Missouri Rules of Civil Procedure
Current through January 1, 2018
Part 41 · General
Part 43 · Service and Filing of Pleadings and Papers
Part 44 · Time
Part 45 · Courts Always Open
Part 47 · Terms of Court
Part 48 · Vacation and Judicial Sales
Part 49 · Forms of Writs and Other Process
Part 50 · Rules of Missouri Court of Appeals and Trial Courts
Part 51 · Venue, Including Change of Venue and Change of Judge
- 51.01 Jurisdiction and Venue not Affected
- 51.02 Change of Venue By Agreement Deadlines
- 51.03 Change of Venue from Inhabitants as Matter of Right in Counties of Seventy-five Thousand or Less Inhabitants – Procedure Deadlines
- 51.04 Change of Venue From Inhabitants for Cause – Procedure Deadlines
- 51.045 Transfer of Venue When Venue Improper Deadlines
- 51.05 Change of Judge – Procedure Deadlines
- 51.06 Joint Application for Change of Venue and Change of Judge – When Required – Procedure
- 51.07 When Judge Disqualified Without Application
- 51.08 Pleadings Need Not Be Completed Before Change of Venue is Ordered
- 51.09 Clerk to Transmit File After Change of Venue
- 51.10 Clerk to File and Docket Civil Action When Transferred
- 51.11 Change of Venue and Change of Judge – Costs – How Taxed
- 51.12 Failure of Clerk to Transmit, or Loss of, Record – Proceedings
- 51.13 Order of Change of Venue May Be Annulled, When
- 51.14 Jurisdiction of Judge and Court in Civil Actions Removed
- 51.15 Disqualification of Family Court Commissioner
Part 52 · Parties
- 52.01 Civil Actions – In Whose Name Prosecuted – Suits in Representation Capacity – Civil Actions in Name of State – Real Property in Interest to Bring Civil Action
- 52.02 Civil Actions By and Against Minors and Mentally or Physically Infirm Deadlines
- 52.03 Parties to Civil Action When Claim for Relief Accrues Under Law of Another State – Proceeds, How Distributed
- 52.04 Joinder of Persons Needed for Just Adjudication
- 52.05 Who may Join as Plaintiff and Defendant – Protective Orders, When
- 52.06 Misjoinder and Nonjoinder of Parties
- 52.07 Interpleader
- 52.08 Class Actions
- 52.09 Derivative Actions by Shareholders
- 52.10 Actions Relating to Unincorporated Associations
- 52.11 Third-Party Practice Deadlines
- 52.12 Intervention
- 52.13 Substitution of Parties – Dismissal Deadlines
Part 53 · Commencement of Civil Action
Part 54 · Issuance and Service of Summons and Other Process
- 54.01 Clerk to Issue Process – Separate or Additional Summons
- 54.02 Summons Shall Be Signed By Clerk
- 54.04 Summons – Service
- 54.05 Deputies Acting for Clerk or Sheriff
- 54.06 Service Outside the State on Persons, Firms or Corporations Who Do Certain Acts in This State
- 54.07 Service Outside the State on Persons Domiciled in or Residents of This State
- 54.08 Service on Nonresident Motorists or Nonresident Watercraft Owners or Operators
- 54.09 Service on Foreign Corporations
- 54.10 Service on Insurance Companies Not Authorized To Do Business in This State
- 54.12 Service - In Rem or Quasi In Rem Civil Actions Deadlines
- 54.13 Personal Service Within the State Deadlines
- 54.14 Personal Service Outside the State
- 54.15 Service on Secretary of State, Secretary of Public Service Commission and Director of Insurance
- 54.16 Acknowledgment of Service By Mail Deadlines
- 54.18 Service Authorized by Statute
- 54.19 Provisions No Bar to Personal Service in State
- 54.20 Proof of Service
- 54.21 Time for Service and Return Deadlines
- 54.22 Court May Allow Process, Return or Proof of Service to be Amended, When
