Chapter 517 Procedure Before Certain Associate Circuit Judges

517.161 - Procedure in certain cases filed prior to January 1, 1987 — effective date of certain sections.

Steven Groce, Attorney Advertisement

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 effective January 1, 1987.Any case filed prior to January 1, 1987, in the divisions of the circuit court presided over by an associate circuit judge shall be governed by the practice and procedure of causes heard by associate circuit judges as were in effect on the date the case was filed, including the right to trial de novo.

(L. 1985 S.B. 5, et al. § C)

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 return date of the summons.If the cause is not tried on the return date but continued and if all parties are given fifteen days' advance notice of a trial setting before the particular judge, then any application for change of judge or change of venue shall be made not later than five days before the date set for trial.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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 judge without consent of any party; or

(2)The agreement of all parties; or

(3)The application of any party and for good cause shown.

3.A case may be continued generally as follows:

(1)By written agreement of all parties; or

(2)When all defendants have not been timely served with process; or

(3)If it appears to the judge that there is discovery or other trial preparation to be done that would reasonably require more than thirty days.

4.When a case has been continued generally, it may be rescheduled for trial or other proceeding before the court on fifteen days' written notice to all parties.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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

517.151 - 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 by circuit judges.The circuit clerk shall collect fees in such amounts as are determined pursuant to sections 488.010 to 488.020* for each transcript filed.The revival of any such lien upon real estate shall be under the same procedures as with judgments originally rendered by a circuit judge, shall be made from the record of the transcripted judgment so filed in the office of circuit clerk, and may be revived under proceedings before either a circuit or an associate circuit judge.The foregoing provisions shall not apply with respect to any judgment of a small claims court nor shall any judgment of a small claims court be a lien upon real estate.

(L. 1985 S.B. 5, et al., A.L. 1996 S.B. 869)

Effective 7-01-97

*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.

CROSS REFERENCE:

Liens on real estate established by decree of associate circuit courts, procedure, 511.350

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 judgment.Upon production of any such transcript, the clerk of the circuit court of the county in which the judgment was rendered shall record the same in his permanent record of circuit court judgments, and note therein the date and hour of its filing.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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 a date and time, not less than ten days nor more than sixty days from the date of service of the summons.

2.If process is not timely served, the plaintiff may request further process be issued to any defendant not timely served with the case being continued, or the plaintiff may dismiss as to any such defendant and proceed with the case.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660, A.L. 2009 H.B. 237 & H.B. 238 & H.B. 482 merged with H.B. 481)

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 law, all civil actions and proceedings for the recovery of money, whether such action be founded upon contract or tort, or upon a bond or undertaking given in pursuance of law in any civil action or proceeding, or for a penalty or forfeiture given by any statute of this state, when the sum demanded, exclusive of interest and costs, does not exceed twenty-five thousand dollars;

(2)All actions against any railroad company in this state, to recover damages for killing or injuring horses, mules, cattle or other animals within their respective counties, without regard to the value of such animals, or the amount claimed for killing or injuring the same;

(3)All cases arising under chapter 213, 272, 302, 303, 388, 429, 430, 444, 482, 521, 533, 534, 535, or 577;

(4)In counties of less than seventy thousand inhabitants, when a circuit judge is absent from the county, cases that a circuit judge can hear in chambers except where otherwise provided by law.

2.The provisions of this chapter shall not apply to the practice and procedure before associate circuit judges in hearing and determining cases, except as provided in subsection 1 of this section.

(L. 1985 S.B. 5, et al., A.L. 1986 S.B. 741, A.L. 1988 H.B. 1660, A.L. 1989 S.B. 127, et al., A.L. 1993 S.B. 88 merged with S.B. 180)

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 by the judge within thirty days after the case is submitted for final decision unless the parties consent to a longer period of time.

(L. 1985 S.B. 5, et al.)

Effective 1-01-87

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 fails to appear when scheduled or notified.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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.

(L. 1985 S.B. 5, et al.)

Effective 1-01-87

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 of the petition should be attached and filed.The pleadings of the petition shall be informal unless the court in its discretion requires formal pleadings.

2.Affirmative defenses, counterclaims and cross claims shall be filed in writing not later than the return date and time of the summons unless leave to file the same at a later date is granted by the court.No other responsive pleading need be filed.If no responsive pleading is filed, the statements made in the petition, affirmative defenses, counterclaims or cross claims shall be considered denied except as provided in section 517.132.

3.For good cause shown, the court may extend the time for filing any pleading.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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 party has been duly and timely served with summons and does not appear in court on the return date or subsequent date to which the case has been continued.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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 orthe date set for trial, whichever is later.For good cause shown, the judge may grant any party's request for jury trial.

2.A jury shall be composed of twelve qualified jurors, unless all parties agree on a lesser number, but not less than six, in which case the number of veniremen shall be reduced accordingly.Three-fourths or more of any jury concurring may return a verdict.

(L. 1985 S.B. 5, et al.)

Effective 1-01-87

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 independently exceeds the jurisdiction of cases triable under this chapter; or

(2)Consolidation of cases appears proper, and such consolidation would result in a claim exceeding the jurisdictional limit of the division.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)

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 copy is filed with the court, such instrument shall be admitted in evidence at trial unless the opposing party by responsive pleadings or affidavit shall deny the execution of the instrument, prior to admission of the instrument in evidence.