Title XXXII, COURTS

479.190. Parole or probation, when granted — certificate — conditions of probation — modification of conditions. — 1. Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead gu…

479.200. Appeals, trial de novo. — 1. In any case tried before a municipal judge who is not licensed to practice law in this state, the defendant shall have a right to trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge. 2. In any case …

479.210. Recognizances and forfeitures. — In case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecut…

479.220. Disqualification of judge, when, procedure. — A municipal judge shall be disqualified to hear any case in which he is in any wise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, …

479.230. Absence of judge, procedure. — 1. If a municipal judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the presiding judge of the circuit court over the municipal divisions within the circuit contained in section 478.240: (…

479.240. Fines, installments allowed. — When a fine is assessed for violation of an ordinance, it shall be within the discretion of the judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he may deem appropria…

479.250. Municipal ordinances, evidence of, judicial notice of. — In the trial of municipal ordinance violation cases, a copy of a municipal ordinance which is certified by the clerk of the municipality shall constitute prima facie evidence of such ordinance. If such certified co…

479.260. Court costs and fees, judicial education fund, purpose, administration. — 1. Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to sections 488.010 to 488.020 for each municipal ordinance violation case filed before a municipal judg…

479.270. Transfer or assignment of cases, procedure. — If transferred by the supreme court or if assigned by the presiding judge of the circuit or pursuant to court rule, a circuit judge may hear municipal ordinance violation cases in those instances where provision is made in th…

479.350. Definitions. — For purposes of sections 479.350 to 479.372, the following terms mean: (1) "Annual general operating revenue", revenue that can be used to pay any bill or obligation of a county, city, town, or village, including general sales tax; general use tax; general…

479.353. Conditions — review of original fine and sentence, when. — 1. Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations: (1) The court shall not assess a fine, if combined with the …

479.354. Notice to appear in court, date and time to be given when first provided. — For any notice to appear, citation, or summons on a minor traffic violation, the date and time the defendant is to appear in court shall be given when such notice to appear, citation, or summons …

479.356. Failure to pay court costs, fines, or fees, setoff of income tax refund, when. — If a person fails to pay court costs, fines, fees, or other sums ordered by a municipal court, to be paid to the state or political subdivision, a municipal court may report any such delinqu…

479.359. Political subdivisions to annually calculate percentage of revenue from municipal ordinance violations and minor traffic violations — limitation on percentage — addendum to report, contents. — 1. Every county, city, town, and village shall annually calculate the percenta…

479.360. Certification of substantial compliance, filed with state auditor — procedures adopted and certified. — 1. Every county, city, town, and village shall file with the state auditor, together with its report due under section 105.145, its certification of its substantial co…

479.362. Filing of addendum, notice to revenue — failure to file, procedure. — 1. The auditor shall notify to the director of the department of revenue whether or not county, city, town, or village has timely filed the addendums required by sections 479.359 and 479.360 and transm…

479.368. Failure to timely file, loss of local sales tax revenue and certain county sales tax revenue — election required, when. — 1. (1) Except for county sales taxes deposited in the county sales tax trust fund as defined in section 66.620, any county, city, town, or village fa…

479.372. Rulemaking authority. — Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 479.350 to 479.372 shall become effective only if it complies with and is subject to all of the provisions of chap…

479.375. Severability clause. — If any provision of this act* or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act* which can be given effect without the invalid provision or application, a…

479.500. Traffic court may be established in twenty-first judicial circuit — appointment of judges — procedure and operation — jurisdiction — qualification of traffic judges, compensation — pleas without personal appearance — recording of proceedings — costs of establishment and …

482.300. Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases. — 1. Each judge of the circuit court hearing and determining small claims cases shall maintain a separate "small claims" docket and shall set aside and sp…

482.305. Jurisdiction of small claims court. — When sitting as a small claims court, the judge shall have original jurisdiction of all civil cases, whether tort or contract, where the amount in controversy does not exceed five thousand dollars, exclusive of interest or costs, or …

482.310. Procedure in small claims court. — In all small claims proceedings: (1) Parties may prosecute their claims and defenses without the assistance of an attorney. Corporations or unincorporated associations, including labor unions, may enter their appearance and be represent…

482.315. Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred. — 1. If the amount in controversy in an action exceeds five thousand dollars, a plaintiff may file and…

