of this state, but who have subsequently thereto become nonresidents of this state.
­­--------
(L. 1941 p. 435 § 2)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.230 - Form of process.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.230. Form of process. —
All process in suits under sections 506.200 to 506.320 shall be in form and substance the same as now provided for in suits against residents of this state.
­­--------
(L. 1941 p. 435 § 4)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.240 - Service of process.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1978
506.240. Service of process. —
1. Service of process under sections 506.200 to 506.320 shall be made by delivering a copy of the summons, with a copy of the petition attached, to the secretary of state of Missouri at his office, or in his absence, to the chief clerk of the secretary of state, at his office, and such service shall be sufficient service upon such nonresident.
2. The secretary of state shall immediately mail to the defendant, and to each of them if there be more than one, by restricted, registered mail, addressed to the defendant at his last known address, residence or place of abode a notice of such service and a copy of such process and petition.
­­--------
(L. 1941 p. 435 § 5, A. 1949 H.B. 2116, A.L. 1978 S.B. 755)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.250 - Form of notification.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1949
506.250. Form of notification. —
The notification provided for in section 506.240 shall be substantially in the following form, to wit:
To (here insert the name of each defendant and his residence, the last known place of abode as definitely as known), you will take notice that original process in suit against you, a copy of which is hereto attached, was duly served upon you at Jefferson City, Cole county, Missouri, by serving same on the secretary of state of the state of Missouri, or his chief clerk. Dated at ______, Missouri, this ______ day of ______, 20______.
__________________
(Secretary of state)
­­--------
(L. 1941 p. 435 § 6, A. 1949 H.B. 2116)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.260 - Notification other than by mail.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.260. Notification other than by mail. —
In lieu of mailing such notification to the defendant in a foreign state, plaintiff may cause said notification to be personally served in the foreign state on the defendant by an adult person not a party to the suit by delivering said notification to the defendant or by offering to make such delivery in case defendant refuses to accept same, or by having said notification served on defendant by an officer duly qualified to serve legal process in the state or jurisdiction where the defendant is found and the officer's return showing such service to have been made filed in the case on or before the return day of the process, or within such further time as the court may allow. Upon such service a general judgment may be taken against defendant or defendants.
­­--------
(L. 1941 p. 435 § 8)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.270 - Proof of mailing or delivery of notice.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.270. Proof of mailing or delivery of notice. —
Proof of the mailing or personal delivery of said notification to such nonresident by an adult person not an officer serving same shall be made by affidavit of the party doing said acts. All affidavits of service shall be endorsed upon or attached to the original papers to which they relate and including the returned registry receipt shall be forthwith filed with the court in which such action is filed and pending.
­­--------
(L. 1941 p. 435 § 9)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.280 - Provisions cumulative.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.280. Provisions cumulative. —
The foregoing provisions relative to service of process in suits against nonresidents shall not be deemed to prevent actual personal service in this state upon a nonresident in the time, manner, form, or under the conditions provided for service on residents, and nothing contained in sections 506.200 to 506.320 shall be construed as in any manner limiting, affecting or repealing any cause of action, right, or method of procedure now provided by law, but the provisions of said sections are cumulative and in addition to any such existing right, remedy, cause of action, and method of procedure.
­­--------
(L. 1941 p. 435 § 10)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.290 - Venue for actions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 2004
506.290. Venue for actions. —
1. Any suit under the provisions of sections 506.200 to 506.320
*
shall be filed in the county in which the cause of action accrues or in the county where the plaintiff resides, and if there be other defendants in such action who are residents of the state of Missouri, then such action shall be brought in any county in which any one of said defendants resides, or in the county within which the plaintiff resides and the defendant may be found.
2. Any civil suit under the provisions of section 570.223 for a person charged with identity theft may be filed:
(1) In the county in which the offense is committed;
(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred;
(3) In the county in which the defendant resides;
(4) In the county in which the victim resides; or
(5) In the county in which the property obtained or attempted to be obtained was located.
­­--------
(L. 1941 p. 435 § 11, A.L. 1949 p. 328, A.L. 2004 H.B. 959)
*Section 506.320 was repealed by S.B. 869 in 1996.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.300 - Continuance to be granted, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.300. Continuance to be granted, when. —
The court in which such action is pending shall grant such continuance to a nonresident defendant as may be proper to afford him reasonable opportunity to defend such action.
