Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

515.010. Cases referred by consent. — All or any of the issues of fact in the action may be referred upon the written consent of the parties. ­­-------- (RSMo 1939 § 1141) Prior revisions: 1929 § 975; 1919 § 1425; 1909 § 1995

515.020. When referred by order of court. — Where the parties do not so consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases: (1) Where the trial of an issue of fact shall require the examination of a long account…

515.030. Parties may agree upon referees or court shall appoint. — In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three; and, upon filing such agreement, the reference shall be ordered accor…

515.040. Referees to be disinterested parties. — No person shall be appointed referee who is of kin to either party, or is interested in the event of the action. ­­-------- (RSMo 1939 § 1145) Prior revisions: 1929 § 979; 1919 § 1429; 1909 § 1999

515.050. Oath of referees. — Before proceeding to hear any testimony in the cause, they shall take and subscribe an oath before some officer duly authorized to administer an oath, faithfully and fairly to hear and examine the cause, and to make a just, impartial and true report, …

515.060. Referees to hear and determine cause without delay. — The referee or referees appointed in pursuance of any order of reference shall proceed with diligence to hear and determine the matter in controversy. ­­-------- (RSMo 1939 § 1144) Prior revisions: 1929 § 978; 1919 § …

515.070. Appointment in case of death or removal of referee. — In case of the death or removal from the state of a referee, another shall, if necessary and proper, be appointed to fill the vacancy. ­­-------- (RSMo 1939 § 1146) Prior revisions: 1929 § 980; 1919 § 1430; 1909 § 200…

515.080. Referees must all meet and conduct hearing. — If more than one referee be appointed, all the referees must meet together and hear all the proofs and allegations of the parties; but a report made and every other act done by a majority of them, shall be valid. ­­-------- (…

515.090. Hearing — notice — adjournments. — They shall appoint a time and place for the hearing, and give ten days' notice thereof, in writing, to all the parties, and if either party being notified shall fail to appear, they shall proceed ex parte, and shall adjourn the hearing,…

515.100. Service of notices, how and by whom made. — All notices required to be given by the referees or others, in the progress of a cause, shall be served by reading the same or delivering a copy to the person to be notified, and may be served by the sheriff or other officer au…

515.110. Power to compel attendance of witnesses. — They shall have the same power that may be given by law to associate circuit judges, to issue subpoenas for witnesses, and to compel their attendance by attachment, to administer oaths, and punish contempts committed in their pr…

515.120. Service of notices and subpoenas. — Such notices and all subpoenas for witnesses in any cause may also be served by any person being a competent witness in the cause; and the affidavit of such person shall be received as evidence of the facts stated relating to the servi…

515.130. May compel parties to testify and produce documents. — They shall have power, as courts of record have, to examine the parties on oath, to be administered by the referees, or either of them, and to require the production of all books, papers and documents in the custody …

515.140. Punishment of parties for contempt. — If any party shall neglect or refuse to account, pursuant to proper notice, or to produce any books, papers or documents required by the referees, the referees may proceed against the party for his disobedience and imprison him until…

515.150. Punishment for refusal to testify. — If either party shall refuse to be sworn, or when sworn shall refuse to answer any proper question, the referees may imprison him until he consents to be sworn or to answer such question. ­­-------- (RSMo 1939 § 1155) Prior revisions:…

515.160. Depositions may be taken and read. — Depositions of witnesses or parties regularly taken in the cause may be read in evidence before the referees, as in cases of trials before the court. ­­-------- (RSMo 1939 § 1150) Prior revisions: 1929 § 984; 1919 § 1434; 1909 § 2004…

515.170. Testimony to be written — exceptions to be stated in report. — All testimony taken before referees shall be reduced to writing, and if either party shall except to the competency of a witness or the admission or exclusion of evidence, or any other matter to which excepti…

515.180. Court may compel referees to hear and report. — The referees may be compelled, by the order of the court in which the cause is pending, to proceed to the hearing and make a report. And the court may require them to report their decision, in admitting or rejecting any wit…

515.190. Report of referees. — The referees shall, in all cases, report as speedily as possible, reciting the order of the court, and showing the notice to the parties, the time and place of stating the account or taking the testimony, and all other proceedings had, and return th…

515.200. Exceptions to report. — All exceptions to the report of the referees shall be in writing, and filed within four days, in term, after the report is filed, and shall be argued without delay. ­­-------- (RSMo 1939 § 1158) Prior revisions: 1929 § 992; 1919 § 1442; 1909 § 201…

515.210. Proceedings on report. — If exceptions are sustained the matter may again be referred, with instructions, if necessary, but if the report is confirmed by the court, judgment shall be rendered thereon in the same manner and with like effect as upon a special verdict. ­­--…

515.220. Compensation of referees. — Referees, in the absence of any special agreement, shall receive such compensation for their services as the court in which the case is pending may allow, not exceeding ten dollars per day. ­­-------- (RSMo 1939 § 1162) Prior revisions: 1929 §…

515.230. Compensation of witnesses and officers. — Witnesses shall receive the same fees for attending before arbitrators and referees that they may be allowed them for attending before the circuit court in civil cases; and sheriffs and all other officers shall be entitled to the…

515.500. Citation of law. — Sections 515.500 to 515.665 may be cited as the "Missouri Commercial Receivership Act". ­­-------- (L. 2016 H.B. 1765 merged with S.B. 578)

515.505. Definitions. — As used in sections 515.500 to 515.665, the following terms shall mean: (1) "Affiliate": (a) A person that directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting interests of a debtor, other than…