Part 55 · Pleadings, Motions, and Hearings
- 55.01 Pleading Required
- 55.02 Caption of Pleading – What Set Forth
- 55.025 Redaction Requirements
- 55.03 Signing of Pleadings, Motions and Other Papers; Appearance and Withdrawal of Counsel; Representations to Court; Sanctions Deadlines
- 55.04 Technical Forms Not Required in Pleading
- 55.05 Pleading Setting Forth Claims for Relief Shall Contain What
- 55.06 Joinder of Claims and Remedies
- 55.07 Defenses – Form of Denials
- 55.08 Affirmative Defenses
- 55.09 Failure to Deny, Effect
- 55.10 Pleading in Alternative – Consistency
- 55.11 Averments, How Made
- 55.12 Adoption of Statements By Reference – Exhibits
- 55.13 Averments as to Capacity or Authority of Parties to Sue or be Sued
- 55.14 Partnership Deemed Confessed, Unless Denied
- 55.15 Particularity Required in All Averments of Fraud or Mistake
- 55.16 Averments and Denial of Conditions Precedent
- 55.17 Official Documents or Acts – Form of Pleading
- 55.18 Judgments and Decisions – Form of Pleading
- 55.19 Special and Punitive Damages
- 55.20 Libel and Slander Averments – Defenses
- 55.21 Pleading a Private Statute or Right Derived Therefrom, and Judicial Notice of Law of Other States
- 55.22 Pleading Written Instrument, Assignments and Attorney Fees
- 55.24 Pleadings, How Construed
- 55.25 Time of Pleading Deadlines
- 55.26 Motions, Form of
- 55.27 Defenses and Objections – How Presented – By Pleading or Motion – Motion for Judgment on the Pleadings Deadlines
- 55.28 Evidence on Motions
- 55.29 Place of Hearing and Acts in Chambers
- 55.30 Times and Places for Hearings to be Established – Use of Telephone or Video Conference – Oral Hearing – Submission on Written Statements Without Oral Hearing
- 55.31 Objection That No Demand Has Been Made Not Available, When
- 55.32 Counterclaim and Cross-Claim
- 55.33 Amended and Supplemental Pleadings Deadlines
- 55.34 Remand of Case Removed to Federal Court Deadlines
Part 56 · General Provision Governing Discovery
Part 57 · Interrogatories and Depositions
- 57.01 Interrogatories to Parties Deadlines
- 57.02 Depositions Before Action or Pending Appeal Deadlines
- 57.03 Depositions Upon Oral Examination Deadlines
- 57.04 Depositions Upon Written Questions Deadlines
- 57.05 Persons Before Whom Depositions May Be Taken
- 57.06 Presiding Officer For Deposition
- 57.07 Use of Depositions in Court Proceedings Deadlines
- 57.08 Depositions for Use in Foreign Jurisdictions
- 57.09 Subpoena for Taking Deposition Deadlines
- 57.10 Taxing and Certifying Costs
Part 58 · Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Part 59 · Admission of Facts and of Genuineness of Documents
Part 60 · Physical and Mental Examination of Persons
Part 61 · Enforcement of Discovery: Sanctions
Part 62 · Pre-Trial Conferences
Part 63 · Trial Settings
Part 65 · Continuances
- 65.01 Court May Continue a Civil Action to a Fixed Day
- 65.02 Continuance in Civil Actions Against Non-residents
- 65.03 Motion for Continuance, How Made Deadlines
- 65.04 Motion for a Continuance on Account of Absence of Witnesses Shall Show What
- 65.05 Affidavit for Continuance – Amendment – Admission of Facts Set Forth
Part 66 · Consolidation of Civil Actions and Separate Trials
Part 67 · Dismissal of Civil Actions
- 67.01 Dismissal Without Prejudice and With Prejudice
- 67.02 Voluntary Dismissal – Effect of Deadlines
- 67.03 Involuntary Dismissal – Effect Thereof
- 67.04 Dismissal of Counterclaim, Cross-Claim or Third-Party Clam – Rules Applicable
