Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

513.455. County or municipally owned property exempt, when — lease agreements, requirements. — 1. (1) As used in this section, "entity" means a county, a city, a town, a township, a municipality, a road district, a water district, a sewer district, a fire district, a library dist…

513.460. Fire fighting equipment exempt, when. — All fire engines, hose, hose carriages, hooks, ladders, buckets, horses and other things kept and used for the purpose of extinguishing fires, owned by any county or municipality in this state, shall be exempt from attachment and e…

513.465. No property exempt from sale for taxes. — Nothing contained in this chapter shall be construed so as to exempt any property from seizure and sale for the payment of taxes due this state, or any city, town or county thereof. ­­-------- (RSMo 1939 § 1330) Prior revisions: …

513.470. No property exemption for personal services, by whom — provisions. — For all personal services rendered by any person acting in the capacity of house servant or common laborer, to an amount not exceeding ninety dollars, no property shall be exempt from seizure and sale u…

513.475. Homestead defined — exempt from execution — spouses debarred from selling, when. — 1. The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection therewith, not exceeding the value of fifteen thousand dollars, which is…

513.480. If value exceeds limitation, owner may designate — proceedings. — Whenever an execution shall be levied upon the real estate of any person, of which such homestead may be a part, or upon such part of any homestead as may be in excess of the limitation of the value thereo…

513.485. Proceedings where encumbered by mortgage. — If, at the time of such levy of execution, the homestead or real estate mentioned in section 513.480 shall be encumbered by mortgage, the value and location of such homestead shall be fixed as provided in said section, and ther…

513.490. Personal property attached claimed as product of homestead, proceedings. — Whenever the personal property of any person shall be attached or taken in execution against such person, and the debtor therein shall claim that the same or any part thereof is the product of suc…

513.510. Subject to execution upon certain causes of action. — Such homestead shall be subject to attachment and levy of execution upon all causes of action existing at the time of the acquiring such homestead, except as otherwise provided in sections 513.475 to 513.530; and for …

513.515. If another homestead is acquired prior homestead is liable for debt. — Whenever any person shall acquire another homestead in the manner provided in section 513.510, the prior homestead shall thereupon be liable for his debts, but such other homestead shall not be liable…

513.520. Homestead set out from other real estate — proceedings — duty of commissioners. — Whenever, in any case not in sections 513.475 to 513.530 otherwise provided for, it shall become necessary, in any proceeding at law or in equity, to sever or set out any homestead from oth…

513.525. If homestead cannot be occupied in severalty, court may grant relief. — Whenever any dwelling house, outbuilding and the land in connection therewith, in which a homestead shall exist, shall exceed the respective value mentioned in section 513.475, and a severance of suc…

513.530. Court may control investment of proceeds. — If such homestead shall be sold as provided in section 513.525, the court may control the investment of the proceeds of such sale in a new homestead, or their payment out of court, as in cases of the funds of married women. ­­-…

513.600. Title. — Sections 513.600 to 513.645 shall be known and may be cited as the "Criminal Activity Forfeiture Act". ­­-------- (L. 1986 S.B. 450 § 4) Effective 3-17-86 (2014) To rebut presumption of forfeitability, defendant must allege facts supporting conclusion that seize…

513.605. Definitions. — As used in sections 513.600 to 513.645, unless the context clearly indicates otherwise, the following terms mean: (1) (a) "Beneficial interest": a. The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee hold…

513.607. Property subject to forfeiture — procedure — report required, when, contents — annual state auditor's report, contents — violations, penalty. — 1. All property of every kind, including cash or other negotiable instruments, used or intended for use in the course of, deriv…

513.610. Intervention as a party, when — possession of property upon posting bond. — 1. Any person claiming an interest in the property may become a party to the action at any time prior to judgment, whether named in the petition or not. Any party claiming a valid interest in the…

513.612. Right to file motion to dismiss — jury trial. — Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days. Any party may demand a jury trial. ­­-------- (L. 1986 S.B. 450 § 8) Effective 3-17-86

513.615. Rights of innocent party not subject to forfeiture — innocent party, defined. — The interest of an innocent party in the property shall not be subject to forfeiture. An "innocent party" is one who did not have actual knowledge that the property was used or intended for u…

513.617. CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner — release of property, restrictions — court approval of settlements — seized property not to be used in bargaining — time limitation. — 1. In the event cr…

513.620. Disposition of property after judgment. — Subject to the requirement of protecting the interest of all innocent parties, the court may after judgment of forfeiture make any of the following orders for disposition of the property: (1) Destruction of contraband, the posses…

513.623. Disposition of proceeds after sale. — The clear proceeds of any sale or disposition after satisfaction of the interest of any innocent party and after payment of the reasonable costs of the CAFA proceeding, including reasonable storage costs as assessed by the court, if …

513.625. Relations back of title, when — consequences of conveyance or alienation of property after filing of lien notice or petition. — 1. Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (1) In the c…

513.630. Statute of limitations. — Notwithstanding any other provision of law, a proceeding under this act* may be commenced up until five years after the conduct terminates or the cause of action accrues. If a criminal prosecution or civil action is brought by the state relating…

513.635. Remedies not mutually exclusive. — The application of one civil remedy under any provision of this act* shall not preclude the application of any other remedy. Remedies under this act* are supplemental and not mutually exclusive. ­­-------- (L. 1986 S.B. 450 § 14) Effect…