­­--------
(L. 1941 p. 435 § 12)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.310 - Secretary of state shall keep records.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1941
506.310. Secretary of state shall keep records. —
It shall be the duty of the secretary of state to keep a record of all process served upon him, or his chief clerk, under the provisions of sections 506.200 to 506.320, which record will show the day and hour of service of every such process.
­­--------
(L. 1941 p. 435 § 13)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.330 - Actions against nonresidents for injuries caused by watercraft — venue.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1951
506.330. Actions against nonresidents for injuries caused by watercraft — venue. —
In an action in any court of this state, arising out of injury to person or property caused by any watercraft while operating in the waters of this state, including the Missouri portion of boundary rivers, or moored in such waters or against shoreland in this state, when the owner or operator is a nonresident of this state or a corporation not incorporated under the laws of this state, service of the original notice may be made upon such nonresident owner or operator or upon such foreign corporation in the manner provided in section 506.340. The venue of such an action shall be the county in which the damage occurred and the presence of such watercraft and the doing of said damage within the territory comprising the state of Missouri, together with the subsequent removal of said watercraft from the jurisdiction of the state of Missouri, shall constitute a waiver by the owner or operator thereof of any objection to the venue of such an action commenced in a proper court of this state.
­­--------
(L. 1951 p. 363 § 1)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.340 - Service, how made.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1978
506.340. Service, how made. —
Service shall be made by mailing a copy of the original summons to the secretary of state, and such service shall be sufficient; provided that a copy of the service shall be forthwith sent by registered mail to the defendant and the defendant's return receipt and an affidavit of plaintiff or his attorney as to compliance herewith are filed in this action.
­­--------
(L. 1951 p. 363 § 2, A.L. 1978 S.B. 755)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.350 - Person in charge of watercraft to report injuries — penalty.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
Effective - 28 Aug 1951
506.350. Person in charge of watercraft to report injuries — penalty. —
The person in charge of such watercraft shall report within twenty-four hours to the sheriff of the county wherein the injury occurred the names and addresses of the owners and operators of the watercraft, and the names and addresses of all other persons on board the same at the time of the injury, together with a brief statement as to how the accident occurred. Failure to make the report required by this section will subject the owner of the watercraft to a fine of not less than twenty-five dollars and not more than five hundred dollars.
­­--------
(L. 1951 p. 363 § 3)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.360 - Prisoner litigation reform act.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.360. Prisoner litigation reform act. —
Sections 506.360 to 506.390 shall be known and may be cited as the "Prisoner Litigation Reform Act".
­­--------
(L. 1997 S.B. 56 § 1)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.363 - Definitions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1999
506.363. Definitions. —
For the purposes of sections 506.360 to 506.390,
"offender"
and
"correctional center"
shall have the same meaning as defined in section 217.010; and the terms
"court costs"
and
"fees"
shall have the same meaning as defined in section 488.010.
­­--------
(L. 1997 S.B. 56 § 2, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.366 - Procedure for nonprepayment of fees.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.366. Procedure for nonprepayment of fees. —
An offender seeking to bring a civil action or to appeal a judgment in a civil action without the prepayment of fees or security due to indigency shall submit a request to the court to proceed without the prepayment of fees. The request shall include a certified copy of the offender's correctional center account statement, which shall be provided by the department of corrections for the six-month period immediately preceding the filing of the petition or notice of appeal.
­­--------
(L. 1997 S.B. 56 § 3)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.369 - Partial payment of court costs, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1999
506.369. Partial payment of court costs, when. —
1. If the court receiving a motion pursuant to section 506.366 determines that an offender is unable to pay the full amount of court costs due with respect to a case, the court shall assess a partial payment of the twenty percent of the greater of the following:
(1) The average monthly deposits to the offender's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee; or
(2) The average monthly balance in the offender's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee.
2. If a trial court has entered an order pursuant to subsection 1 of this section upon the filing of plaintiff's petition, the determination of the court shall apply to the case until final judgment is entered by either the trial or an appellate court.
­­--------
(L. 1997 S.B. 56 § 4, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.372 - Monthly payments.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1999
506.372. Monthly payments. —
If the court has entered an order for payment of fees in installments pursuant to section 506.369, the offender shall make monthly payments to the department of corrections of twenty percent of the preceding month's income credited to the offender's account until the fees are paid in full. The department of corrections shall forward payments from the offender's account to the department of revenue for deposit to the general revenue fund until the fees are paid in full. The department of corrections shall establish written guidelines for the priority of payment consistent with state and federal law.
