Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

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 …

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 …

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 rule…

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

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 § 1…

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 …

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 …

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 pro…

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…

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 o…

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…

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…

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…

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…

506.150. Summons and petition, how served — service by mail, authorized when — notice by mail and acknowledgment form. — 1. The summons and petition shall be served together. Service shall be made as follows: (1) Upon an individual, including an infant or disabled or incapacitate…

506.160. Service by mail or publication. — 1. Service by mail or by publication shall be allowed in all cases affecting a fund, will, trust estate, specific property, or any interest therein, or any res or status within the jurisdiction of the court, or in any special proceedings…

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)

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 …

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 prej…

*506.192. Service on nonresidents, generally. — Service of process outside the state and return thereof shall be made in accordance with supreme court rule 54.20.(b). ­­-------- (L. 1988 H.B. 1660) *Interested persons should note the following was part of H.B. 1660 passed by the …

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 h…

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…

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 theret…

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)

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 secret…

506.250. Form of notification. — The notification provided for in section 506.240 shall be substantially in the following form, to wit: ­ ­ ­­-------- (L. 1941 p. 435 § 6, A. 1949 H.B. 2116)

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 …

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 endorse…

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 …

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 …

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)

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 s…

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…

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 retur…

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, an…

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)

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…

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 req…

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 o…

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 a…

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 fo…

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) …

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 cognizabl…

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, m…

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…

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 gen…

506.500. Actions in which outstate service is authorized — jurisdiction of Missouri courts applicable, when. — 1. Any person or firm, whether or not a citizen or resident of this state, or any corporation, who in person or through an agent does any of the acts enumerated in this …

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 corporati…

506.520. Personal judgment authorized — default judgment, when. — 1. When jurisdiction over a person, firm, or corporation who is outside this state is acquired in accordance with the provisions of sections 506.500 and 506.510, the court shall have the power to render a personal …