Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

514.240. Tender without deposit stops interest or accumulation of damages. — Where tender and no deposit shall be made, as provided in section 514.230, the tender shall only have the effect, in law, to prevent the running of interest or accumulation of damages from and after the …

514.250. Tender in court after suit brought — when plaintiff shall pay all costs from the time of such tender. — If, in any suit pending, the defendant shall, at any time, deposit with the clerk, for the use of the plaintiff, the amount of the debt or damages he admits to be due,…

514.260. Duty of clerk in taxing bill of costs. — The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall…

514.270. Retaxation of costs, when made — effect. — Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court in which the action or proceeding was had, and in such retaxation all errors shall be corrected by the court; and …

514.280. Supreme court or appellate court to retax costs, when — order fees refunded. — In all cases of appeal in the supreme court and the court of appeals, it shall be the duty of the court, whenever the transcript of a record shall contain any unnecessary matter had before the…

514.303. Costs of enforcing judgment, how awarded — how certified. — All costs involved in the execution and sale of property pursuant to judgment, except attorney's fees, may be awarded as judgment in favor of the party incurring such costs, including moving expenses, insurance,…

514.310. Fee bill and writ of fieri facias to contain written or printed itemized statement of costs. — Every fee bill and every writ of fieri facias issuing out of any court of record in this state, shall have written or printed thereon a true statement of each and every item of…

514.330. Court costs — collection. — The clerks who are responsible by law or court rule for collecting court costs shall strictly examine the accounts of all court costs accruing during the progress of any civil suit pending in divisions for which they are responsible for collec…

514.335. Guardian ad litem appointed for minors not party to action, compensation. — In any court case or proceeding in which a guardian ad litem is appointed by the court to safeguard the interests of a minor and in which the minor is not a party, the court may enter judgment in…

515.010. Cases referred by consent. — All or any of the issues of fact in the action may be referred upon the written consent of the parties. ­­-------- (RSMo 1939 § 1141) Prior revisions: 1929 § 975; 1919 § 1425; 1909 § 1995

515.020. When referred by order of court. — Where the parties do not so consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases: (1) Where the trial of an issue of fact shall require the examination of a long account…

515.030. Parties may agree upon referees or court shall appoint. — In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three; and, upon filing such agreement, the reference shall be ordered accor…

515.040. Referees to be disinterested parties. — No person shall be appointed referee who is of kin to either party, or is interested in the event of the action. ­­-------- (RSMo 1939 § 1145) Prior revisions: 1929 § 979; 1919 § 1429; 1909 § 1999

515.050. Oath of referees. — Before proceeding to hear any testimony in the cause, they shall take and subscribe an oath before some officer duly authorized to administer an oath, faithfully and fairly to hear and examine the cause, and to make a just, impartial and true report, …

515.060. Referees to hear and determine cause without delay. — The referee or referees appointed in pursuance of any order of reference shall proceed with diligence to hear and determine the matter in controversy. ­­-------- (RSMo 1939 § 1144) Prior revisions: 1929 § 978; 1919 § …

515.070. Appointment in case of death or removal of referee. — In case of the death or removal from the state of a referee, another shall, if necessary and proper, be appointed to fill the vacancy. ­­-------- (RSMo 1939 § 1146) Prior revisions: 1929 § 980; 1919 § 1430; 1909 § 200…

515.080. Referees must all meet and conduct hearing. — If more than one referee be appointed, all the referees must meet together and hear all the proofs and allegations of the parties; but a report made and every other act done by a majority of them, shall be valid. ­­-------- (…

515.090. Hearing — notice — adjournments. — They shall appoint a time and place for the hearing, and give ten days' notice thereof, in writing, to all the parties, and if either party being notified shall fail to appear, they shall proceed ex parte, and shall adjourn the hearing,…

515.100. Service of notices, how and by whom made. — All notices required to be given by the referees or others, in the progress of a cause, shall be served by reading the same or delivering a copy to the person to be notified, and may be served by the sheriff or other officer au…

515.110. Power to compel attendance of witnesses. — They shall have the same power that may be given by law to associate circuit judges, to issue subpoenas for witnesses, and to compel their attendance by attachment, to administer oaths, and punish contempts committed in their pr…

515.120. Service of notices and subpoenas. — Such notices and all subpoenas for witnesses in any cause may also be served by any person being a competent witness in the cause; and the affidavit of such person shall be received as evidence of the facts stated relating to the servi…

515.130. May compel parties to testify and produce documents. — They shall have power, as courts of record have, to examine the parties on oath, to be administered by the referees, or either of them, and to require the production of all books, papers and documents in the custody …

515.140. Punishment of parties for contempt. — If any party shall neglect or refuse to account, pursuant to proper notice, or to produce any books, papers or documents required by the referees, the referees may proceed against the party for his disobedience and imprison him until…

515.150. Punishment for refusal to testify. — If either party shall refuse to be sworn, or when sworn shall refuse to answer any proper question, the referees may imprison him until he consents to be sworn or to answer such question. ­­-------- (RSMo 1939 § 1155) Prior revisions:…

