Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

510.040. Court may order physical and mental examinations. — In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order him to submit to a physical or mental examination by a physician, chosen by the par…

510.050. Request for admission of genuineness of relevant documents. — 1. At any time after the pleadings are closed, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited w…

510.060. Motion for order compelling answer to interrogatory. — 1. Upon the refusal of a party to answer any interrogatory submitted under section 510.020, the proponent of the question may move the court, on reasonable notice to all persons affected thereby, for an order compell…

510.070. Cases shall be placed on docket, when. — As soon as possible after issue is joined in a case pending in circuit court or after ten days from the date a case reaches the trial court upon appeal, by change of venue or otherwise upon issue already joined, the clerk shall pl…

510.080. Court may continue an action to a fixed day. — For good cause shown, the court may continue an action to a fixed day, or to a date for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by t…

510.090. Application for continuance, how made. — Every application for a continuance shall, unless the adverse party consent that it be made orally in open court, be made by motion in writing, accompanied by the affidavit of the applicant, or of some other credible person, setti…

510.100. Applications for a continuance on account of absence of witnesses shall show what. — Applications for a continuance on account of the absence of witnesses or their evidence shall show (1) The facts showing the materiality of the evidence sought to be obtained and due dil…

510.110. Amendment of affidavit — overruled, when. — If the court shall be of the opinion that the affidavit is insufficient, it shall permit the same to be amended; and if after such amendment the affidavit does not contain a sufficient statement of facts as herein required, the…

510.120. Automatic stay of all administrative and court procedures for members of the general assembly, when — continuance when counsel or party is a member of general assembly. — 1. During the period beginning January first and ending June first of each year, or whenever the gen…

510.125. Grievance resolution system for offenders, civil actions stayed, when. — 1. In any civil action brought in a court of this state by an offender convicted of a crime who is confined in any state prison or correctional facility, the court shall stay such case until the off…

510.130. Voluntary dismissal — new trial. — 1. A plaintiff shall be allowed to dismiss his action without prejudice at any time before the same is finally submitted to the jury, or to the court sitting as a jury, or to the court, and not afterward. A plaintiff who has once so dis…

510.140. Defendant may move for dismissal of an action — effect of motion. — For failure of the plaintiff to prosecute or to comply with this code or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff has completed…

510.150. Effect of dismissals, with and without prejudice. — A dismissal without prejudice permits the party to bring another action for the same cause, unless the action is otherwise barred. A dismissal with prejudice operates as an adjudication upon the merits. Any voluntary di…

510.160. Provisions applying to dismissal of counterclaim, cross-claim or third-party claim. — The provisions of sections 510.130 to 510.150 and 514.180, apply to the dismissal of any counterclaim, cross-claim, or third-party claim. ­­-------- (L. 1943 p. 353 § 102)

510.170. Dismissal of plaintiff's action not to affect counterclaim or cross-claim. — No dismissal, voluntary or involuntary, of a plaintiff's action in which a counterclaim or cross-claim has been filed shall operate to dismiss or discontinue such counterclaim or cross-claim. ­­…

510.180. Consolidation of actions — separate trials of issues. — 1. Whenever several suits founded alone upon liquidated demands shall be pending in the same court by the same plaintiff, against the same defendant, or whenever several such suits are pending in the same court, by …

510.190. Right of trial by jury — waiver. — 1. The right of trial by jury as declared by the constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition, or discharge of plaintiff's original clai…

510.200. All trials upon the merits shall be conducted in open court. — All trials upon the merits shall be conducted in open court and so far as convenient in the regular courtroom. Trials may be conducted or motions heard outside the county where pending with the consent of all…

510.210. Formal exceptions unnecessary — objections. — Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is mad…

510.220. Verdict, general or special. — The verdict of a jury is either general or special. A general verdict is one by which the jury pronounces generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is one by which the jury fin…