482.320. Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. — 1. At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same tran…

482.325. Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when. — If the amount of the counterclaim exceeds by itself the jurisdictional limit of the small claims court as established in sectio…

482.330. Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where. — 1. No claim may be filed or prosecuted in small claims court by a party who: (1) Is an assignee of the claim; or (2) Has filed more than twelv…

482.335. Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law. — 1. Clerks under the supervision of the small claims court judges shall explain to litigants the procedures and functions of t…

482.340. Form of petition and summons — instructions for defendant — waiver of trial by jury — availability of forms. — 1. An action on a small claim may be commenced by filing with the clerk of the small claims court a form substantially similar to the petition form provided in …

482.345. Court costs — procedure for assessment of costs, award of fees and disbursement of fees. — 1. A person filing an action in small claims court shall pay court costs and a deposit as security for costs in amounts determined pursuant to sections 488.010 to 488.020*. 2. A pe…

482.350. Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service. — Personal service is not required for the service of any summons issuing out of a small claims court, unless specifically requested by the plaint…

482.355. Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when. — 1. The defendant in a small claims action shall appear at the time and place specified in the summons and the case shall be tried on…

482.360. Barring person from small claims court, grounds, length of bar. — If the court finds that the small claims proceedings are being used by a plaintiff or defendant for the purpose of oppression or harassment, it may issue an order denying the plaintiff or defendant use of …

482.365. Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure. — 1. No judgment of a small claims court shall be a lien on real estate. 2. Any party aggrieved by any final judgment rendered by a smal…

483.010. Qualifications of a clerk. — No person shall be appointed or elected clerk of any court, unless he be a citizen of the United States, above the age of twenty-one years, and shall have resided within the state one whole year, and within the geographical area over which th…

483.015. Election — term of office — commission exceptions, Jackson County court administrator to be clerk, St. Louis County circuit clerk, how selected — circuit clerk of sixth, seventh, and twenty-second judicial circuits, how selected. — 1. At the general election in the year …

483.020. Vacancy, how filled. — When any vacancy shall occur in the office of any circuit clerk so elected, by death, resignation, removal, refusal to act or otherwise, it shall be the duty of the governor in the case of an elected clerk to fill such vacancy by appointing some el…

483.050. If surety of clerk is insufficient, new bond required. — If, at any time, any court shall be satisfied that any surety of the clerk of said court is deceased or insolvent, or otherwise insufficient, or in danger of becoming insufficient, or that the penalty of the bond o…

483.055. Office supplies — duties relating to. — Each clerk shall preserve the seal and other property belonging to his office, and shall provide and preserve suitable books, stationery and furniture for his office, and keep a correct account thereof; and each court shall audit s…

483.060. Allowances, how paid. — All such allowances made to the clerks of the supreme court and the districts of the Missouri court of appeals shall be paid by the state, and those made to circuit and division clerks by the proper county except as otherwise provided by law. Allo…

483.065. Office and records, where kept. — Each clerk shall keep his office at such places as the court shall direct, and shall there keep the records, papers, seal and property belonging to his office and transact his official business; except that, each clerk may store closed c…

483.070. May remove records, when. — In case of danger from an invading enemy any clerk may remove the records, papers and other things appertaining to his office to some secure place until the danger is removed. ­­-------- (RSMo 1939 § 13294) Prior revisions: 1929 § 11675; 1919 …

483.075. Duties of clerk — when county clerk replaces circuit clerk, exception. — 1. Every clerk shall record the judgments, rules, orders and other proceedings of the court; issue and attest all process when required by law and affix the seal of his office thereto, or if none be…

483.080. Deputies, their duties. — Every clerk may appoint such number of deputies or assistants as may be authorized to be appointed under procedures provided by law who shall be at least seventeen years of age and have all other qualifications of their principals and take the l…

483.082. Court records, how kept. — 1. Notwithstanding the provision of any other statute to the contrary, it shall be the duty of the clerks of all courts to keep such records of the courts and in such a manner as may be directed by rule of the supreme court so that they shall a…

483.083. Circuit clerks, compensation. — 1. (1) Each circuit clerk shall annually receive as compensation the following amounts as base salary: (a) In counties of the first classification, except those counties where court is held in two cities, in which instance an additional fo…