Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

516.010. Actions for recovery of lands commenced, when. — No action for the recovery of any lands, tenements or hereditaments, or for the recovery of the possession thereof, shall be commenced, had or maintained by any person, whether citizen, denizen, alien, resident or nonresid…

516.020. Right of possession not affected by descent. — The right of any person to the possession of any lands, tenements or hereditaments shall not be impaired or affected by descent, cast in consequence of the death of any person in possession of any such estate. ­­-------- (RS…

516.030. Disabilities — twenty-one years. — If any person entitled to commence any action in sections 516.010 and 516.090 specified or to make any entry be, at the time such right or title shall first descend or accrue, either within the age of eighteen years, or mentally incapac…

516.040. Possession of land under color of title, effect. — The possession, under color of title, of a part of a track or lot of land, in the name of the whole tract claimed, and exercising, during the time of such possession, the usual acts of ownership over the whole tract so c…

516.050. Limitation where person under disability dies. — If any person entitled to commence such action or to make such entry die during the continuance of any disability specified in section 516.030 and no determination or judgment be had of the title, right or action to him ac…

516.070. Limitation where equitable title to land emanates from government. — Whenever any real estate, the equitable title to which shall have emanated from the government more than ten years, shall thereafter, on any date, be in the lawful possession of any person, and which sh…

516.080. When legal title has not emanated from the United States. — In all cases in which the legal title has not yet emanated from the government of the United States, but in which there has been an equitable right or title for more than twenty years, under which a claimant has…

516.090. Statute not to extend to certain lands. — Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this state. This section shall be constru…

516.095. Action for breach of covenant restricting land use, barred, when. — No action for breach of a covenant restricting use of land caused or resulting from the size, height, cost or location of buildings or other visible improvements on the premises in violation of the coven…

516.097. Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions. — 1. Any action to recover damages for economic loss, personal injury, property damage or wrongful d…

516.098. Surveys of land error or omissions — action must be brought when. — Except where fraud is involved, no action to recover damages for an error or omission in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error or o…

516.100. Period of limitation prescribed. — Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections…

516.103. No tolling by filing of administrative actions, certain suits. — The time for commencement of any suit provided for in sections 516.380, 516.390 and 516.400, shall not be tolled by the filing or pendency of any administrative complaint or action and no such suit may be b…

516.105. Actions against health care and mental health providers (medical malpractice). — 1. All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, ment…

516.110. What action shall be commenced within ten years. — Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be bro…

516.120. What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is…

516.130. What actions within three years. — Within three years: (1) An action against a sheriff, coroner or other officer, upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the …

516.140. What actions within two years. — Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140. An action by an employee for the payment of …

516.145. What actions within one year. — Within one year: all actions brought by an offender, as defined in section 217.010, against the department of corrections or any entity or division thereof, or any employee or former employee for an act in an official capacity, or by the o…

516.150. No action to foreclose mortgage after note barred. — No suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has been barred by the s…

516.155. Mortgages last maturing obligation is due, how determined — future advances on real property security instrument statute begins to run, when. — 1. Except as provided in subsection 2 of this section, whenever under the provisions of section 516.150 "the date at which the …

516.160. In account current, when cause of action accrued. — In an action brought to recover a balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from time of the las…

516.170. May delay filing of action, when. — Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated,…

516.180. On death of person under disability, cause of action survives. — If any person so entitled to sue, die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representatives, his executor or admini…

516.190. Limitations on actions originating in other states. — Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts of this …

516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. — If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action ma…

516.210. Time not to be computed during a war. — Whenever any person shall be disabled to prosecute in the courts of this state by reason of his being an alien, subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be d…

516.220. Not to apply to what. — Section 516.210 shall not apply to actions for any penalty or forfeiture given by any statute of this state. ­­-------- (RSMo 1939 § 1025) Prior revisions: 1929 § 873; 1919 § 1328; 1909 § 1899

516.230. Further savings in cases of nonsuits. — If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgmen…

516.240. If defendant dies, when and against whom new suit to be brought. — If any action is commenced within the time prescribed in sections 516.010 to 516.230, and the defendant in the suit dies before judgment, and if the right of action is such as survives against the represe…

