Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

511.530. Lien of judgment rendered by district No. 2 of Marion County circuit court. — The lien of the judgment of district number 2 of the circuit court of Marion County shall be the same as the lien of the judgments of district number 1 of the circuit court for the county of Ma…

511.540. Death of a plaintiff, survival of judgment. — If one or more plaintiffs in a judgment or decree shall die before the same is satisfied or carried into effect, the judgment or decree, if concerning the personalty, shall survive to the executors or administrators of such d…

511.550. Death of a defendant, survival of judgment. — When there are several defendants in a judgment or decree, and some of them die before the same is satisfied or carried into effect, the judgment or decree, if concerning real estate, shall survive against his or their heirs …

511.560. Judgment revived by or against administrator de bonis non. — If an executor or administrator be plaintiff or defendant in a judgment or decree, and shall die, resign or be dismissed before the same is satisfied or carried into effect, the judgment or decree may be revive…

511.570. Satisfaction of judgment. — When any judgment or decree is satisfied otherwise than by execution, the party in whose favor the same was rendered shall, immediately thereafter, enter an acknowledgment of satisfaction thereof in the court where the same was obtained, or be…

511.580. Who may enter satisfaction. — Satisfaction may be entered by the plaintiff in person, by his attorney of record, or by his agent duly authorized, in writing, under the hand of the plaintiff. ­­-------- (RSMo 1939 § 1287) Prior revisions: 1929 § 1122; 1919 § 1573; 1909 § …

511.590. Satisfaction, where entered. — If the acknowledgment is made in court, it shall be entered of record; but if made before the clerk in vacation, it shall be entered on the minutes, signed by the party making it, and attested by the clerk. ­­-------- (RSMo 1939 § 1288) Pri…

511.600. When made by agent, his authority to be filed. — When made by an agent, his authority shall be filed in the office of the clerk of the court where the acknowledgment is made. ­­-------- (RSMo 1939 § 1289) Prior revisions: 1929 § 1124; 1919 § 1575; 1909 § 2144

[Repealed or reserved.]

511.620. Refusal of party to satisfy — proceedings. — If a person receiving satisfaction of a judgment or decree shall refuse within a reasonable time after request of the party interested therein to acknowledge satisfaction on the record, or cause the same to be done in the mann…

511.630. Clerks shall keep book for docketing judgments. — The clerks of courts of record shall keep in their respective offices a well-bound book for entering therein an alphabetical docket of all judgments and decrees. ­­-------- (RSMo 1939 § 1294) Prior revisions: 1929 § 1129;…

511.640. Docket shall contain what entries. — They shall, during every term, or within thirty days thereafter, enter in such docket all final judgments and decrees rendered at such term in alphabetical order, by the name of the person against whom the judgment or decree was enter…

511.650. Further entries to be made in docket. — Such docket shall contain, in columns ruled for that purpose: First, the names of the parties; second, the date; third, the nature of the judgment or decree; fourth, the amount of debt, damages and costs; fifth, the book and page i…

511.660. Space left to enter satisfaction. — The clerks of courts of record, in recording judgments or decrees, shall leave a space or margin on the record for entering a memorandum of the satisfaction or vacation of such judgment or decree. ­­-------- (RSMo 1939 § 1292) Prior re…

511.670. Clerk to enter disposition of judgments. — When satisfaction of a judgment or decree shall be acknowledged or entered by order of the court, or satisfaction shall be made by execution, or such judgment or decree shall be vacated, the clerk shall enter upon the margin of …

511.680. Failure of clerk to perform duty — penalty. — Any clerk failing to comply with the provisions of sections 511.630 to 511.670, or who shall fail to enter in said docket, within the time required, the judgments of associate circuit judges' courts, transcripts of which have…

511.690. Assignment of judgments. — Judgments of courts of record for the recovery of money may be assigned, in writing, by the plaintiff and the assignees thereof, successively, which assignment shall be on or attached to the judgment, and attested by the clerk of the court or a…

511.700. Payment to assignor, when valid. — Payments or satisfaction on such judgment to the assignor shall be valid, if made before notice of assignment to the judgment debtor, but not otherwise. ­­-------- (RSMo 1939 § 1301) Prior revisions: 1929 § 1137; 1919 § 1588; 1909 § 215…

511.710. Execution on assigned judgment, how issued. — In case of assignment, execution shall issue in the name of the original plaintiff, but shall be endorsed by the clerk or associate circuit judge to be for the use of the assignee. ­­-------- (RSMo 1939 § 1302) Prior revision…

511.720. Assignee to have right of action. — Any action or other proceeding, which the plaintiff in any judgment might have thereon, may be maintained in the name of the assignee. ­­-------- (RSMo 1939 § 1303) Prior revisions: 1929 § 1139; 1919 § 1590; 1909 § 2159

511.730. Execution of delivery bond to plaintiff's judgment. — Bonds for the delivery of property levied upon by virtue of such executions shall be to the judgment plaintiff for the use of such assignee; and all suits and proceedings relating to such judgment, or against any offi…

511.740. Submitting a controversy without action. — Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court…

511.750. Enforcement of judgment. — The judgment may be enforced in the same manner as if it had been rendered in an action, unless otherwise provided in the submission; and, in like manner, shall be with costs, and subject to an appeal or writ of error, unless otherwise provided…