- 67.05 Dismissal of Plaintiff's Civil Action – Effect on Counterclaim, Cross-Claim, and Ancillary Matters Deadlines
- 67.06 Final Dismissal on Failure to Amend
Part 68 · Masters and Receivers
Part 69 · Trial by Jury
Part 70 · Instructions
Part 71 · Verdicts
Part 72 · Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict
Part 73 · Trial by Court
Part 74 · Judgments Orders and Proceedings Thereon
- 74.01 Judgment
- 74.02 Order
- 74.03 Notice of Entry of Orders and Judgments Deadlines
- 74.04 Summary Judgment Deadlines
- 74.05 Entry of Default Judgment Deadlines
- 74.06 Relief From Judgment or Order Deadlines
- 74.07 Judgment for Specific Acts – Vesting Title – Delivery of Possession
- 74.08 Judgment Lien Deadlines
- 74.09 Revival of Judgment Deadlines
- 74.10 Revival of Lien of Judgment – Intermediate Encumbrances
- 74.11 Satisfaction of Judgment
- 74.12 Assignment of Judgment
- 74.13 Transcript of Judgment – When Lien in Another County
- 74.14 Uniform Enforcement of Foreign Judgments
- 74.16 Attorney Fees Deadlines
- 74.80 Actions Filed Pursuant to Chapter 535 – Itemization of Damages in Judgment
Part 75 · Control of Judgments
Part 76 · Executions
- 76.01 Application for Execution
- 76.03 Execution Against Heirs
- 76.04 Execution – When Returnable Deadlines
- 76.05 How Directed and Executed
- 76.06 Levy – How Made
- 76.07 When Levy Creates Lien
- 76.075 Exemptions Deadlines
- 76.08 Receiver – When Appointed
- 76.09 Election of Property to be Levied Upon
- 76.10 Who May Intervene
- 76.11 Execution on Real Estate – Amount to be Sold
- 76.12 Election of Order of Sale Deadlines
- 76.13 Notice of Sale of Personal Property Deadlines
- 76.14 Retention of Personal Property Pending Sale
- 76.15 Execution Sales of Land – Where Held
- 76.16 Notice of Sale Deadlines
- 76.17 Notice to Person Whose Land is Levied Upon Deadlines
- 76.18 Sale – How Conducted Deadlines
- 76.19 Resale When Purchaser Fails to Pay Purchase Price
- 76.20 Sheriff Not to Purchase Property
- 76.21 Personal Property to be Delivered – Bill of Sale Given, When
- 76.22 Assignment of Security or Share
- 76.23 Deed for Real Estate Sold Under Execution Deadlines
- 76.24 Duties of Sheriff to be Performed by Successor
- 76.25 Stay or Quashing of Execution – Bond
- 76.26 Breach of Bond – Judgment
- 76.27 Examination of Judgment Debtor
- 76.28 Discovery in Aid of Execution
Part 77 · Costs
Part 78 · New Trials – After–Trial Motions – Preservation of Error
- 78.01 Granting a New Trial
- 78.02 New Trial – Against Weight of Evidence – Limitation
- 78.03 Order Granting New Trial Shall Specify Grounds
- 78.04 Motion for New Trial – Time for Filing Deadlines
- 78.05 After-Trial Motions, including a Motion for a New Trial Based Upon Affidavits Deadlines
- 78.06 When After-Trial Motion Overruled Deadlines
- 78.07 After-Trial Motion – Allegations of Error Required
- 78.08 New Trial – Plain Errors May Be Considered
- 78.09 Exception Unnecessary to Rulings or Orders of the Court
- 78.10 Additur and Remittitur Deadlines
Part 79 · Assignment of Judges in Case of Disability
Part 81 · Appeals
- 81.01 Right of Appeal
- 81.02 Appeals Jointly or Separately
- 81.03 Designation of Parties on Appeal
- 81.04 Appeals, When and How Taken – Cross Appeals – Docket Fees Deadlines
- 81.05 Judgments, When Final – Premature Filing of Notice of Appeal – Computation of Time Deadlines
- 81.07 When Party May Appeal After Time for Filing of Notice Has Expired Deadlines
- 81.08 Appeal to Supreme Court – Jurisdictional Statement Required Deadlines
