Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

517.011. Applicability of chapter. — 1. The provisions of this chapter shall apply to the practice and procedure in civil cases originally filed before associate circuit judges in hearing and determining the following cases or classes of cases: (1) Except as otherwise provided by…

517.021. Rules of civil procedure to apply. — The rules of civil procedure shall apply to cases or classes of cases to which this chapter is applicable, except where otherwise provided by law. ­­-------- (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

517.031. Petition required, form — affirmative defenses, counterclaims, cross-claims, filing — extension of filing, when. — 1. The plaintiff shall file a written petition containing the facts upon which the claim is founded. A copy of any written instrument or account in support …

517.041. Summons, how served. — 1. The process in all cases shall be a summons with a copy of the petition of the plaintiff attached, directed to the sheriff or other proper person for service on the defendant. The summons shall command the defendant to appear before the court on…

517.051. When case to be tried. — Every case shall be tried upon the return date of the summons, when the summons has been duly and timely served, or on a date to which the case has been continued. ­­-------- (L. 1985 S.B. 5, et al.) Effective 1-01-87

517.061. Change of venue and change of judge, when — how filed. — Change of venue and change of judge shall be for the same reasons and in the same manner as provided in the rules of civil procedure except that the application shall be filed not later than five days before the re…

517.071. Continuation of case, when — rescheduling. — 1. A case shall be continued to a day certain upon the request of any party made on or before the return date of the summons. 2. A case may be continued to a day certain, not exceeding thirty days, upon: (1) The motion of the …

517.081. Case certified to presiding judge of circuit, when. — A case shall be certified for assignment by the presiding judge of the circuit or in accordance with local rules when: (1) A party files a petition, a counterclaim, cross claim or third-party petition that independent…

517.091. Trial by jury, when waived — jury trial, how granted — composition of jury. — 1. In any case triable before a jury, a trial by jury shall be deemed waived unless written demand be filed not later than five days before the return date of summons or the date set for trial,…

517.101. Dismissal of claim or portion of claim, when. — A pleading stating a claim or any portion thereof may be dismissed without prejudice at the costs of the claiming party when: (1) That party requests such dismissal at any time before the trial is commenced; or (2) A party …

517.111. Dismissal of case or judgment by default or consent, how entered. — 1. When a case is dismissed, or judgment is by default or consent, such judgment shall be entered forthwith by the judge. 2. When a case is tried before a judge without a jury, judgment shall be entered …

517.121. Judgment by consent, when entered. — A judgment by consent may be entered when there is consent by all parties made after the filing of the petition either in open court or by a written consent filed with the court and signed by each party or the attorney for such party.…

517.131. Default judgment, when entered. — A default judgment may be entered in favor of a party filing a claim upon appearance by such party in person or by attorney upon written oath made by such party or upon such evidence as may be determined by the judge when the opposing pa…

517.132. Written instrument which is basis of claim, counterclaim or cross-claim admissible as evidence, when. — If any suit, setoff, counterclaim or cross claim is based upon a written instrument purporting to have been executed by the opposite party, and the same or a verified …

517.141. Transcript of judgment, treatment of — duty of clerk. — On demand of any person interested therein, whether by assignment or otherwise, every clerk or officer who shall be in possession of the record of judgment shall give to such person a certified transcript of such ju…

517.151. Judgment to be lien on real estate from time of filing transcript — fees for filing — revival of lien. — From the time of filing the transcript, every such judgment shall have the same lien on the real estate of the defendant in the county as is given judgments rendered …

517.161. Procedure in certain cases filed prior to January 1, 1987 — effective date of certain sections. — The provisions of sections 66.060, 478.225, 482.325, 482.365, 506.010, 512.180, 517.011 to 517.151, 521.420, 535.020, 535.040, 535.110, 535.160 and 546.595 shall become effe…