Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

507.050. Misjoinder of parties. — 1. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped, added, or severed by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim…

507.060. Persons having claims against plaintiff or plaintiff's insured may be joined as defendants and required to interplead, when — limitation on liability, when — dismissal not required, when. — 1. Persons having claims against the plaintiff or plaintiff's insured may be join…

507.070. Class actions — representatives — secondary actions by stockholders — dismissal or compromise. — 1. If persons constituting a class are very numerous or it is impracticable to bring them all before the court, such of them, one or more, as will fairly insure adequate repr…

507.080. Third-party notice — when defendant may bring in third party — notice to plaintiff — third party to file petition, when. — 1. Before filing his answer, a defendant may move ex parte or, after the filing of his answer, on notice to the plaintiff, for leave as a third-part…

507.090. Intervention — when as of right and when permissive — procedure. — 1. Upon timely application anyone shall be permitted to intervene in an action (1) When a statute confers an unconditional right to intervene; or (2) When the representation of the applicant's interest by…

507.100. Substitution of parties upon death, mental incapacity or transfer of interest. — 1. (1) If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successor…

507.110. Suits by infants, how prosecuted. — Suits by infants may only be commenced and prosecuted, either: First, by a duly appointed guardian or conservator of such infant; or, second, by a next friend appointed for him in such suit; or, third, if asserted by counterclaim, by a…

507.115. Infant defined for civil suit purposes. — As used in sections 507.110 to 507.220, the term "infant" means any person who has not attained the age of eighteen years. All persons of the age of eighteen years or older, not otherwise disqualified, may commence, prosecute, or…

507.120. Appointment of next friend, by whom. — The appointment of a next friend for an infant shall be made by the court in which the suit is intended to be brought, or by a judge or clerk thereof. ­­-------- (RSMo 1939 § 860) Prior revisions: 1929 § 709; 1919 § 1166; 1909 § 174…

507.130. How appointed. — Such appointment shall be made on the petition in writing of such infant, if of the age of fourteen years, and the written consent of the person proposed to be next friend to such infant acknowledged before, or proved to the court or officer making the a…

507.140. Appointment when minor is under fourteen years old. — If such infant be under the age of fourteen years, the appointment of a next friend may be made upon like petition of a relative or friend of the infant, in which case a notice thereof must first be given to the perso…

507.150. Bond of person acting for infant, when — effect of failure to give. — 1. Before a next friend or guardian ad litem can receive or receipt for any money or property, personal or real, and before he can acknowledge satisfaction or discharge of any judgment, he must execute…

507.160. Bond filed, where. — Such bond shall be delivered to such officer before the appointment shall be made, and shall be filed in the office of the clerk of the court in which the suit is to be brought. ­­-------- (RSMo 1939 § 864) Prior revisions: 1929 § 713; 1919 § 1170; 1…

507.170. Petition and appointment filed before further proceedings. — The petition for the appointment of a next friend, the written consent of the person proposed to be next friend, and the order of appointment, shall be filed in the office of the clerk of the court where the su…

507.180. Guardian, conservator and next friend liable for costs. — The guardian, conservator, or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provi…

507.182. Next friend, conservator, or guardian may employ attorney and incur expenses. — The next friend, guardian ad litem or guardian or conservator shall have authority without an order of court to contract for and employ an attorney upon a reasonable fee, including one contin…

507.184. Powers of next friend, GAL, conservator or guardian on trial and settlement — court approval — settlement of claims permitted. — 1. The next friend, guardian ad litem or guardian or conservator shall have the power and authority, subject to the approval of the court, to …

507.186. Substitution of conservator for next friend or guardian ad litem — effect of contracts. — 1. At any time during the preparation or prosecution of such action or claim, before or after judgment or appeal, the minor's duly appointed conservator may be substituted for the n…

507.188. Disposition of proceeds of claim — discharge of next friend or guardian ad litem. — 1. If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount equal to or less than ten thousand…

507.190. Suits against infants not to proceed without guardian ad litem. — After the commencement of a suit against an infant defendant, and the service of process upon him, the suit shall not be prosecuted any further until a guardian ad litem for such infant be appointed. ­­---…

507.200. Appointment of guardian ad litem. — The appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if of the age of fourteen years or more, or, if such…

507.210. Appointment of guardian ad litem, when. — If such infant defendant neglects, for one day after the expiration of the time within which the infant defendant is summoned to appear to the suit, to procure the appointment of a guardian ad litem to defend the suit, the court …

507.220. Guardian ad litem, liable only for costs in case of misconduct. — No person appointed guardian ad litem for an infant, for the purpose of defending a suit against such infant, shall be liable for the costs of such suit, unless specially charged by the order of the court …

