Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

515.580. Utility service, notice required by public utility to discontinue — violations, remedies. — 1. A public utility, as defined in section 386.020, providing service to estate property may not alter, refuse, or discontinue service to the property without first giving the rec…

515.585. Contracts and leases, receiver may assume or reject — action to compel rejection — consent to assume required, when. — 1. A receiver may assume or reject any executory contract or unexpired lease of the debtor upon order of the court following notice and a hearing, which…

515.590. Unsecured credit or debt, receiver may obtain, when. — 1. If a receiver is authorized to operate the business of a debtor or manage a debtor's property, the receiver may obtain unsecured credit and incur unsecured debt in the ordinary course of business as an administrat…

515.595. Right to sue and be sued — action adjunct to receivership action — venue — judgment not a lien on property, when. — 1. A receiver has the right to sue and be sued in the receiver's capacity as such, without leave of court, in all circumstances necessary or proper for the…

515.600. Immunity from liability, when. — 1. A receiver appointed pursuant to sections 515.500 to 515.665, and the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 shall enjoy judicial immunity for acts and omissions arisin…

515.605. Employment of professionals. — 1. The receiver, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons that do not hold or represent an interest adverse to the receivership to represent or assist t…

515.610. Creditors bound by acts of receiver — right to notice and may appear in receivership — notice requirements. — 1. Creditors and parties in interest to whom are given notice as provided by sections 515.500 to 515.665 and creditors or other persons submitting written claims…

515.615. Claims administration process. — 1. The claims administration process identified in this section shall be administered by a general receiver and may be ordered by the court to be administered by a limited receiver. 2. All claims, other than claims of duly perfected secur…

515.620. Objection to a claim, procedure. — 1. At any time prior to the entry of an order approving the general receiver's final report, the receiver or any party in interest may file with the court an objection to a claim, such objection shall be in writing and shall set forth t…

515.625. Distribution of claims. — 1. Claims not disallowed by the court shall receive distribution under sections 515.500 to 515.665 in the order of priority under subdivisions (1) to (8) of this subsection* and, with the exception of subdivisions (1) to (3) of this subsection, …

515.630. Secured claims permitted against estate property. — Except as otherwise provided for by statute, estate property acquired by the estate, the receiver, or the debtor of the receiver is subject to an allowed secured claim to the same extent as would exist in the absence of…

515.635. Noncontingent liquidated claims, interest allowed, rate. — To the extent that funds are available in the estate for distribution to creditors in a general receivership, the holder of an allowed noncontingent, liquidated claim is entitled to receive interest at the legal …

515.640. Burdensome property, abandonment of, when. — The receiver or any party upon order of the court following notice and a hearing and upon the terms and conditions the court considers just and proper may abandon any estate property that is burdensome to the receiver or is of…

515.645. Use, sale, or lease of estate property by receiver. — 1. The receiver with the court's approval after notice and a hearing may use, sell, or lease estate property other than in the ordinary course of business. 2. The court may order that a general receiver's sale of esta…

515.650. Receiver may be appointed as a receiver by out-of-state court, when. — 1. A receiver appointed in any action pending in the courts of this state, without first seeking approval of the court, may apply to any court outside of this state for appointment as receiver with re…

515.655. Removal or replacement of receiver, procedure. — 1. The court shall remove or replace the receiver on application of the debtor, the receiver, or any creditor, or any party or on the court's own motion if the receiver fails to perform the receiver's duties or obligations…

515.660. Discharge of receiver. — 1. Upon distribution or disposition of all property of the estate, or the completion of the receiver's duties with respect to estate property, the receiver shall move the court to be discharged upon notice and a hearing. 2. The receiver's final r…

515.665. Orders subject to appeal. — Orders of the court pursuant to sections 515.500 to 515.665 are appealable to the extent allowed under existing law, including subdivision (2) of section 512.020. ­­-------- (L. 2016 H.B. 1765 merged with S.B. 578)

516.010. Actions for recovery of lands commenced, when. — No action for the recovery of any lands, tenements or hereditaments, or for the recovery of the possession thereof, shall be commenced, had or maintained by any person, whether citizen, denizen, alien, resident or nonresid…

516.020. Right of possession not affected by descent. — The right of any person to the possession of any lands, tenements or hereditaments shall not be impaired or affected by descent, cast in consequence of the death of any person in possession of any such estate. ­­-------- (RS…

