Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

514.040. Plaintiff may sue as pauper, when — counsel assigned him by court — correctional center offenders, costs — waiver of costs and expenses, when. — 1. Except as provided in subsection 3 of this section, if any court shall, before or after the commencement of any suit pendin…

514.050. Issuance of writ without fees by clerk, when. — If any person file, before any clerk in vacation, an affidavit that he has a just and subsisting cause of action on which he proposes to bring a suit, and that he is unable to pay the costs, the clerk shall issue an origina…

514.060. Recovery of costs in civil actions, by whom. — In all civil actions, or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law. ­­-------- (RSMo 1939 § 1406) Prior…

514.070. Costs on motions. — On all motions the court may give or refuse costs at its discretion, unless where it is otherwise provided by law. ­­-------- (RSMo 1939 § 1407) Prior revisions: 1929 § 1243; 1919 § 1695; 1909 § 2264

514.080. Costs, when given in discretion of court. — When any defendant, in any action, shall plead several matters, any of which shall, upon motion joined, be adjudged insufficient, or if a verdict shall be found on any issue in the case for plaintiff, costs shall be given at th…

514.090. When one of several counts in a petition bad — costs, how awarded. — Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the d…

514.100. In case of several defendants, judgment in favor of one or more — costs, how awarded. — Where several persons are made defendants to any action, and any one or more of them shall have judgment in his favor, every person so having judgment shall recover his costs, in like…

514.110. In actions ex delicto, how awarded. — In all actions not founded on contract, the damages claimed in the petition shall determine the jurisdiction of the court, and if the plaintiff recover any damages he shall recover his costs. ­­-------- (RSMo 1939 § 1411) Prior revis…

514.112. Assessment of costs when court not notified in timely manner of settlement. — In addition to all other costs which are assessed in civil actions before the circuit courts of this state, whenever a civil action is settled and the circuit court in which such action was set…

514.130. In cases of certiorari, successful party to recover costs. — In all cases where either party shall sue out a certiorari upon any judgment where the same shall be allowed by law, the successful party in the superior court shall recover costs in both courts. ­­-------- (RS…

514.160. Appeals to supreme court or court of appeals, adjudication of costs. — If any person shall take an appeal from a judgment of any court to the supreme court, or to any district of the court of appeals, and the judgment shall be affirmed or the appeal discontinued or dismi…

514.170. Adjudication of costs upon dismissal of plaintiff's suit — in other cases. — Upon the plaintiff dismissing his suit, or defendant dismissing the same for want of prosecution, the defendant shall recover against the plaintiff his costs; and in all other cases it shall be …

514.180. Court may make order for payment of unpaid costs, when. — If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make an order for the payment of any unpaid costs o…

514.190. Suits by state, adjudication of costs. — In suits upon obligations, bonds, or other specialties, or on contracts, express or implied, made to or with the state, or the governor thereof, or any other person, to the use of the state, or to a county, or the use of a county,…

514.200. General judgment for costs against the state not given. — In all such cases, the judgment against the state or county shall not be for costs generally, but the amount thereof shall be expressed in the judgment, and no such judgment shall afterwards be amended so as to in…

514.205. Frivolous suit, consequences of filing — limitations. — 1. In any civil action or part of a civil action pending before any division of any court of this state including the probate division of the circuit court, if the court finds after a hearing for such purpose that t…

514.210. Person to whose use action is brought, liable to pay costs — judgment for costs in such cases, effect of. — When any suit or proceeding, instituted in the name of the state or any county, on the relation or in behalf or for the use of any private person, and where a suit…

514.220. Adjudication of costs in partition. — In all cases founded on the statutes concerning the partition of lands, the costs shall be paid by the parties plaintiff and defendant, according to their respective interests in the lands which may be the subject of the proceedings;…

514.230. Deposit or tender made before suit, plaintiff not to recover costs. — In all actions where, before suit brought, tender shall be made and full payment offered, by discount or otherwise, in such specie and at such time and place as the party, by contract or agreement, oug…

514.240. Tender without deposit stops interest or accumulation of damages. — Where tender and no deposit shall be made, as provided in section 514.230, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the …

514.250. Tender in court after suit brought — when plaintiff shall pay all costs from the time of such tender. — If, in any suit pending, the defendant shall, at any time, deposit with the clerk, for the use of the plaintiff, the amount of the debt or damages he admits to be due,…

514.260. Duty of clerk in taxing bill of costs. — The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall…

514.270. Retaxation of costs, when made — effect. — Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court in which the action or proceeding was had, and in such retaxation all errors shall be corrected by the court; and …

514.280. Supreme court or appellate court to retax costs, when — order fees refunded. — In all cases of appeal in the supreme court and the court of appeals, it shall be the duty of the court, whenever the transcript of a record shall contain any unnecessary matter had before the…

514.303. Costs of enforcing judgment, how awarded — how certified. — All costs involved in the execution and sale of property pursuant to judgment, except attorney's fees, may be awarded as judgment in favor of the party incurring such costs, including moving expenses, insurance,…

514.310. Fee bill and writ of fieri facias to contain written or printed itemized statement of costs. — Every fee bill and every writ of fieri facias issuing out of any court of record in this state, shall have written or printed thereon a true statement of each and every item of…

514.330. Court costs — collection. — The clerks who are responsible by law or court rule for collecting court costs shall strictly examine the accounts of all court costs accruing during the progress of any civil suit pending in divisions for which they are responsible for collec…

514.335. Guardian ad litem appointed for minors not party to action, compensation. — In any court case or proceeding in which a guardian ad litem is appointed by the court to safeguard the interests of a minor and in which the minor is not a party, the court may enter judgment in…