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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 517 Procedure Before Certain Associate Circuit Judges
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1. The provisions of this chapter shall apply to the practice
and procedure in civil cases originally filed before associate circuit
judges in hearing and determining the following cases or classes of cases:
(1) Except as otherwise provided by law, all civil actions and
proceedings for the recovery of money, whether such action be founded
upon contract or tort, or upon a bond or undertaking given in pursuance
of law in any civil action or proceeding, or for a penalty or forfeiture
given by any statute of this state, when the sum demanded, exclusive of
interest and costs, does not exceed twenty-five thousand dollars;
(2) All actions against any railroad company in this state, to recover
damages for killing or injuring horses, mules, cattle or other animals
within their respective counties, without regard to the value of such
animals, or the amount claimed for killing or injuring the same;
(3) All cases arising under chapter 213, 272, 302, 303, 388, 429, 430,
444, 482, 521, 533, 534, 535, or 577, RSMo;
(4) In counties of less than seventy thousand inhabitants, when a circuit
judge is absent from the county, cases that a circuit judge can hear in
chambers except where otherwise provided by law.
2. The provisions of this chapter shall not apply to the practice and
procedure before associate circuit judges in hearing and determining
cases, except as provided in subsection 1 of this section. (L. 1985 S.B.
5, et al., A.L. 1986 S.B. 741, A.L. 1988 H.B. 1660, A.L. 1989 S.B. 127,
et al., A.L. 1993 S.B. 88 merged with S.B. 180)
The rules of civil procedure shall apply to cases or classes of
cases to which this chapter is applicable, except where otherwise
provided by law. (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
1. The plaintiff shall file a written petition containing the
facts upon which the claim is founded. A copy of any written instrument
or account in support of the petition should be attached and filed. The
pleadings of the petition shall be informal unless the court in its
discretion requires formal pleadings.
2. Affirmative defenses, counterclaims and cross claims shall be filed in
writing not later than the return date and time of the summons unless
leave to file the same at a later date is granted by the court. No other
responsive pleading need be filed. If no responsive pleading is filed,
the statements made in the petition, affirmative defenses, counterclaims
or cross claims shall be considered denied except as provided in section
517.132.
3. For good cause shown, the court may extend the time for filing any
pleading. (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
1. The process in all cases shall be a summons with a copy of
the petition of the plaintiff attached, directed to the sheriff or other
proper person for service on the defendant. The summons shall command the
defendant to appear before the court on a date and time, not less than
ten days nor more than thirty days from the date of service of the
summons.
2. If process is not timely served, the plaintiff may request further
process be issued to any defendant not timely served with the case being
continued, or the plaintiff may dismiss as to any such defendant and
proceed with the case.
3. A petition filed which states a claim or claims that in the aggregate
exceeds the jurisdictional limit of the division shall be certified to
presiding judge for assignment. (L. 1985 S.B. 5, et al., A.L. 1988 H.B.
1660)
Every case shall be tried upon the return date of the summons,
when the summons has been duly and timely served, or on a date to which
the case has been continued. (L. 1985 S.B. 5, et al.)
Effective 1-1-87
Change of venue and change of judge shall be for the same
reasons and in the same manner as provided in the rules of civil
procedure except that the application shall be filed not later than five
days before the return date of the summons. If the cause is not tried on
the return date but continued and if all parties are given fifteen days'
advance notice of a trial setting before the particular judge, then any
application for change of judge or change of venue shall be made not
later than five days before the date set for trial. (L. 1985 S.B. 5, et
al., A.L. 1988 H.B. 1660)
1. A case shall be continued to a day certain upon the request
of any party made on or before the return date of the summons.
2. A case may be continued to a day certain, not exceeding thirty days,
upon:
(1) The motion of the judge without consent of any party; or
(2) The agreement of all parties; or
(3) The application of any party and for good cause shown.
3. A case may be continued generally as follows:
(1) By written agreement of all parties; or
(2) When all defendants have not been timely served with process; or
(3) If it appears to the judge that there is discovery or other trial
preparation to be done that would reasonably require more than thirty
days.