507.230. Who made defendants in suit against city. — 1. Whenever a city of over one hundred and fifty thousand inhabitants shall be sued in any court in this state and the cause of action on account of which said city is sued shall arise from the wrongful or unauthorized acts or …

508.010. Venue for nontort and tort suits. — 1. (1) As used in this section, "principal place of residence" shall mean the county which is the main place where an individual resides in the state of Missouri. There shall be only one principal place of residence. (2) For an individ…

508.011. Change of venue, state statute prevails if in conflict with supreme court rules. — To the extent that rule 51.03 of the Missouri rules of civil procedure contradicts any provision of this chapter, the provisions of this chapter shall prevail regarding any tort claim. ­­-…

508.012. Transfer of case based on addition, removal or severance of a plaintiff or defendant prior to commencement of trial. — At any time prior to the commencement of a trial, if a plaintiff or defendant, including a third-party plaintiff or defendant, is either added to, remov…

508.013. Venue for actions filed after or pending as of February 13, 2019. — 1. The provisions of sections 507.040, 507.050, 508.010, 508.012, and 537.762 shall apply to any action filed after February 13, 2019. A plaintiff who is a resident of Missouri and who has a case that: (…

508.020. Suits by attachment or replevin, where commenced. — Suits commenced by attachment against the property of a person, or in replevin or claim and delivery of personal property, where the specific property is sought to be recovered, shall be brought in the county in which s…

508.030. Actions for real estate, where commenced. — Suits for the possession of real estate, or whereby the title thereto may be affected, or for the enforcement of the lien of any special tax bill thereon, shall be brought in the county where such real estate, or some part ther…

508.050. Suits against municipal corporations, where commenced. — Suits against municipal corporations as defendant or codefendant shall be commenced only in the county in which the municipal corporation is situated, or if the municipal corporation is situated in more than one co…

508.060. Actions against counties, where instituted. — All actions whatsoever against any county shall be commenced in the circuit court of such county, and prosecuted to final judgment and execution therein, unless removed by change of venue to some other county, in which case t…

508.072. Suits against issuers of bad checks to the department of revenue, where commenced, when commenced — notice of election of venue to be given, when. — 1. Civil and criminal suits against issuers of checks payable to the Missouri department of revenue which are returned bec…

508.074. Civil action, transfer of prohibited if result is application of foreign law. — No state court, arbitration panel, tribunal, or administrative agency shall transfer any civil action if such transfer would result in the application of any other foreign law, as the term fo…

508.080. Removal of suits by consent. — If at any time after the commencement of a suit the parties shall agree in writing, duly filed, upon any other county or court of competent jurisdiction, to which they desire the same to be removed, it shall, by order of the court, be remov…

508.090. Judge disqualified — change of venue granted, when. — 1. The judge of a court of record may be disqualified in any civil suit for any of the following causes: (1) That the judge is interested or prejudiced, or is related to either party, or has been of counsel in the cau…

508.100. Judge disqualified without application, when — exception. — If a judge is interested in the cause before him, or related to either party, or has been of counsel in the cause, the court, without application from either party, shall either call in another circuit judge to …

508.110. Judge disqualified, case transferred to another division of court, when. — In all circuits composed of a single county which have more than four hundred thousand inhabitants, and in which there are two or more judges, when legal objection is made to the circuit judge ass…

508.130. Application for disqualification of judge or change of venue — contents. — Any party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge or for a change of…

508.140. After notice given, duty of court. — 1. If reasonable notice has been given to the adverse party or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it is sufficient, the judge shall be disqualified or a change of ven…

508.150. Written order for change in vacation. — If any judge award such change of venue in vacation, he shall immediately transmit to the clerk of the court wherein the cause is pending the petition and affidavit, with a written order for the change of venue. ­­-------- (RSMo 19…

508.160. Pleadings to be made up before award of change of venue. — In all cases of application for a change of venue, all pleadings shall be filed and the issues made up before the entry awarding the change is made; but after the change of venue, any pleading found insufficient …

508.170. After change, clerk to transmit record. — When any such order shall be made by the court or judge, the clerk shall immediately make out a full transcript of the record and proceedings in the cause, including the petition and affidavit and order of removal, and transmit t…

508.180. Clerk to file and docket cause when transmitted. — The clerk of the court to which such cause is certified shall file the same, and the cause shall be docketed, proceeded in and determined as if it had originated therein. ­­-------- (RSMo 1939 § 1066, A. 1949 H.B. 2118) …

508.190. Party applying to pay costs, when — paid to which county — jury selection and service costs paid by county in which case originated. — 1. All the costs and expenses attending any such change of venue, made on the application of either party, shall be taxed against and pa…

508.240. Failure of clerk to transmit, or loss of record, proceedings. — If any clerk fail to transmit the transcript and papers in any cause, the venue whereof has been changed, or if they be sent and lost, such loss or failure shall not operate as a discontinuance of such cause…