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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 515 Referees and Receivers
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All or any of the issues of fact in the action may be referred
upon the written consent of the parties. (RSMo 1939 § 1141)
Prior revisions: 1929 § 975; 1919 § 1425; 1909 § 1995
Where the parties do not so consent, the court may, upon the
application of either, or of its own motion, direct a reference in the
following cases:
(1) Where the trial of an issue of fact shall require the examination of
a long account on either side, in which case the referees may be directed
to hear and decide the whole issue, or to report upon any specific
question of fact involved therein; or
(2) Where the taking of an account shall be necessary for the information
of the court, before judgment, or for carrying a judgment or order into
effect; or
(3) Where a question of fact other than upon the pleadings shall arise
upon motion or otherwise, in any stage of the action. (RSMo 1939 § 1142)
Prior revisions: 1929 § 976; 1919 § 1426; 1909 § 1996
CROSS REFERENCES: Examination of judgment debtor, referee may conduct,
RSMo 513.390 Insurance company, proceedings to wind up, referee appointed
to hear, when, RSMo 375.610 Mechanic's and materialman's lien action,
referee appointed, when, RSMo 429.320
(1956) The power of a court of equity to refer issues to a referee is
expressly limited to situations provided for in chapter 515, RSMo,
notwithstanding the rule at common law. Durwood v. Dubinsky (Mo.), 291
S.W.2d 909.
In all cases of reference, the parties, except when an infant
may be a party, may agree upon a suitable person or persons, not
exceeding three; and, upon filing such agreement, the reference shall be
ordered accordingly. If the parties do not agree, the court shall appoint
one or more referees, not exceeding three, who shall be free from all
exception. (RSMo 1939 § 1143)
Prior revisions: 1929 § 977; 1919 § 1427; 1909 § 1997
No person shall be appointed referee who is of kin to either
party, or is interested in the event of the action. (RSMo 1939 § 1145)
Prior revisions: 1929 § 979; 1919 § 1429; 1909 § 1999
Before proceeding to hear any testimony in the cause, they shall
take and subscribe an oath before some officer duly authorized to
administer an oath, faithfully and fairly to hear and examine the cause,
and to make a just, impartial and true report, according to the best of
their understanding, which oath shall be filed and returned with the
award. (RSMo 1939 § 1147)
Prior revisions: 1929 § 981; 1919 § 1431; 1909 § 2001
The referee or referees appointed in pursuance of any order of
reference shall proceed with diligence to hear and determine the matter
in controversy. (RSMo 1939 § 1144)
Prior revisions: 1929 § 978; 1919 § 1428; 1909 § 1998
In case of the death or removal from the state of a referee,
another shall, if necessary and proper, be appointed to fill the vacancy.
(RSMo 1939 § 1146)
Prior revisions: 1929 § 980; 1919 § 1430; 1909 § 2000
If more than one referee be appointed, all the referees must
meet together and hear all the proofs and allegations of the parties; but
a report made and every other act done by a majority of them, shall be
valid. (RSMo 1939 § 1151)
Prior revisions: 1929 § 985; 1919 § 1435; 1909 § 2005
They shall appoint a time and place for the hearing, and give
ten days' notice thereof, in writing, to all the parties, and if either
party being notified shall fail to appear, they shall proceed ex parte,
and shall adjourn the hearing, from time to time, as may be necessary;
and for good cause they may postpone the hearing to any time, not
extending beyond the next term of the court in which the suit is pending,
or when a longer time is given by the order of the court within which to
report, not extending beyond such time. (RSMo 1939 § 1148)
Prior revisions: 1929 § 982; 1919 § 1432; 1909 § 2002
All notices required to be given by the referees or others, in
the progress of a cause, shall be served by reading the same or
delivering a copy to the person to be notified, and may be served by the
sheriff or other officer authorized to serve process, whose return shall
be evidence of the facts therein stated. (RSMo 1939 § 1160)
Prior revisions: 1929 § 994; 1919 § 1445; 1909 § 2014
They shall have the same power that may be given by law to
associate circuit judges, to issue subpoenas for witnesses, and to compel
their attendance by attachment, to administer oaths, and punish contempts
committed in their presence during the hearing of the cause, and commit
to the jail of the county such witnesses as refuse to testify. (RSMo 1939
§ 1149)
Prior revisions: 1929 § 983; 1919 § 1433; 1909 § 2003
Such notices and all subpoenas for witnesses in any cause may
also be served by any person being a competent witness in the cause; and
the affidavit of such person shall be received as evidence of the facts
stated relating to the service. (RSMo 1939 § 1161)
Prior revisions: 1929 § 995; 1919 § 1446; 1909 § 2015
They shall have power, as courts of record have, to examine the
parties on oath, to be administered by the referees, or either of them,
and to require the production of all books, papers and documents in the
custody or under the control of either party. (RSMo 1939 § 1153)
Prior revisions: 1929 § 987; 1919 § 1437; 1909 § 2007
If any party shall neglect or refuse to account, pursuant to
proper notice, or to produce any books, papers or documents required by
the referees, the referees may proceed against the party for his
disobedience and imprison him until he submits to account or produce such
books, papers and documents, or the referees may receive a statement of
the account from the adverse party, and the witnesses that he may produce
on oath in relation thereto, and report such sum to be due as they on
such examination find due. (RSMo 1939 § 1154)
Prior revisions: 1929 § 988; 1919 § 1438; 1909 § 2008
If either party shall refuse to be sworn, or when sworn shall
refuse to answer any proper question, the referees may imprison him until
he consents to be sworn or to answer such question. (RSMo 1939 § 1155)
Prior revisions: 1929 § 989; 1919 § 1439; 1909 § 2009
Depositions of witnesses or parties regularly taken in the cause
may be read in evidence before the referees, as in cases of trials before
the court. (RSMo 1939 § 1150)
Prior revisions: 1929 § 984; 1919 § 1434; 1909 § 2004
All testimony taken before referees shall be reduced to writing,
and if either party shall except to the competency of a witness or the
admission or exclusion of evidence, or any other matter to which
exceptions may be taken, the referees, if required, shall state the
particulars of the exceptions in their report. (RSMo 1939 § 1156)
Prior revisions: 1929 § 990; 1919 § 1440; 1909 § 2010
The referees may be compelled, by the order of the court in
which the cause is pending, to proceed to the hearing and make a report.
