Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

512.010. Writs of error in civil cases abolished — review by appeal. — 1. Writs of error are abolished in civil cases. Review shall be by appeal, which shall constitute a continuation of the proceeding in the trial court and be deemed to present all issues which heretofore have b…

512.020. Who may appeal. — Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an appeal is not prohibited by the constitution, nor clearly limited in special statutory proceedings, may take his or her appeal to a court having appellate …

512.025. Habeas corpus proceedings for custody of minor child, who may appeal. — Any party may appeal to the court of appeals from a decision in a habeas corpus proceeding involving the custody of a minor child where there is in effect, at the time of the hearing on the writ, no …

512.030. Appeals jointly or separately. — Parties interested jointly, severally, or otherwise in a judgment may join in an appeal therefrom; or, without summons and severance any one or more of them may appeal separately or any two or more of them may join in an appeal. ­­-------…

512.040. Titles in appeals. — The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal. ­­-------- (RSMo 1939 § 1185, A.L. 1943 p. 353 § 128) Prior revisions: 1929 §…

512.050. Notice of appeal — when filed — court reporter to be paid, when. — When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appea…

512.060. Appeal by special order of court. — 1. When an appeal is permitted by law from a final judgment in the trial court, but the time prescribed for filing the ordinary notice of appeal with the clerk of the trial court as set forth in section 512.050 has expired, nevertheles…

512.070. Notice to specify what — duties of clerk on filing of appeal. — 1. The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or order appealed from; and shall name the court to which the appeal is taken. 2. Notification of the filing …

512.080. Appeals to stay execution, when — bond. — 1. Appeals shall stay the execution in the following cases: (1) When the appellant shall be a personal representative, guardian, or conservator, and the action shall be by or against him as such, or when the appellant shall be a …

512.085. Supersedeas bond requirements, tobacco settlement litigation. — 1. In order to secure and protect the moneys to be received as a result of the master settlement agreement, as defined in section 196.1000, in civil litigation as to any claim relating to tobacco products in…

512.090. Bond filed, when. — If a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, and if the action is not yet transferred to the appellate court, a bond may be filed at such time before the action is so transferred to the appe…

512.099. Bond or surety required during pendency of appeal, set how. — 1. In all cases in which there is a count alleging a tort, the amount of the required undertaking or bond or equivalent surety to be furnished during the pendency of an appeal or any discretionary appellate re…

512.100. Supersedeas bond — enforcement. — By entering into a supersedeas bond, the surety submits himself to the jurisdiction of the trial court and his liability may be enforced on motion for judgment thereon, without the necessity of an independent action. A copy of the motion…

512.110. Transcript of record — filing — contents — omissions. — 1. Within the time prescribed by sections 512.130 and 512.140, the appellant shall cause the transcript on appeal, which may be in typewritten form, to be prepared and filed with the clerk of the proper appellate co…

512.120. Agreed statement of case. — When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence, and proceedings in the court below, the parties may prepare and sign a statement of the case showing how the questions arose and…

512.130. Transcript, when filed. — The transcript on appeal shall be filed with, and the action transferred to, the appellate court within ninety days from the date of filing of the notice of appeal, except that, when more than one appeal is taken from the same judgment or order …

512.140. Extension of time by trial court. — The trial court may extend the time within which any act may be done under sections 512.110 and 512.130, in accordance with subsection 2 of section 506.060. ­­-------- (L. 1943 p. 353 § 138)

512.150. Rules for filing briefs, transcripts, and docketing cases. — 1. All briefs shall be prepared as provided by rule of the appellate court. The appellate courts shall have power to prescribe the number of copies which shall be filed; the time within which briefs shall be fi…

512.160. Questions considered on appeal — disposition by court — damages — executions. — 1. Apart from questions of jurisdiction of the trial court over the subject matter and questions as to the sufficiency of pleadings to state a claim upon which relief can be granted or a lega…

512.170. Practice of supreme court to apply to court of appeals. — The provisions of the civil code, concerning practice in civil cases, regulating the practice in the supreme court and the manner of taking appeals, shall apply to practice in the court of appeals, so far as the s…

512.180. Appeals from cases tried before associate circuit judge. — 1. Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge, other than an associate circuit judge sitting in the probate division or who has been assigned to hear…

512.190. Perfecting right of trial de novo, how. — 1. The right of trial de novo provided in subsection 1 of section 512.180 shall be perfected by filing an application for trial de novo with the clerk serving the associate circuit judge within ten days after the judgment is rend…

512.200. Form of recognizance. — Such recognizance must be signed by the parties entering into the same, and be approved by the associate circuit judge, and may be in the following form: ­ ­ ­­-------- (RSMo 1939 § 2728, A.L. 1945 p. 765 § 131, A.L. 1978 H.B. 1634) Prior revision…

512.210. Application for trial de novo — release of property taken under execution. — If an application for trial de novo is timely filed and a bond be given and approved and, in the meantime, execution shall have been issued, the associate circuit judge shall give the applicant …

512.250. Associate circuit judge or clerk to file transcript with clerk for trial de novo. — When an application for a trial de novo is timely filed, the associate circuit judge or the clerk who has custody of the case papers shall forthwith transmit the case papers in the cause …

512.270. Judge assigned to hear case anew. — The judge assigned to hear the cause shall proceed to hear, try and determine the same anew with a record of the proceedings being made, without regarding any error, defect or other imperfection on the trial, judgment or other proceedi…

512.280. Same cause to be heard — necessary parties may be added. — The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to …

512.290. No setoff or counterclaim to be pleaded in trial de novo, when. — In cases wherein the summons shall be personally served on the defendant, no setoff nor counterclaim shall be pleaded in the trial de novo proceedings that was not pleaded before the associate circuit judg…

512.300. Statement of account amended, when. — In all cases of an application for trial de novo, the bill of items of the account sued on or filed as a counterclaim or setoff, or the statement of the plaintiff's cause of action, or of defendant's counterclaim or setoff, or other …

512.310. Procedure for trial de novo. — The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of parties the case may be tried by a jury of not less than six persons. ­­-------- (RSMo 1939 § 2747, A.L. 1945 p. 765 § 142, A.L…

512.320. Judgment against sureties, when. — In all cases of an application for trial de novo from an associate circuit judge, if on a trial anew, the judgment be against the applicant, such judgment shall be rendered against him or against him and his sureties in the recognizance…