4. When a case has been continued generally, it may be rescheduled for
trial or other proceeding before the court on fifteen days' written
notice to all parties. (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
A case shall be certified for assignment by the presiding judge
of the circuit or in accordance with local rules when:
(1) A party files a petition, a counterclaim, cross claim or third-party
petition that independently exceeds the jurisdiction of cases triable
under this chapter; or
(2) Consolidation of cases appears proper, and such consolidation would
result in a claim exceeding the jurisdictional limit of the division. (L.
1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
1. In any case triable before a jury, a trial by jury shall be
deemed waived unless written demand be filed not later than five days
before the return date of summons or the date set for trial, whichever is
later. For good cause shown, the judge may grant any party's request for
jury trial.
2. A jury shall be composed of twelve qualified jurors, unless all
parties agree on a lesser number, but not less than six, in which case
the number of veniremen shall be reduced accordingly. Three-fourths or
more of any jury concurring may return a verdict. (L. 1985 S.B. 5, et al.)
Effective 1-1-87
A pleading stating a claim or any portion thereof may be
dismissed without prejudice at the costs of the claiming party when:
(1) That party requests such dismissal at any time before the trial is
commenced; or
(2) A party fails to appear when scheduled or notified. (L. 1985 S.B. 5,
et al., A.L. 1988 H.B. 1660)
1. When a case is dismissed, or judgment is by default or
consent, such judgment shall be entered forthwith by the judge.
2. When a case is tried before a judge without a jury, judgment shall be
entered by the judge within thirty days after the case is submitted for
final decision unless the parties consent to a longer period of time. (L.
1985 S.B. 5, et al.)
Effective 1-1-87
A judgment by consent may be entered when there is consent by
all parties made after the filing of the petition either in open court or
by a written consent filed with the court and signed by each party or the
attorney for such party. (L. 1985 S.B. 5, et al.)
Effective 1-1-87
A default judgment may be entered in favor of a party filing a
claim upon appearance by such party in person or by attorney upon written
oath made by such party or upon such evidence as may be determined by the
judge when the opposing party has been duly and timely served with
summons and does not appear in court on the return date or subsequent
date to which the case has been continued. (L. 1985 S.B. 5, et al., A.L.
1988 H.B. 1660)
If any suit, setoff, counterclaim or cross claim is based upon a
written instrument purporting to have been executed by the opposite
party, and the same or a verified copy is filed with the court, such
instrument shall be admitted in evidence at trial unless the opposing
party by responsive pleadings or affidavit shall deny the execution of
the instrument, prior to admission of the instrument in evidence. (L.
1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
On demand of any person interested therein, whether by
assignment or otherwise, every clerk or officer who shall be in
possession of the record of judgment shall give to such person a
certified transcript of such judgment. Upon production of any such
transcript, the clerk of the circuit court of the county in which the
judgment was rendered shall record the same in his permanent record of
circuit court judgments, and note therein the date and hour of its
filing. (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
From the time of filing the transcript, every such judgment
shall have the same lien on the real estate of the defendant in the
county as is given judgments rendered by circuit judges. The circuit
clerk shall collect fees in such amounts as are determined pursuant to
sections 488.010 to 488.020*, RSMo, for each transcript filed. The
revival of any such lien upon real estate shall be under the same
procedures as with judgments originally rendered by a circuit judge,
shall be made from the record of the transcripted judgment so filed in
the office of circuit clerk, and may be revived under proceedings before
either a circuit or an associate circuit judge. The foregoing provisions
shall not apply with respect to any judgment of a small claims court nor
shall any judgment of a small claims court be a lien upon real estate.
(L. 1985 S.B. 5, et al., A.L. 1996 S.B. 869)
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
CROSS REFERENCE: Liens on real estate established by decree of associate
circuit courts, procedure, RSMo 511.350
The provisions of sections 66.060, 478.225, 482.325, 482.365,
506.010, 512.180, 517.011 to 517.151, 521.420, 535.020, 535.040, 535.110,
535.160 and 546.595, RSMo, shall become effective January 1, 1987. Any
case filed prior to January 1, 1987, in the divisions of the circuit
court presided over by an associate circuit judge shall be governed by
the practice and procedure of causes heard by associate circuit judges as
were in effect on the date the case was filed, including the right to
trial de novo. (L. 1985 S.B. 5, et al. § C)
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