Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

516.270. Disability not to avail, unless. — No person shall avail himself of any disability herein enumerated, unless such disability existed at the time his right of action or of entry accrued. ­­-------- (RSMo 1939 § 1030) Prior revisions: 1929 § 878; 1919 § 1333; 1909 § 1904…

516.280. Limitation not to be extended by improper acts of defendant. — If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of …

516.290. Effect of two or more existing disabilities. — When there are two or more disabilities existing at the time the right of action of entry accrued, the limitation herein prescribed shall not attach until all such disabilities be removed. ­­-------- (RSMo 1939 § 1032) Prior…

516.300. Actions otherwise limited. — The provisions of sections 516.010 to 516.370 shall not extend to any action which is or shall be otherwise limited by any statute; but such action shall be brought within the time limited by such statute. ­­-------- (RSMo 1939 § 1033) Prior …

516.310. Demands against corporations. — Nor shall any of said provisions apply to suits brought to enforce payment of bills, notes or other evidences of debt issued by moneyed corporations. ­­-------- (RSMo 1939 § 1034) Prior revisions: 1929 § 882; 1919 § 1337; 1909 § 1908

[Repealed or reserved.]

516.330. One joint debtor cannot revive a demand against other debtor. — If there be two or more joint contractors or joint executors or administrators of any contractor, no such joint contractor or executor or administrator shall lose the benefit of the provisions of sections 51…

516.340. Sections 516.320 and 516.330 construed. — Nothing contained in sections 516.320 and 516.330 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person. ­­-------- (RSMo 1939 § 1037) Prior revisions: 1929 § 885; 1919 § 1340; 1…

516.350. Judgments presumed to be paid, when — presumption, how rebutted — inclusion in the automated child support system — judgment for unpaid rent, revived by publication. — 1. Every judgment, order or decree of any court of record of the United States, or of this or any other…

516.360. Sections 516.010 to 516.370 to apply to the state as well as to private parties. — The limitations prescribed in sections 516.010 to 516.370 shall apply to actions brought in the name of this state, or for its benefit, in the same manner as to actions by private parties.…

516.370. Limitation not to apply to setoffs, when. — When a defendant in action has interposed an answer, as a defense, setoff or counterclaim, upon which he would be entitled to reply in such action, the remedy upon which, at the time of the commencement of such action, was not …

516.371. Limitation on action for sexual contact by certain persons. — Notwithstanding any provision of law to the contrary, there shall be a ten-year statute of limitation on any action for damages for personal injury caused to an individual by a person within the third degree o…

516.380. Actions on penal statutes to be brought in one year. — All actions and suits, upon any statute, for any penalty or forfeiture given in whole or in part to any person who will prosecute for the same, shall be commenced within one year after the commission of the offense, …

516.390. When penalty goes to the state, within two years. — If the penalty is given in whole or in part to the state, or to any county or city, or to the treasury thereof, a suit therefor may be commenced, by or in behalf of the state, county or city, at any time within two year…

516.400. When penalty goes to party aggrieved, three years. — All actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved, shall be commenced within three years after the commission of the offense, and not after. ­­-------- (RSMo 1…

516.410. Sections 516.380 to 516.400 construed. — Sections 516.380 to 516.400 shall not apply to any bill, complaint, information, indictment or action, which is or shall be limited by any statute to be brought, had, commenced or prosecuted within a shorter or longer time than is…

516.420. When not to apply to corporations. — None of the provisions of sections 516.380 to 516.420 shall apply to suits against moneyed corporations or against the directors or stockholders thereof, to recover any penalty or forfeiture imposed, or to enforce any liability create…

516.500. Legislative bills, actions on procedural defect in enactment, time limitations, exceptions. — No action alleging a procedural defect in the enactment of a bill into law shall be commenced, had or maintained by any party later than the adjournment of the next full regular…

517.011. Applicability of chapter. — 1. The provisions of this chapter shall apply to the practice and procedure in civil cases originally filed before associate circuit judges in hearing and determining the following cases or classes of cases: (1) Except as otherwise provided by…

517.021. Rules of civil procedure to apply. — The rules of civil procedure shall apply to cases or classes of cases to which this chapter is applicable, except where otherwise provided by law. ­­-------- (L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

517.031. Petition required, form — affirmative defenses, counterclaims, cross-claims, filing — extension of filing, when. — 1. The plaintiff shall file a written petition containing the facts upon which the claim is founded. A copy of any written instrument or account in support …

517.041. Summons, how served. — 1. The process in all cases shall be a summons with a copy of the petition of the plaintiff attached, directed to the sheriff or other proper person for service on the defendant. The summons shall command the defendant to appear before the court on…

517.051. When case to be tried. — Every case shall be tried upon the return date of the summons, when the summons has been duly and timely served, or on a date to which the case has been continued. ­­-------- (L. 1985 S.B. 5, et al.) Effective 1-01-87

517.061. Change of venue and change of judge, when — how filed. — Change of venue and change of judge shall be for the same reasons and in the same manner as provided in the rules of civil procedure except that the application shall be filed not later than five days before the re…

517.071. Continuation of case, when — rescheduling. — 1. A case shall be continued to a day certain upon the request of any party made on or before the return date of the summons. 2. A case may be continued to a day certain, not exceeding thirty days, upon: (1) The motion of the …

517.081. Case certified to presiding judge of circuit, when. — A case shall be certified for assignment by the presiding judge of the circuit or in accordance with local rules when: (1) A party files a petition, a counterclaim, cross claim or third-party petition that independent…

517.091. Trial by jury, when waived — jury trial, how granted — composition of jury. — 1. In any case triable before a jury, a trial by jury shall be deemed waived unless written demand be filed not later than five days before the return date of summons or the date set for trial,…

517.101. Dismissal of claim or portion of claim, when. — A pleading stating a claim or any portion thereof may be dismissed without prejudice at the costs of the claiming party when: (1) That party requests such dismissal at any time before the trial is commenced; or (2) A party …

517.111. Dismissal of case or judgment by default or consent, how entered. — 1. When a case is dismissed, or judgment is by default or consent, such judgment shall be entered forthwith by the judge. 2. When a case is tried before a judge without a jury, judgment shall be entered …

517.121. Judgment by consent, when entered. — A judgment by consent may be entered when there is consent by all parties made after the filing of the petition either in open court or by a written consent filed with the court and signed by each party or the attorney for such party.…

517.131. Default judgment, when entered. — A default judgment may be entered in favor of a party filing a claim upon appearance by such party in person or by attorney upon written oath made by such party or upon such evidence as may be determined by the judge when the opposing pa…

517.132. Written instrument which is basis of claim, counterclaim or cross-claim admissible as evidence, when. — If any suit, setoff, counterclaim or cross claim is based upon a written instrument purporting to have been executed by the opposite party, and the same or a verified …

517.141. Transcript of judgment, treatment of — duty of clerk. — On demand of any person interested therein, whether by assignment or otherwise, every clerk or officer who shall be in possession of the record of judgment shall give to such person a certified transcript of such ju…

517.151. Judgment to be lien on real estate from time of filing transcript — fees for filing — revival of lien. — From the time of filing the transcript, every such judgment shall have the same lien on the real estate of the defendant in the county as is given judgments rendered …

517.161. Procedure in certain cases filed prior to January 1, 1987 — effective date of certain sections. — The provisions of sections 66.060, 478.225, 482.325, 482.365, 506.010, 512.180, 517.011 to 517.151, 521.420, 535.020, 535.040, 535.110, 535.160 and 546.595 shall become effe…