- 81.09 Appeals Shall Stay Execution, in What Cases – Bond Deadlines
- 81.10 When and Where Bond May Be Filed
- 81.11 Supersedeas Bond – Enforcement of
- 81.12 Record on Appeal Deadlines
- 81.13 Agreed Statement as the Record on Appeal
- 81.15 Record on Appeal – Uncertified or Disputed Record Deadlines
- 81.16 Exhibits Deadlines
- 81.17 Record on Appeal – Reviewing Legal Effect of Instructions, Evidence Not Necessary, When Deadlines
- 81.19 Time for Filing of Record on Appeal Deadlines
- 81.20 Record on Appeal – Extension or Reduction of Time for Filing
- 81.21 Parties Ineligible to File Documents Through the Electronic Filing System
Part 82 · Terms and Duties of Chief Justice and Judges of This Court and the Court of Appeals – Designation of Court of Appeals and Districts Thereof – Duties and Other Matters Relating to the State Courts Administrator and Other Court Personnel
- 82.01 Terms and Duties of Chief Justice and Presiding Judges – Supreme Court Deadlines
- 82.02 Court of Appeals and Districts – Terms and Duties of Chief Judges of the Court of Appeals
- 82.03 State Courts Administrator
- 82.04 Compliance with Requests of State Courts Administrator for Information
- 82.05 Restrictions on Legal Personnel After Employment by a Court
Part 83 · Transfers From Court of Appeals to this Court
- 83.01 Transfer Upon Application Prior to Disposition by Court of Appeals Deadlines
- 83.02 Transfer on Order of Court of Appeals Deadlines
- 83.03 Transfer on Dissent of Participating Judge
- 83.04 Transfer by This Court After Opinion by Court of Appeals Deadlines
- 83.05 Application – Form – Contents
- 83.06 Suggestions in Opposition Deadlines
- 83.08 Record on Appeal and Briefs in Cases Transferred After Opinion Deadlines
- 83.09 Determination of Cases Following Transfer
- 83.10 Transfer to Supreme Court en Banc Deadlines
Part 84 · Procedure in All Appellate Courts
- 84.01 Motions, Pleadings and Other Papers – Signatures Deadlines
- 84.015 Redaction Requirements
- 84.02 Docketing Cases
- 84.025 Filing In and Notice From Appellate Courts
- 84.026 Service of Filings in Appellate Courts
- 84.03 Format of Documents
- 84.035 Appeals from Orders Granting or Denying Class Certification Deadlines
- 84.04 Briefs – Contents
- 84.05 Briefs – When and By Whom Filed Deadlines
- 84.06 Form of Briefs
- 84.08 Involuntary Dismissal of Appeal – Notices Deadlines
- 84.09 Appeal – Dismissal in Appellate Court
- 84.12 Oral Argument
- 84.13 Allegations of Error Considered – Reversible Error – Review in Cases Tried Without a Jury or With an Advisory Jury
- 84.14 Disposition on Appeal
- 84.15 Decision of Majority of Judges Shall Be Decision of Court
- 84.16 Opinion in Writing – Memorandum Decisions and Written Orders – When Filed – How Endorsed and Transmitted
- 84.17 Post-Disposition Motions Deadlines
- 84.18 Costs of Record on Appeal – When Allowed
- 84.19 Damages for Frivolous Appeals
- 84.20 Communications to Court
- 84.21 Allowances to Garnishees Deadlines
- 84.22 Granting Original Writs
- 84.23 Return of Original Writs
- 84.24 Procedure as to Original Writs Deadlines
- 84.26 Number of Copies to be Filed in Court of Appeals
- 84.28 Execution or Remand by Appellate Court – Costs
Part 85 · Attachments
- 85.01 Definitions
- 85.02 Availability of Attachment
- 85.03 Affidavit to Obtain Writ of Attachment
- 85.04 Issuance of Writ of Attachment
- 85.05 Form of Writ of Attachment
- 85.06 How Directed and Executed
- 85.07 Service of Writ and Notice
- 85.08 Claimant to Furnish Bond – Exception – Conditions of Bond