515.510. Court authorized to appoint receiver, when, procedure. — 1. To the extent the appointment of a receiver is not otherwise provided for pursuant to sections 49.555, 82.1026, 91.730, 198.099, 257.450, 276.501, 287.360, 287.875, 351.498, 351.1189, 354.357, 354.480, 355.736, …

515.515. General and limited receivers. — A receiver shall be either a general receiver or a limited receiver. A receiver shall be a general receiver if the receiver is appointed to take possession and control of all or substantially all of a debtor's property and provided the po…

515.520. Notice of appointment, content. — 1. Upon entry of an order appointing a receiver or upon conversion of a limited receiver to a general receiver pursuant to section 515.515 and within ten business days thereof, or within such additional time as the court may allow, the r…

515.525. Replacement of receiver, when. — Except as provided in sections 515.500 to 515.665 or otherwise by statute, any person, whether or not a resident of this state, may serve as a receiver. A person may not be appointed as a receiver, and shall be replaced as receiver if alr…

515.530. Bond requirements. — Except as otherwise provided for by statute or court rule, before entering upon duties of receiver, a receiver shall execute a bond with one or more sureties approved by the court, in the amount the court specifies, conditioned that the receiver will…

515.535. Receiver to have powers and priority of creditor. — As of the time of appointment, and subject to the provisions of subdivision (3) of subsection 3 of section 515.575, the receiver shall have the powers and priority as if it were a creditor that obtained a judicial lien …

515.540. Court to have exclusive authority, when. — 1. Except as otherwise provided for by sections 515.500 to 515.665, the court in all cases has exclusive authority over the receiver, and the exclusive possession and right of control with respect to all real property and all ta…

515.545. Powers, authority, and duties of receivers. — 1. A receiver has the following powers and authority: (1) To incur or pay expenses incidental to the receiver's preservation and use of estate property, and otherwise in the performance of the receiver's duties, including the…

515.550. Estate property, turnover of upon demand — court action to compel. — 1. Upon demand by a receiver, any person, including the debtor, shall turn over any estate property that is within the possession or control of that person unless otherwise ordered by the court for good…

515.555. Debtor duties and requirements. — 1. In addition to other duties and requirements set forth in sections 515.500 to 515.665 and as ordered by the court, the debtor shall: (1) Within fourteen days of the appointment of a general receiver, make available for inspection by t…

515.560. Debtor to file schedules, when. — 1. Within thirty days after the date of appointment of a general receiver, the debtor shall file with the court and submit to the receiver the following schedules: (1) A true list of all of the known creditors and applicable regulatory a…

515.565. Appraisal not required without court order. — 1. A receiver shall not be obligated to obtain any appraisal or other independent valuation of property in the receiver's possession unless ordered by the court to do so. 2. A court may order the receiver to file such additio…

515.570. General receiver to file monthly report, contents. — 1. A general receiver shall file with the court a monthly report of the receiver's operations and financial affairs unless otherwise ordered by the court. Except as otherwise ordered by the court, each report of a gene…

515.575. Appointment of general receiver to operate as a stay, when — expiration of stay — no stay, when. — 1. Except as otherwise ordered by the court, the entry of an order appointing a general receiver shall operate as a stay, applicable to all persons, of: (1) The commencemen…

515.580. Utility service, notice required by public utility to discontinue — violations, remedies. — 1. A public utility, as defined in section 386.020, providing service to estate property may not alter, refuse, or discontinue service to the property without first giving the rec…

515.585. Contracts and leases, receiver may assume or reject — action to compel rejection — consent to assume required, when. — 1. A receiver may assume or reject any executory contract or unexpired lease of the debtor upon order of the court following notice and a hearing, which…

515.590. Unsecured credit or debt, receiver may obtain, when. — 1. If a receiver is authorized to operate the business of a debtor or manage a debtor's property, the receiver may obtain unsecured credit and incur unsecured debt in the ordinary course of business as an administrat…

515.595. Right to sue and be sued — action adjunct to receivership action — venue — judgment not a lien on property, when. — 1. A receiver has the right to sue and be sued in the receiver's capacity as such, without leave of court, in all circumstances necessary or proper for the…

515.600. Immunity from liability, when. — 1. A receiver appointed pursuant to sections 515.500 to 515.665, and the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 shall enjoy judicial immunity for acts and omissions arisin…

515.605. Employment of professionals. — 1. The receiver, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons that do not hold or represent an interest adverse to the receivership to represent or assist t…

515.610. Creditors bound by acts of receiver — right to notice and may appear in receivership — notice requirements. — 1. Creditors and parties in interest to whom are given notice as provided by sections 515.500 to 515.665 and creditors or other persons submitting written claims…

515.615. Claims administration process. — 1. The claims administration process identified in this section shall be administered by a general receiver and may be ordered by the court to be administered by a limited receiver. 2. All claims, other than claims of duly perfected secur…

515.620. Objection to a claim, procedure. — 1. At any time prior to the entry of an order approving the general receiver's final report, the receiver or any party in interest may file with the court an objection to a claim, such objection shall be in writing and shall set forth t…

515.625. Distribution of claims. — 1. Claims not disallowed by the court shall receive distribution under sections 515.500 to 515.665 in the order of priority under subdivisions (1) to (8) of this subsection* and, with the exception of subdivisions (1) to (3) of this subsection, …

515.630. Secured claims permitted against estate property. — Except as otherwise provided for by statute, estate property acquired by the estate, the receiver, or the debtor of the receiver is subject to an allowed secured claim to the same extent as would exist in the absence of…