513.637. Enforcement of judgments — attorney general, duties — authority to enter into reciprocal agreements with other jurisdictions. — 1. Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to sec…

513.640. Lien notices, effect of filing. — 1. Upon the institution of a civil forfeiture proceeding or, if no civil suit has been instituted, upon the return of an indictment or filing of an information of a crime which may constitute criminal activity as defined in section 513.6…

513.645. Termination, release, or renewal of lien notices. — 1. The term of a CAFA lien notice shall be for a period of six months from the date of filing of the petition. Said lien notice may be renewed by the investigative agency one time prior to judgment. After judgment in fa…

513.647. Transfer of property seized by state to federal agency, procedure — transfer not to be made unless violation is a felony — property owner may challenge, procedure. — 1. No state or local law enforcement agency may transfer any property seized by the state or local agency…

513.649. Peace officers or reserve officer working with federal agency subject to law. — Any property seized by state or local peace or reserve officers who are detached to, deputized or commissioned by or working in conjunction with the federal agency shall remain subject to the…

513.651. Money acquired by law enforcement agencies, use of funds. — The moneys acquired by law enforcement agencies pursuant to this section and sections 513.647 and 513.649 shall be used only by the law enforcement agency for the investigation or prosecution of criminal activit…

513.653. Law enforcement agencies using federal forfeiture system, report of federal seizure proceeds — violation, ineligibility for certain funds. — 1. Law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federa…

513.660. Forfeiture of gambling devices, records and money. — Any gambling device or gambling record, or any money used as bets or stakes in unlawful gambling activity, possessed or used in violation of this chapter may be seized by any law enforcement officer and is forfeited to…

514.040. Plaintiff may sue as pauper, when — counsel assigned him by court — correctional center offenders, costs — waiver of costs and expenses, when. — 1. Except as provided in subsection 3 of this section, if any court shall, before or after the commencement of any suit pendin…

514.050. Issuance of writ without fees by clerk, when. — If any person file, before any clerk in vacation, an affidavit that he has a just and subsisting cause of action on which he proposes to bring a suit, and that he is unable to pay the costs, the clerk shall issue an origina…

514.060. Recovery of costs in civil actions, by whom. — In all civil actions, or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law. ­­-------- (RSMo 1939 § 1406) Prior…

514.070. Costs on motions. — On all motions the court may give or refuse costs at its discretion, unless where it is otherwise provided by law. ­­-------- (RSMo 1939 § 1407) Prior revisions: 1929 § 1243; 1919 § 1695; 1909 § 2264

514.080. Costs, when given in discretion of court. — When any defendant, in any action, shall plead several matters, any of which shall, upon motion joined, be adjudged insufficient, or if a verdict shall be found on any issue in the case for plaintiff, costs shall be given at th…

514.090. When one of several counts in a petition bad — costs, how awarded. — Where there are several counts in any petition, and any one of them be adjudged insufficient, or a verdict, or any issue joined thereon, shall be found for the defendant, costs shall be awarded at the d…

514.100. In case of several defendants, judgment in favor of one or more — costs, how awarded. — Where several persons are made defendants to any action, and any one or more of them shall have judgment in his favor, every person so having judgment shall recover his costs, in like…

514.110. In actions ex delicto, how awarded. — In all actions not founded on contract, the damages claimed in the petition shall determine the jurisdiction of the court, and if the plaintiff recover any damages he shall recover his costs. ­­-------- (RSMo 1939 § 1411) Prior revis…

514.112. Assessment of costs when court not notified in timely manner of settlement. — In addition to all other costs which are assessed in civil actions before the circuit courts of this state, whenever a civil action is settled and the circuit court in which such action was set…

514.130. In cases of certiorari, successful party to recover costs. — In all cases where either party shall sue out a certiorari upon any judgment where the same shall be allowed by law, the successful party in the superior court shall recover costs in both courts. ­­-------- (RS…

514.160. Appeals to supreme court or court of appeals, adjudication of costs. — If any person shall take an appeal from a judgment of any court to the supreme court, or to any district of the court of appeals, and the judgment shall be affirmed or the appeal discontinued or dismi…

514.170. Adjudication of costs upon dismissal of plaintiff's suit — in other cases. — Upon the plaintiff dismissing his suit, or defendant dismissing the same for want of prosecution, the defendant shall recover against the plaintiff his costs; and in all other cases it shall be …

514.180. Court may make order for payment of unpaid costs, when. — If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make an order for the payment of any unpaid costs o…

514.190. Suits by state, adjudication of costs. — In suits upon obligations, bonds, or other specialties, or on contracts, express or implied, made to or with the state, or the governor thereof, or any other person, to the use of the state, or to a county, or the use of a county,…

514.200. General judgment for costs against the state not given. — In all such cases, the judgment against the state or county shall not be for costs generally, but the amount thereof shall be expressed in the judgment, and no such judgment shall afterwards be amended so as to in…

514.205. Frivolous suit, consequences of filing — limitations. — 1. In any civil action or part of a civil action pending before any division of any court of this state including the probate division of the circuit court, if the court finds after a hearing for such purpose that t…

514.210. Person to whose use action is brought, liable to pay costs — judgment for costs in such cases, effect of. — When any suit or proceeding, instituted in the name of the state or any county, on the relation or in behalf or for the use of any private person, and where a suit…