­­--------
(L. 1997 S.B. 56 § 5, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.375 - Dismissal of action, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1999
506.375. Dismissal of action, when. —
Notwithstanding any court costs which have been paid, the court shall dismiss an offender's civil action or appeal from a judgment in a civil action at any time, including before service on the defendant, if the court determines any of the following:
(1) The allegation of indigency is untrue;
(2) The litigation is frivolous, malicious or fails to state a claim upon which relief may be granted; or
(3) The defendant is immune from the cause of action.
­­--------
(L. 1997 S.B. 56 § 6, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.378 - Payment of costs in judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.378. Payment of costs in judgment. —
If a judgment against an offender includes the payment of costs, the offender shall pay the full amount of costs ordered in the same manner as provided in section 506.372 or as otherwise authorized by law.
­­--------
(L. 1997 S.B. 56 § 7)
(2004) Prisoner litigation reform act does not authorize a motion court to order indigent offenders to pay costs in Rule 29.15 proceedings. Roberson v. State, 140 S.W.3d 634 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.381 - Court to review complaint.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.381. Court to review complaint. —
1. The court shall review, before docketing, if feasible, or as soon as practicable after docketing, a complaint in a civil action in which an offender seeks redress from a governmental entity, officer or employee and shall identify cognizable claims or dismiss the complaint or any portion of the complaint, if the complaint:
(1) Is frivolous, malicious or fails to state a claim upon which relief may be granted; or
(2) Seeks monetary relief from a defendant who is immune from such relief.
2. If a civil action or appeal of a civil judgment is dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, the court may order attorneys' fees and court costs to the defendant, and payment shall be made pursuant to section 506.372.
­­--------
(L. 1997 S.B. 56 § 8)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.384 - Exhaustion of administrative remedies required — dismissal — limitations on remedies.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.384. Exhaustion of administrative remedies required — dismissal — limitations on remedies. —
1. No civil action may be brought by an offender, except for a constitutional deprivation, until all administrative remedies are exhausted.
2. If a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
3. A civil action pursued by an offender in a court of this state alleging in whole or in part a violation of federal law shall be subject to all limitations on remedies established by federal law.
­­--------
(L. 1997 S.B. 56 § 9)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.387 - Damages to be paid, how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1997
506.387. Damages to be paid, how. —
Monetary damages awarded to an offender in connection with a civil action filed by an offender or paid in settlement of such a civil action which are payable from funds appropriated by the general assembly or by a political subdivision, or from an insurance policy purchased by the state or political subdivision upon the payment of the offender's attorney fees, if any, shall first be paid directly to satisfy any obligation to pay for the costs of incarceration, and to satisfy any outstanding court orders requiring the offender to pay victim compensation, restitution, costs, bail, judgments, fines or other court-imposed fees in connection with a criminal prosecution or sentence. The full amount owed shall be deducted and paid directly to the correctional facility or entity owed. Notice to the offender shall be satisfied by certified mail or personal notice.
­­--------
(L. 1997 S.B. 56 § 10)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.390 - Notification of crime victims pending payment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1999
506.390. Notification of crime victims pending payment. —
Before payment of any compensatory damages awarded to an offender in connection with a civil action brought against any correctional facility or against any official or agent of such correctional facility, the attorney general shall make reasonable efforts to notify the victims of the crime for which the offender was convicted and incarcerated concerning the pending payment of any such compensatory damages.
­­--------
(L. 1997 S.B. 56 § 11, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 506 - Commencement of Actions and General Provisions › Section 506.510 - Service, how made — affidavit.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 506
• Effective - 28 Aug 1967
506.510. Service, how made — affidavit. —
1. Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in section 506.500, may be made by personally serving the process upon the defendant outside this state, or upon a corporation by serving the process upon a managing officer or any person or corporation who shall be designated as a registered agent by such corporation in any of the several states, and shall have the same force and effect as though the process had been served within this state.
2. The process, together with a copy of the petition, and necessary fees shall be sent to a court of record or court officer at the place where the defendant may be served with process, and may be personally served upon the defendant by the person authorized to serve process at that place.
3. An affidavit of the person serving the process shall be returned to the office of the clerk or judge from which it issued. The affidavit shall state the time, manner and place of service of the process and of the copy of the petition. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made.
­­--------
(L. 1967 p. 660 § 2)