And the court may require them to report their decision, in admitting or
rejecting any witness, or the depositions of any witness or other
testimony, in allowing or overruling any question to any witness, or
answer thereto; and all proceedings by them, together with the testimony
before them, and their reasons for allowing or disallowing any claim of
either party. (RSMo 1939 § 1152)
Prior revisions: 1929 § 986; 1919 § 1436; 1909 § 2006
The referees shall, in all cases, report as speedily as
possible, reciting the order of the court, and showing the notice to the
parties, the time and place of stating the account or taking the
testimony, and all other proceedings had, and return the same, together
with the testimony taken, to the court. (RSMo 1939 § 1157)
Prior revisions: 1929 § 991; 1919 § 1441; 1909 § 2011
All exceptions to the report of the referees shall be in
writing, and filed within four days, in term, after the report is filed,
and shall be argued without delay. (RSMo 1939 § 1158)
Prior revisions: 1929 § 992; 1919 § 1442; 1909 § 2012
If exceptions are sustained the matter may again be referred,
with instructions, if necessary, but if the report is confirmed by the
court, judgment shall be rendered thereon in the same manner and with
like effect as upon a special verdict. (RSMo 1939 § 1159)
Prior revisions: 1929 § 993; 1919 § 1443; 1909 § 2013
Referees, in the absence of any special agreement, shall receive
such compensation for their services as the court in which the case is
pending may allow, not exceeding ten dollars per day. (RSMo 1939 § 1162)
Prior revisions: 1929 § 996; 1919 § 1447; 1909 § 2016
Witnesses shall receive the same fees for attending before
arbitrators and referees that they may be allowed them for attending
before the circuit court in civil cases; and sheriffs and all other
officers shall be entitled to the same fees for service performed in
relation to arbitrations and references, that may be allowed them in
their respective courts for similar services. (RSMo 1939 § 1163)
Prior revisions: 1929 § 997; 1919 § 1448; 1909 § 2017
The court, or any judge thereof in vacation, shall have power to
appoint a receiver, whenever such appointment shall be deemed necessary,
whose duty it shall be to keep and preserve any money or other thing
deposited in court, or that may be subject of a tender, and to keep and
preserve all property and protect any business or business interest
entrusted to him pending any legal or equitable proceeding concerning the
same, subject to the order of the court. (RSMo 1939 § 1164)
Prior revisions: 1929 § 998; 1919 § 1449; 1909 § 2018
CROSS REFERENCES: Organization of insurance company, receiver appointed
pending action to enjoin, RSMo 375.176 Preferred claims against assets in
hands of receiver, RSMo 430.330 to 430.350, 513.055 to 513.065 Receiver
appointed to take possession of land pending litigation, to prevent
waste, RSMo 537.500 Receiver for municipal undertaking under National
Defense Cooperation Act, when appointed, RSMo 91.730 Receiver of
corporation to comply with corporation registration laws, RSMo 351.140
Unclaimed funds in hands of receiver to escheat, RSMo 470.010 to 470.030
Such receiver shall give bond, and have the same powers and be
subject to all the provisions, as far as they may be applicable, enjoined
upon a receiver appointed by virtue of the law providing for suits by
attachment. (RSMo 1939 § 1165)
Prior revisions: 1929 § 999; 1919 § 1450; 1909 § 2019
CROSS REFERENCE: Receivers in attachment proceedings, RSMo 521.300 to
521.340
The court shall allow such receiver such compensation for his
services and expenses as may be reasonable and just, and cause the same
to be taxed as costs, and paid as other costs in the cause. (RSMo 1939 §
1166)
Prior revisions: 1929 § 1000; 1919 § 1451; 1909 § 2020
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