516.030. Disabilities — twenty-one years. — If any person entitled to commence any action in sections 516.010 and 516.090 specified or to make any entry be, at the time such right or title shall first descend or accrue, either within the age of eighteen years, or mentally incapac…

516.040. Possession of land under color of title, effect. — The possession, under color of title, of a part of a track or lot of land, in the name of the whole tract claimed, and exercising, during the time of such possession, the usual acts of ownership over the whole tract so c…

516.050. Limitation where person under disability dies. — If any person entitled to commence such action or to make such entry die during the continuance of any disability specified in section 516.030 and no determination or judgment be had of the title, right or action to him ac…

516.070. Limitation where equitable title to land emanates from government. — Whenever any real estate, the equitable title to which shall have emanated from the government more than ten years, shall thereafter, on any date, be in the lawful possession of any person, and which sh…

516.080. When legal title has not emanated from the United States. — In all cases in which the legal title has not yet emanated from the government of the United States, but in which there has been an equitable right or title for more than twenty years, under which a claimant has…

516.090. Statute not to extend to certain lands. — Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this state. This section shall be constru…

516.095. Action for breach of covenant restricting land use, barred, when. — No action for breach of a covenant restricting use of land caused or resulting from the size, height, cost or location of buildings or other visible improvements on the premises in violation of the coven…

516.097. Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions. — 1. Any action to recover damages for economic loss, personal injury, property damage or wrongful d…

516.098. Surveys of land error or omissions — action must be brought when. — Except where fraud is involved, no action to recover damages for an error or omission in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error or o…

516.100. Period of limitation prescribed. — Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections…

516.103. No tolling by filing of administrative actions, certain suits. — The time for commencement of any suit provided for in sections 516.380, 516.390 and 516.400, shall not be tolled by the filing or pendency of any administrative complaint or action and no such suit may be b…

516.105. Actions against health care and mental health providers (medical malpractice). — 1. All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, ment…

516.110. What action shall be commenced within ten years. — Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be bro…

516.120. What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is…

516.130. What actions within three years. — Within three years: (1) An action against a sheriff, coroner or other officer, upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the …

516.140. What actions within two years. — Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140. An action by an employee for the payment of …

516.145. What actions within one year. — Within one year: all actions brought by an offender, as defined in section 217.010, against the department of corrections or any entity or division thereof, or any employee or former employee for an act in an official capacity, or by the o…

516.150. No action to foreclose mortgage after note barred. — No suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has been barred by the s…

516.155. Mortgages last maturing obligation is due, how determined — future advances on real property security instrument statute begins to run, when. — 1. Except as provided in subsection 2 of this section, whenever under the provisions of section 516.150 "the date at which the …

516.160. In account current, when cause of action accrued. — In an action brought to recover a balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from time of the las…

516.170. May delay filing of action, when. — Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated,…

516.180. On death of person under disability, cause of action survives. — If any person so entitled to sue, die before the expiration of the time herein limited for the commencement of such suit, if such cause of action shall survive to his representatives, his executor or admini…

516.190. Limitations on actions originating in other states. — Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts of this …

516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. — If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action ma…

516.210. Time not to be computed during a war. — Whenever any person shall be disabled to prosecute in the courts of this state by reason of his being an alien, subject or citizen of any country at war with the United States, the time of the continuance of such war shall not be d…

516.220. Not to apply to what. — Section 516.210 shall not apply to actions for any penalty or forfeiture given by any statute of this state. ­­-------- (RSMo 1939 § 1025) Prior revisions: 1929 § 873; 1919 § 1328; 1909 § 1899

516.230. Further savings in cases of nonsuits. — If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgmen…

516.240. If defendant dies, when and against whom new suit to be brought. — If any action is commenced within the time prescribed in sections 516.010 to 516.230, and the defendant in the suit dies before judgment, and if the right of action is such as survives against the represe…

516.250. Suit abated by death of plaintiff, when — when and by whom new suit brought. — When an action commenced within the time prescribed by law shall abate by reason of the death of the plaintiff, if the right of action survived to his representatives, his executor or administ…

516.260. Suit stayed by injunction, time not computed. — Whenever the commencement of any suit shall be stayed by an injunction of any court or officers authorized to grant the same, the time during which such injunction shall be in force shall not be deemed any portion of the ti…