511.760. Uniform enforcement of foreign judgments law. — 1. The following terms as used in this section shall mean: (1) "Foreign judgment", any judgment, decree or order of a court of the United States or of any state or territory which is entitled to full faith and credit in thi…

511.770. Citation of law — purpose. — 1. Sections 511.770 to 511.787 may be cited as the "Uniform Foreign Country Money-Judgments Recognition Act". 2. Sections 511.770 to 511.787 shall be so construed as to effectuate its general purpose to make uniform the law of those states wh…

511.773. Definitions. — As used in sections 511.770 to 511.787: (1) "Foreign country" means any governmental unit other than the United States, or any state, district, commonwealth, territory, or insular possession thereof; (2) "Foreign country judgment" means any judgment of a f…

511.775. Judgment final — appeal not to affect. — Sections 511.770 to 511.787 apply to any foreign country judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. ­­-------- (L. 1984 H.B. 957 § 2)…

511.778. Enforceability of judgment, when. — Except as provided in section 511.780, a foreign country judgment meeting the requirements of section 511.775 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign country judg…

511.780. Judgment — not conclusive, when — need not be recognized, when. — 1. A foreign country judgment is not conclusive if: (1) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of …

511.783. Lack of personal jurisdiction not to affect judgment, when. — 1. The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in …

511.785. Appeals, stay of proceedings granted, when. — If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or …

511.787. Recognition of judgment in situations not covered by uniform law. — Sections 511.770 to 511.787 do not prevent the recognition of a foreign country judgment in situations not covered by sections 511.770 to 511.787. ­­-------- (L. 1984 H.B. 957 § 7)

512.010. Writs of error in civil cases abolished — review by appeal. — 1. Writs of error are abolished in civil cases. Review shall be by appeal, which shall constitute a continuation of the proceeding in the trial court and be deemed to present all issues which heretofore have b…

512.020. Who may appeal. — Any party to a suit aggrieved by any judgment of any trial court in any civil cause from which an appeal is not prohibited by the constitution, nor clearly limited in special statutory proceedings, may take his or her appeal to a court having appellate …

512.025. Habeas corpus proceedings for custody of minor child, who may appeal. — Any party may appeal to the court of appeals from a decision in a habeas corpus proceeding involving the custody of a minor child where there is in effect, at the time of the hearing on the writ, no …

512.030. Appeals jointly or separately. — Parties interested jointly, severally, or otherwise in a judgment may join in an appeal therefrom; or, without summons and severance any one or more of them may appeal separately or any two or more of them may join in an appeal. ­­-------…

512.040. Titles in appeals. — The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action shall not be changed in consequence of the appeal. ­­-------- (RSMo 1939 § 1185, A.L. 1943 p. 353 § 128) Prior revisions: 1929 §…

512.050. Notice of appeal — when filed — court reporter to be paid, when. — When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appea…

512.060. Appeal by special order of court. — 1. When an appeal is permitted by law from a final judgment in the trial court, but the time prescribed for filing the ordinary notice of appeal with the clerk of the trial court as set forth in section 512.050 has expired, nevertheles…

512.070. Notice to specify what — duties of clerk on filing of appeal. — 1. The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or order appealed from; and shall name the court to which the appeal is taken. 2. Notification of the filing …

512.080. Appeals to stay execution, when — bond. — 1. Appeals shall stay the execution in the following cases: (1) When the appellant shall be a personal representative, guardian, or conservator, and the action shall be by or against him as such, or when the appellant shall be a …

512.085. Supersedeas bond requirements, tobacco settlement litigation. — 1. In order to secure and protect the moneys to be received as a result of the master settlement agreement, as defined in section 196.1000, in civil litigation as to any claim relating to tobacco products in…

512.090. Bond filed, when. — If a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, and if the action is not yet transferred to the appellate court, a bond may be filed at such time before the action is so transferred to the appe…

512.099. Bond or surety required during pendency of appeal, set how. — 1. In all cases in which there is a count alleging a tort, the amount of the required undertaking or bond or equivalent surety to be furnished during the pendency of an appeal or any discretionary appellate re…

512.100. Supersedeas bond — enforcement. — By entering into a supersedeas bond, the surety submits himself to the jurisdiction of the trial court and his liability may be enforced on motion for judgment thereon, without the necessity of an independent action. A copy of the motion…

512.110. Transcript of record — filing — contents — omissions. — 1. Within the time prescribed by sections 512.130 and 512.140, the appellant shall cause the transcript on appeal, which may be in typewritten form, to be prepared and filed with the clerk of the proper appellate co…

512.120. Agreed statement of case. — When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence, and proceedings in the court below, the parties may prepare and sign a statement of the case showing how the questions arose and…

512.130. Transcript, when filed. — The transcript on appeal shall be filed with, and the action transferred to, the appellate court within ninety days from the date of filing of the notice of appeal, except that, when more than one appeal is taken from the same judgment or order …

512.140. Extension of time by trial court. — The trial court may extend the time within which any act may be done under sections 512.110 and 512.130, in accordance with subsection 2 of section 506.060. ­­-------- (L. 1943 p. 353 § 138)

512.150. Rules for filing briefs, transcripts, and docketing cases. — 1. All briefs shall be prepared as provided by rule of the appellate court. The appellate courts shall have power to prescribe the number of copies which shall be filed; the time within which briefs shall be fi…