- 85.09 Owner of Property may Post Bond – Condition of Bond
- 85.10 Nonowner of Property may Post Bond – When – Condition of Bond
- 85.11 Inadequate Bond
- 85.12 Qualification of Sureties
- 85.13 Hearing on Propriety of Attachment Deadlines
- 85.14 Dissolution of Attachment
- 85.15 Contents of Judgment
- 85.16 Post-Trial Procedure – Appeal
- 85.17 Bonds Continue – When
- 85.18 Multiple Attachments – Priorities – How and Where Resolved
- 85.19 Multiple Attachments – Issues – Who may Raise
- 85.20 Who May Intervene
- 85.21 Manner of Attaching Property
- 85.22 Receiver – When Appointed
- 85.23 Prejudgment Sale of Personal Property
- 85.24 Who May Sue on Bond
Part 86 · Condemnation Proceedings
- 86.01 Scope
- 86.02 Venue
- 86.03 Parties
- 86.04 Petition – Contents
- 86.05 Summons. When to Issue. How Served – Publication, When Deadlines
- 86.051 Publication of Notice – How Often
- 86.06 Appointment of Commissioners – Duties of – Standard for Damages Deadlines
- 86.07 Different Owners May be Joined in One Petition
- 86.08 Clerk to Give Notice of Filing Report – Exceptions to Report, When Filed, Effect Deadlines
- 86.09 Costs, by Whom Paid
- 86.10 Interest – How Recovered
Part 87 · Declaratory Judgments
- 87.01 Courts May Grant Declaratory Judgments
- 87.02 Who May Obtain Declaration of Rights or Other Legal Relations
- 87.03 Contract May Be Construed - When
- 87.04 Joinder of Parties – Municipalities – Attorney General
- 87.05 \"Person\" Defined
- 87.06 Issue of Fact – How Tried
- 87.07 Judgment Discretionary
- 87.08 Form and Effect of Declaratory Judgment
- 87.09 Award of Costs
- 87.10 Further Relief May be Granted, When – Procedure
- 87.11 Review of Judgments and Decrees Under This Rule
Part 88 · Domestic Relations and Paternity Cases – Calculation of Child Support – Mediation – Self–Represented Litigants
- 88.01 Presumed Child Support Amount
- 88.02 Mediation Authorized
- 88.03 Mediation Defined
- 88.04 Mediation – When Ordered – Appointment of Mediator Deadlines
- 88.05 Mediation – Qualifications of the Mediator Deadlines
- 88.06 Mediation – Duties of the Mediator
- 88.07 Termination of Mediation Deadlines
- 88.08 Confidentiality and Settlement
- 88.09 Parties Not Represented By Counsel
Part 89 · Ejectment
Part 90 · Garnishments and Sequestration
- 90.01 Definitions
- 90.02 Request for Issuance of Writ of Garnishment Deadlines
- 90.03 Service on Garnishee - Return of Service - Return Date - Notice to Judgment Debtor - Service of Subsequent Pleadings and Papers Deadlines
- 90.035 Exemptions Deadlines
- 90.04 Effect of Service of Writ of Garnishment and Summons
- 90.05 Request for Immediate Delivery of Property to Sheriff - Order of Delivery
- 90.06 Delivery Bond of Garnishee - Form of - Effect of Filing - Insufficient Bond - Hearing Deadlines
- 90.07 Interrogatories to Garnishee - Answers to Interrogatories - Exceptions - Response Deadlines
- 90.08 Court Order to Answer Interrogatories
- 90.09 Claims of Third Parties - Notice - Intervention Deadlines
- 90.10 Discharge of Garnishee - Judgment in Garnishment Deadlines
- 90.11 Disbursement Deadlines
- 90.12 Cost and Allowances
- 90.13 Execution Against Garnishee
- 90.14 Garnishment of Wages in Aid of Attachment
- 90.15 Garnishment of Wages - Notice of Wage Exemption Statute Required
- 90.16 Compensation of State and Municipal Employees Subject to Writ of Garnishment
- 90.18 Staying, Quashing, or Vacating Writ Deadlines
- 90.19 Reporting Judgment Balance - Remaining Due - Payment on the Record Deadlines
