Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

511.010. Term "real estate" construed. — The term "real estate", as used in this chapter, shall be construed to include all estate and interest in lands, tenements and hereditaments liable to be sold upon execution. ­­-------- (RSMo 1939 § 1305) Prior revisions: 1929 § 1141; 1919…

511.020. Judgment defined. — A "judgment" is the final determination of the right of the parties in the action. ­­-------- (RSMo 1939 § 1236) Prior revisions: 1929 § 1070; 1919 § 1521; 1909 § 2090 (1977) Held, failure of judgment entered to mention two of fourteen defendants resu…

511.030. Judgment, against whom rendered, effect of — court's powers as to minor or disabled person. — 1. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may determine the ultimate rights of the …

511.040. Judgment on a counterclaim or cross-claim when court orders separate trials. — If the court orders separate trials as provided in section 510.180, judgment on a counterclaim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or ot…

511.050. Judgment of non pros., when entered. — If the plaintiff shall fail to file his replication, or other pleading, within the time prescribed by law or the rules of practice of the court, and to serve the adverse party, or his attorney, with a copy thereof when the same is r…

511.060. When set aside. — The judgment may, for good cause shown, be set aside at any time within thirty days after it is entered, upon such terms as are just. ­­-------- (RSMo 1939 § 1242, A.L. 1957 p. 297) Prior revisions: 1929 § 1076; 1919 § 1527; 1909 § 2096

511.070. Confession of judgment entered, when. — A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner herein prescribed. ­­-------- (R…

511.080. Form of confession. — A statement in writing must be made, signed by the defendant, and verified by affidavit, to the following effect: (1) It must state the amount for which the judgment may be rendered, and authorize the entry of judgment thereon; (2) If it be for mone…

511.090. Defendant identified to court. — Such statement and affidavits shall be filed, and the court shall render judgment for the amount confessed, and cause the same to be entered upon the records, first being satisfied of the identity of the defendant, if present, or, if not …

511.100. Confession by attorney in fact. — A judgment by confession may also be rendered against any person for a debt owing upon a note, bond or bill of exchange, under his power of attorney therefor, acknowledged as required of deeds of land for record and filed in the court re…

511.110. Interlocutory judgment entered upon default. — If the defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is req…

511.120. When set aside. — Such judgment may, for good cause shown, be set aside at any time before the damages are assessed or final judgment rendered, upon such terms as shall be just. ­­-------- (RSMo 1939 § 1240) Prior revisions: 1929 § 1074; 1919 § 1525; 1909 § 2094

511.130. Judgment interlocutory against only part of the defendants. — When there are several defendants in a suit, and some of them appear and plead and others make default, an interlocutory judgment by default may be entered against such as make default, and the cause may proce…

511.140. Judgment by default, how proceeded on to final judgment. — Whenever an interlocutory judgment shall be rendered for the plaintiff by default nihil dicit, confession, or upon an issue of law, in any suit founded upon a written instrument, or upon a judgment of any court o…

511.150. Assessment of damages. — In all cases of interlocutory judgments not provided for in sections 511.130 and 511.140, the plaintiff may, if he demand it, have a jury to assess his damages. If no jury be demanded the court shall assess the damages, or give the other relief a…

511.160. Damages not to exceed amount claimed. — Whenever such interlocutory judgment shall be rendered for the plaintiff, the damages or other relief shall not be other or greater than that which he shall have demanded in the petition, as originally filed and served on defendant…

511.170. Petition for review, grounds. — When such interlocutory judgment shall be made and final judgment entered thereon against any defendant who shall not have been summoned as required by this chapter, or who shall not have appeared to the suit, or has been made a party as t…

511.180. Bar to petition for review. — If the plaintiff shall, at any time after such final judgment, serve the defendant, within any of the United States or the territories thereof, with notice of the suit and a copy of the judgment thereon, and such defendant shall not, within …

511.190. Judgment absolute after three years. — If such petition for review be not filed within three years after such final judgment is rendered, the same shall stand absolute, whether notice thereof be given or not. ­­-------- (RSMo 1939 § 1249) Prior revisions: 1929 § 1083; 19…

511.200. Judgment set aside — contents of petition. — No such judgment shall be set aside unless the petition for review shall state the existence of the facts set forth in section 511.170, and that the petition of plaintiff, upon which the judgment complained of was obtained, is…

511.210. Petition, how served. — The petition of defendant shall be served on the plaintiff in the judgment or notice given by publication to him, or, if the plaintiff be dead, then on or to his legal representatives, in like time and manner as provided for the service or giving …

511.220. If answer or motion filed, cause to proceed. — If the answer or motion is filed within the time so limited, the cause shall proceed as it would have done had the defendant appeared to the summons and filed his answer or motion to the petition; if not, the judgment shall …

511.230. Judgment for defendant to be what. — If, upon the trial of a cause, judgment shall be for the defendant, or if the judgment be for the plaintiff, but for less than the original judgment, the defendant may also have judgment with costs against the plaintiff for such damag…

511.240. Sale of property to innocent purchaser not affected by vacating judgment. — No sale or conveyance of property for the satisfaction of any judgment, regularly made, shall be affected or prejudiced by the setting aside any judgment on the appearance of a defendant, as here…

511.250. Motion to set aside judgment must be filed within three years. — Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered. ­­-------- (RSMo 1939 §…