515.160. Depositions may be taken and read. — Depositions of witnesses or parties regularly taken in the cause may be read in evidence before the referees, as in cases of trials before the court. ­­-------- (RSMo 1939 § 1150) Prior revisions: 1929 § 984; 1919 § 1434; 1909 § 2004…

515.170. Testimony to be written — exceptions to be stated in report. — All testimony taken before referees shall be reduced to writing, and if either party shall except to the competency of a witness or the admission or exclusion of evidence, or any other matter to which excepti…

515.180. Court may compel referees to hear and report. — The referees may be compelled, by the order of the court in which the cause is pending, to proceed to the hearing and make a report. And the court may require them to report their decision, in admitting or rejecting any wit…

515.190. Report of referees. — The referees shall, in all cases, report as speedily as possible, reciting the order of the court, and showing the notice to the parties, the time and place of stating the account or taking the testimony, and all other proceedings had, and return th…

515.200. Exceptions to report. — All exceptions to the report of the referees shall be in writing, and filed within four days, in term, after the report is filed, and shall be argued without delay. ­­-------- (RSMo 1939 § 1158) Prior revisions: 1929 § 992; 1919 § 1442; 1909 § 201…

515.210. Proceedings on report. — If exceptions are sustained the matter may again be referred, with instructions, if necessary, but if the report is confirmed by the court, judgment shall be rendered thereon in the same manner and with like effect as upon a special verdict. ­­--…

515.220. Compensation of referees. — Referees, in the absence of any special agreement, shall receive such compensation for their services as the court in which the case is pending may allow, not exceeding ten dollars per day. ­­-------- (RSMo 1939 § 1162) Prior revisions: 1929 §…

515.230. Compensation of witnesses and officers. — Witnesses shall receive the same fees for attending before arbitrators and referees that they may be allowed them for attending before the circuit court in civil cases; and sheriffs and all other officers shall be entitled to the…

515.500. Citation of law. — Sections 515.500 to 515.665 may be cited as the "Missouri Commercial Receivership Act". ­­-------- (L. 2016 H.B. 1765 merged with S.B. 578)

515.505. Definitions. — As used in sections 515.500 to 515.665, the following terms shall mean: (1) "Affiliate": (a) A person that directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting interests of a debtor, other than…

515.510. Court authorized to appoint receiver, when, procedure. — 1. To the extent the appointment of a receiver is not otherwise provided for pursuant to sections 49.555, 82.1026, 91.730, 198.099, 257.450, 276.501, 287.360, 287.875, 351.498, 351.1189, 354.357, 354.480, 355.736, …

515.515. General and limited receivers. — A receiver shall be either a general receiver or a limited receiver. A receiver shall be a general receiver if the receiver is appointed to take possession and control of all or substantially all of a debtor's property and provided the po…

515.520. Notice of appointment, content. — 1. Upon entry of an order appointing a receiver or upon conversion of a limited receiver to a general receiver pursuant to section 515.515 and within ten business days thereof, or within such additional time as the court may allow, the r…

515.525. Replacement of receiver, when. — Except as provided in sections 515.500 to 515.665 or otherwise by statute, any person, whether or not a resident of this state, may serve as a receiver. A person may not be appointed as a receiver, and shall be replaced as receiver if alr…

515.530. Bond requirements. — Except as otherwise provided for by statute or court rule, before entering upon duties of receiver, a receiver shall execute a bond with one or more sureties approved by the court, in the amount the court specifies, conditioned that the receiver will…

515.535. Receiver to have powers and priority of creditor. — As of the time of appointment, and subject to the provisions of subdivision (3) of subsection 3 of section 515.575, the receiver shall have the powers and priority as if it were a creditor that obtained a judicial lien …

515.540. Court to have exclusive authority, when. — 1. Except as otherwise provided for by sections 515.500 to 515.665, the court in all cases has exclusive authority over the receiver, and the exclusive possession and right of control with respect to all real property and all ta…

515.545. Powers, authority, and duties of receivers. — 1. A receiver has the following powers and authority: (1) To incur or pay expenses incidental to the receiver's preservation and use of estate property, and otherwise in the performance of the receiver's duties, including the…

515.550. Estate property, turnover of upon demand — court action to compel. — 1. Upon demand by a receiver, any person, including the debtor, shall turn over any estate property that is within the possession or control of that person unless otherwise ordered by the court for good…

515.555. Debtor duties and requirements. — 1. In addition to other duties and requirements set forth in sections 515.500 to 515.665 and as ordered by the court, the debtor shall: (1) Within fourteen days of the appointment of a general receiver, make available for inspection by t…

515.560. Debtor to file schedules, when. — 1. Within thirty days after the date of appointment of a general receiver, the debtor shall file with the court and submit to the receiver the following schedules: (1) A true list of all of the known creditors and applicable regulatory a…

515.565. Appraisal not required without court order. — 1. A receiver shall not be obligated to obtain any appraisal or other independent valuation of property in the receiver's possession unless ordered by the court to do so. 2. A court may order the receiver to file such additio…