516.250. Suit abated by death of plaintiff, when — when and by whom new suit brought. — When an action commenced within the time prescribed by law shall abate by reason of the death of the plaintiff, if the right of action survived to his representatives, his executor or administ…

516.260. Suit stayed by injunction, time not computed. — Whenever the commencement of any suit shall be stayed by an injunction of any court or officers authorized to grant the same, the time during which such injunction shall be in force shall not be deemed any portion of the ti…

516.270. Disability not to avail, unless. — No person shall avail himself of any disability herein enumerated, unless such disability existed at the time his right of action or of entry accrued. ­­-------- (RSMo 1939 § 1030) Prior revisions: 1929 § 878; 1919 § 1333; 1909 § 1904…

516.280. Limitation not to be extended by improper acts of defendant. — If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of …

516.290. Effect of two or more existing disabilities. — When there are two or more disabilities existing at the time the right of action of entry accrued, the limitation herein prescribed shall not attach until all such disabilities be removed. ­­-------- (RSMo 1939 § 1032) Prior…

516.300. Actions otherwise limited. — The provisions of sections 516.010 to 516.370 shall not extend to any action which is or shall be otherwise limited by any statute; but such action shall be brought within the time limited by such statute. ­­-------- (RSMo 1939 § 1033) Prior …

516.310. Demands against corporations. — Nor shall any of said provisions apply to suits brought to enforce payment of bills, notes or other evidences of debt issued by moneyed corporations. ­­-------- (RSMo 1939 § 1034) Prior revisions: 1929 § 882; 1919 § 1337; 1909 § 1908

[Repealed or reserved.]

516.330. One joint debtor cannot revive a demand against other debtor. — If there be two or more joint contractors or joint executors or administrators of any contractor, no such joint contractor or executor or administrator shall lose the benefit of the provisions of sections 51…

516.340. Sections 516.320 and 516.330 construed. — Nothing contained in sections 516.320 and 516.330 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person. ­­-------- (RSMo 1939 § 1037) Prior revisions: 1929 § 885; 1919 § 1340; 1…

516.350. Judgments presumed to be paid, when — presumption, how rebutted — inclusion in the automated child support system — judgment for unpaid rent, revived by publication. — 1. Every judgment, order or decree of any court of record of the United States, or of this or any other…

516.360. Sections 516.010 to 516.370 to apply to the state as well as to private parties. — The limitations prescribed in sections 516.010 to 516.370 shall apply to actions brought in the name of this state, or for its benefit, in the same manner as to actions by private parties.…

516.370. Limitation not to apply to setoffs, when. — When a defendant in action has interposed an answer, as a defense, setoff or counterclaim, upon which he would be entitled to reply in such action, the remedy upon which, at the time of the commencement of such action, was not …

516.371. Limitation on action for sexual contact by certain persons. — Notwithstanding any provision of law to the contrary, there shall be a ten-year statute of limitation on any action for damages for personal injury caused to an individual by a person within the third degree o…

516.380. Actions on penal statutes to be brought in one year. — All actions and suits, upon any statute, for any penalty or forfeiture given in whole or in part to any person who will prosecute for the same, shall be commenced within one year after the commission of the offense, …

516.390. When penalty goes to the state, within two years. — If the penalty is given in whole or in part to the state, or to any county or city, or to the treasury thereof, a suit therefor may be commenced, by or in behalf of the state, county or city, at any time within two year…

516.400. When penalty goes to party aggrieved, three years. — All actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved, shall be commenced within three years after the commission of the offense, and not after. ­­-------- (RSMo 1…

516.410. Sections 516.380 to 516.400 construed. — Sections 516.380 to 516.400 shall not apply to any bill, complaint, information, indictment or action, which is or shall be limited by any statute to be brought, had, commenced or prosecuted within a shorter or longer time than is…

516.420. When not to apply to corporations. — None of the provisions of sections 516.380 to 516.420 shall apply to suits against moneyed corporations or against the directors or stockholders thereof, to recover any penalty or forfeiture imposed, or to enforce any liability create…

516.500. Legislative bills, actions on procedural defect in enactment, time limitations, exceptions. — No action alleging a procedural defect in the enactment of a bill into law shall be commenced, had or maintained by any party later than the adjournment of the next full regular…