511.260. Imperfections for which judgment will not be reversed or affected. — When a verdict shall have been rendered in any cause, the judgment thereon shall not be stayed, nor shall such judgment, nor any judgment after trial or submission, nor any judgment upon confession nihi…

511.270. Imperfections cured by amendment. — The omissions, imperfections, defects and variances in section 511.260 enumerated, and all others of a like nature, not being against the right and justice of the matter of the suit, and not altering the issues between the parties on t…

511.280. Specific performance of judgment. — In all cases where judgment is given for the conveyance of real estate or the delivery of personal property, the court may, by such judgment, pass the title of such property, without any act to be done on the part of the defendant. ­­-…

511.290. Issuance of writs of possession by court. — The court may issue a writ of possession, if necessary, to the sheriff of the proper county, to put the party entitled into possession of such real or personal property, or may proceed by attachment or sequestration. ­­--------…

511.300. Effect of judgment for conveyance. — When an unconditional judgment shall be made for a conveyance, release or acquittance, and the party required to execute the same shall not comply therewith, such judgment shall be considered and taken to have the same operation and e…

511.310. Damages in lieu of performance of judgment. — When complete justice cannot otherwise be done, the court may, on the petition of the party entitled to the benefit of a final judgment, cause an inquiry to be made by a jury of the amount of damages which ought to be paid in…

511.320. Copy of judgment decreeing conveyance recorded — effect of failure to record. — 1. In all cases where any court of record shall render final judgment, adjudging or decreeing a conveyance of real estate, or that any real estate pass, or shall render any final judgment qui…

511.330. Exceptions to section 511.320. — Nothing contained in section 511.320 shall be so construed as to require a party to record a judgment or decree when a conveyance has been executed in pursuance thereof, and acknowledged or proved and deposited for record in the proper of…

511.340. Performance of judgment, enforcement. — When a judgment requires the performance of any other act than the payment of money, a certified copy of the judgment may be served upon the party against whom it is given, and his obedience thereto required. If he neglect or refus…

511.350. Liens on real estate established by judgment or decrees in courts of record, exception — associate circuit court, procedure required — no administrative amendments. — 1. Judgments and decrees entered by the supreme court, by any United States district or circuit court he…

511.360. Commencement, extent and duration of lien — applicability of duration of lien. — The lien of a judgment or decree shall extend as well to the real estate acquired after the rendition thereof, as to that which was owned when the judgment or decree was rendered. Such liens…

511.370. Scire facias to revive, may issue, when. — The plaintiff or his legal representative may, at any time within ten years, sue out a scire facias to revive a judgment and lien; but after the expiration of ten years from the rendition of the judgment, no scire facias shall i…

511.380. Revival to take effect from rendition. — If a scire facias be issued after the expiration of the lien, and a judgment of revival is afterward rendered, such revival shall only take effect from the rendition thereof, and shall not prevail over intermediate encumbrances. ­…

511.390. Scire facias before lien expires, effect of. — If a scire facias is issued to revive a judgment and lien before the expiration of the lien, and a judgment of revival is afterward rendered, although it may be after the expiration of the lien, yet the said lien shall preva…

511.400. Scire facias, how served and when triable. — The scire facias shall be served on the defendant or his legal representatives, terre tenants or other persons occupying the land, and be directed to and executed in any county in this state. All such cases shall be tried at t…

511.410. Publication ordered, when. — If the defendant cannot be found, the court may make an order setting forth briefly the nature of the case, and requiring all persons interested to show cause, at the next term of such court, why such judgment or decree should not be revived …

511.420. Publication of order. — The order shall be published in some newspaper printed in this state for three weeks, the last insertion to be two weeks before the commencement of the term at which the parties are required to appear. ­­-------- (RSMo 1939 § 1276) Prior revisions…

511.430. Judgment of revival, when. — If upon the service of the scire facias or publication as aforesaid, the defendant, or any of his creditors, do not appear and show cause against reviving the judgment or decree, the same shall be revived, and the lien continued for another p…

511.440. Transcript of judgment a lien in another county, when — procedure. — 1. Judgments and decrees obtained in the supreme court or any district of the court of appeals or any United States court or any court of record in this state shall, upon the filing of a transcript ther…

511.450. Judgment docketed and recorded, when. — As soon as such transcript shall be filed in the office of the clerk of the circuit court of any county, the clerk thereof shall forthwith enter the judgment or decree in the judgment docket of said court, in the same manner as is …

511.470. Such liens to have the force of other judgment liens. — The lien created by sections 511.440 to 511.480 shall exist to the same extent and for the same time only as the lien of the judgment or decree in the county where the same was rendered; and a transcript of a judgme…

511.480. Execution and revival sued out where judgment was rendered — except magistrate judgments. — 1. Sections 511.460 to 511.480 shall be deemed to authorize the court where such transcript shall be filed to issue executions on such judgment or decree and to exercise all power…

511.490. Clerk — failure to perform duty — penalty. — Any clerk of a court who shall refuse or neglect, after tender of his fees for the same, to file and record such transcript and docket such judgment or decree, as in sections 511.440 to 511.480 directed, shall be liable on his…

511.500. Abstract of judgment filed with circuit clerk to establish lien on real property — priority of liens (counties and City of St. Louis). — No judgment hereafter rendered by any court shall be a lien on real estate situate in such counties or city not within a county, until…

511.510. Duty of clerk to furnish and enter abstracts — satisfaction of judgments — liability of clerk. — It shall be the duty of the clerks of any division of the circuit court to, within five days after the rendition of any final judgment in their respective division, enter an …