510.230. General verdict, when rendered. — In every issue for the recovery of money only, or specific real or personal property, the jury shall render a general verdict. ­­-------- (RSMo 1939 § 1120, A.L. 1943 p. 353 § 107) Prior revisions: 1929 § 969; 1919 § 1419; 1909 § 1989

510.240. Court may direct issues to be made, when. — In all other cases, if at any time during the progress of any cause, it shall, in the opinion of the court, become necessary to determine any fact in controversy by the verdict of a jury, the court may direct an issue or issues…

510.250. Issues to be made only as directed by court. — No issue shall be made, except such as shall be directed by the court. ­­-------- (RSMo 1939 § 1122, A.L. 1943 p. 353 § 109) Prior revisions: 1929 § 971; 1919 § 1421; 1909 § 1991

510.260. Issues, how tried and disposed of. — The trial of such issues shall be by jury, and the issues shall be disposed of by a general or special verdict before a final judgment shall be made therein. ­­-------- (RSMo 1939 § 1123, A.L. 1943 p. 353 § 110) Prior revisions: 1929 …

510.261. Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and c…

510.262. Applicability of certain statute changes for cases filed after August 28, 2020. — The provisions of this act* shall apply to causes of action filed on or after August 28, 2020. ­­-------- (L. 2020 S.B. 591 § 1) * "This act" contained numerous sections. Consult Dispositio…

510.263. Bifurcated trial, when, procedure — post-trial motion for credit on punitive damages, procedure — credit not allowed, when — doctrine of remittitur and additur applied to awards — discovery. — 1. All actions tried before a jury involving punitive damages, including tort …

510.265. Limitations on punitive damages in certain cases. — 1. No award of punitive damages against any defendant shall exceed the greater of: (1) Five hundred thousand dollars; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant. ­­ ­…

510.270. Jury shall assess amount of money of recovery, when. — When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of the recovery; so, also, if they find for the defendant in case of offsets or other…

510.280. Motion for directed verdict. — The demurrer to the evidence and the request for peremptory instructions are abolished and in lieu thereof a party may make a motion for a directed verdict. A party who moves for a directed verdict at the close of the evidence offered by an…

510.290. Denial of motion for directed verdict — motion to set aside verdict, judgment — motion for new trial. — Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted the court is deemed to have submitted the act…

510.300. Instructions. — 1. At the close of all the evidence, or at such earlier time during the trial as the court may reasonably direct, any party may request that the court instruct the jury in writing on the law applicable to the issues in evidence in the case. Such instructi…

510.310. Procedure in cases tried upon facts without a jury. — 1. In cases tried upon the facts without a jury, the court shall rule upon all objections to evidence as in jury cases. Where the court is of the opinion that the evidence is not admissible, it shall not receive the e…

510.320. Trial or proceeding shall not be terminated by expiration of term. — No trial or proceeding in any civil or criminal case shall be terminated by the expiration of the term at which it was commenced, but such trial or proceeding may proceed until it is concluded in all re…

510.330. Granting of new trial. — A new trial may be granted for any of the reasons for which new trials have heretofore been granted. A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or referee. On a motion for a…

510.350. Motion for new trial when based upon affidavits. — When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has ten days after such service within which to serve opposing affidavits, which period may be extended for an…

510.360. When motion for new trial deemed denied. — If the motion for new trial is not passed on within ninety days after the motion is filed, it is deemed denied for all purposes. ­­-------- (L. 1943 p. 353 § 118)

510.370. Court may order a new trial, when. — Not later than thirty days after entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party, and every order granting a new trial shall spec…

510.380. Abolishment of motion for judgment notwithstanding the verdict and motion in arrest of judgment. — The motion for judgment notwithstanding the verdict and the motion in arrest of judgment are hereby abolished and the objections which were heretofore made on such motions …

510.390. Death or other disability of judge — power of substitute. — If by reason of his going out of office, death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under this code after a ve…