Part 91 · Habeas Corpus
- 91.01 Habeas Corpus – General – Who May Petition for – Forms of Action
- 91.02 Petition to What Court First Made
- 91.03 Petition – By Whom Made
- 91.04 Petition – Contents – Attachments
- 91.05 Writ or Show Cause Order to be Granted Without Delay
- 91.06 Writ Shall Issue Without Petition – When
- 91.07 Form of Writ or Order – To Whom Directed Deadlines
- 91.08 Service of Writ or Order
- 91.09 Answer – Time For – Contents – Attachments
- 91.10 Pleadings – Amendments and Supplementation
- 91.11 Person Restrained to be Produced With Answer to Petition – Exception – Custody Pending Judgment
- 91.12 Reply to Answer
- 91.13 Disobedience of Writ – Further Proceedings
- 91.14 Condition of Release
- 91.15 Time of Hearing Deadlines
- 91.16 Production of Restrained Person at Hearing
- 91.17 Duty of Court on Final Hearing
- 91.18 Order of Discharge
- 91.19 Order of Discharge – How Enforced
- 91.20 Order of Remand or Other Disposition
- 91.21 Warrant in Lieu of Writ
- 91.22 Second Writ not to Issue By Lower Court
- 91.23 Certain Persons not Entitled to Discharge
Part 92 · Injunctions
Part 93 · Land Titles
Part 94 · Mandamus
Part 95 · Change of Name
Part 96 · Partition of Real and Personal Property
- 96.01 Right to Partition in General
- 96.02 Service of Process
- 96.03 Burdensome and Unprofitable Estates – Sale
- 96.04 Parties
- 96.05 Petition – Contents
- 96.06 Who Shall be Made Parties
- 96.07 Partition not be Made Contrary to Will
- 96.08 Interests of Parties to be Determined
- 96.09 Several Shares May be Set Off Together
- 96.10 When Parties Claim Adversely – How Court Shall Proceed
- 96.11 Court May Order Sale Without Appointment of Commissioners
- 96.12 Court Shall Appoint Commissioners – When
- 96.13 Compensation of Commissioners and Surveyors
- 96.14 Commissioners to Make Affidavit and Give Notice to Parties Deadlines
- 96.15 Commissioners' Report
- 96.16 Clerk to Give Notice of Filing of Report – Exceptions to Report, When Filed Deadlines
- 96.17 Copy of Report and Judgment to be Recorded
- 96.18 Court May Order Sale of Land – When
- 96.19 Order of Sale
- 96.20 Where Sale Shall be Held
- 96.21 Notice of Sale Deadlines
- 96.22 Order of Sale Shall be Renewed – When
- 96.23 Land May be Sold in Parcels – When
- 96.24 Sheriff or Commissioner to Collect Purchase Money and Make Deed to Purchaser
- 96.25 Defective Deed to be Corrected – How
- 96.26 Sheriff's Report – Contents
- 96.27 Proceeds of Sale – How Disbursed
- 96.28 Adverse Claim to Proceeds – Procedure
- 96.29 Proceeds of Partition Sale Subject to Debts of Estate
- 96.30 Court Shall Allow Fees, Costs and Expenses
- 96.31 Bond of Commissioner Appointed to Sell Land
- 96.32 Partition of Personal Property
Part 97 · Prohibition
Part 98 · Quo Warranto
Part 99 · Replevin
- 99.01 Action in Replevin
- 99.02 Service of Process
- 99.03 Affidavit to Obtain Immediate Possesion of Property
- 99.04 Order of Delivery
- 99.05 Prejudgment Seizure – Notice Required
- 99.06 Delivery Bond – Form of – Effect of Filing
- 99.07 Redelivery Bond – Form of
- 99.08 Redelivery Bond – Effect of Filing
- 99.09 Hearing on Right to Possession – When – Time For Deadlines
- 99.10 Qualifications of Sureties
- 99.11 Insufficient Bond – Procedure
- 99.12 Party and Sureties, If Any – Findings and Judgment
- 99.13 Election of Prevailing Party – When and How Made Deadlines
- 99.14 Court to Allow Charges for Taking and Delivering Property
- 99.15 Execution for Delivery – How Issued and Governed