Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

507.010. Prosecution in name of real party in interest. — Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a …

507.020. Action on claim under foreign law. — 1. Whenever a claim exists under the law of another state, action thereon may be brought in this state by (1) The person or persons entitled to the proceeds of such claim if he or they are authorized to bring such action by the laws o…

507.030. Persons having a joint interest shall be made plaintiffs — defendants, when. — 1. Subject to the provisions of section 507.070, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. When a person who should join…

507.040. Permissive joinder of parties — separate trials. — 1. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions…

507.050. Misjoinder of parties. — 1. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped, added, or severed by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim…

507.060. Persons having claims against plaintiff or plaintiff's insured may be joined as defendants and required to interplead, when — limitation on liability, when — dismissal not required, when. — 1. Persons having claims against the plaintiff or plaintiff's insured may be join…

507.070. Class actions — representatives — secondary actions by stockholders — dismissal or compromise. — 1. If persons constituting a class are very numerous or it is impracticable to bring them all before the court, such of them, one or more, as will fairly insure adequate repr…

507.080. Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when. — 1. Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-part…

507.090. Intervention — when as of right and when permissive — procedure. — 1. Upon timely application anyone shall be permitted to intervene in an action (1) When a statute confers an unconditional right to intervene; or (2) When the representation of the applicant's interest by…

507.100. Substitution of parties upon death, mental incapacity or transfer of interest. — 1. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successor…

507.110. Suits by infants, how prosecuted. — Suits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second, by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a…

507.115. Infant defined for civil suit purposes. — As used in sections 507.110 to 507.220, the term "infant" means any person who has not attained the age of eighteen years. All persons of the age of eighteen years or older, not otherwise disqualified, may commence, prosecute, or…

507.120. Appointment of next friend, by whom. — The appointment of a next friend for an infant shall be made by the court in which the suit is intended to be brought, or by a judge or clerk thereof. ­­-------- (RSMo 1939 § 860) Prior revisions: 1929 § 709; 1919 § 1166; 1909 § 174…

507.130. How appointed. — Such appointment shall be made on the petition in writing of such infant, if of the age of fourteen years, and the written consent of the person proposed to be next friend to such infant acknowledged before, or proved to the court or officer making the a…

507.140. Appointment when minor is under fourteen years old. — If such infant be under the age of fourteen years, the appointment of a next friend may be made upon like petition of a relative or friend of the infant, in which case a notice thereof must first be given to the perso…

507.150. Bond of person acting for infant, when — effect of failure to give. — 1. Before a next friend or guardian ad litem can receive or receipt for any money or property, personal or real, and before he can acknowledge satisfaction or discharge of any judgment, he must execute…

507.160. Bond filed, where. — Such bond shall be delivered to such officer before the appointment shall be made, and shall be filed in the office of the clerk of the court in which the suit is to be brought. ­­-------- (RSMo 1939 § 864) Prior revisions: 1929 § 713; 1919 § 1170; 1…

507.170. Petition and appointment filed before further proceedings. — The petition for the appointment of a next friend, the written consent of the person proposed to be next friend, and the order of appointment, shall be filed in the office of the clerk of the court where the su…

507.180. Guardian, conservator and next friend liable for costs. — The guardian, conservator, or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provi…

507.182. Next friend, conservator, or guardian may employ attorney and incur expenses. — The next friend, guardian ad litem or guardian or conservator shall have authority without an order of court to contract for and employ an attorney upon a reasonable fee, including one contin…

507.184. Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted. — 1. The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to …

507.186. Substitution of conservator for next friend or guardian ad litem — effect of contracts. — 1. At any time during the preparation or prosecution of such action or claim, before or after judgment or appeal, the minor's duly appointed conservator may be substituted for the n…

507.188. Disposition of proceeds of claim — discharge of next friend or guardian ad litem. — 1. If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount equal to or less than ten thousand…

507.190. Suits against infants not to proceed without guardian ad litem. — After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian ad litem for such infant be appointed. ­­---…

507.200. Appointment of guardian ad litem. — The appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if of the age of fourteen years or more, or, if such…

507.210. Appointment of guardian ad litem, when. — If such infant defendant neglects, for one day after the expiration of the time within which the infant defendant is summoned to appear to the suit, to procure the appointment of a guardian ad litem to defend the suit, the court …

507.220. Guardian ad litem, liable only for costs in case of misconduct. — No person appointed guardian ad litem for an infant, for the purpose of defending a suit against such infant, shall be liable for the costs of such suit, unless specially charged by the order of the court …

507.230. Who made defendants in suit against city. — 1. Whenever a city of over one hundred and fifty thousand inhabitants shall be sued in any court in this state and the cause of action on account of which said city is sued shall arise from the wrongful or unauthorized acts or …