- Chapter 521 Attachments
- 521.010. Attachment, when issued--parties to--causes for.
- 521.020. Attachments on demands not due--exceptions.
- 521.030. The affidavit.
- 521.040. Issuance on demands less than fifty dollars.
- 521.050. Suits by attachment--affidavit and bond--exceptions.
- 521.060. Form of affidavit, by whom made.
- 521.070. Bond, by whom executed--conditions.
- 521.080. Bond, by whom approved--attachment not to issue until.
- 521.090. New bond, when required--notice.
- 521.100. Suit dismissed for failure to give new bond.
- 521.110. Who may sue on bond--damages, how assessed.
- 521.120. Suit on bond, setoff pleaded by obligor--costs, how adjudged.
- 521.130. Attachment, how issued after suit is commenced.
- 521.140. Form of original writs, to whom directed--contents.
- 521.150. Original writs, how issued and returned.
- 521.160. Separate writs may issue to different counties, when.
- 521.170. Manner of serving writ.
- 521.180. Return of writ.
- 521.190. Officer liable for insufficient bond--motion for new bonds, when made.
- 521.200. Additional writs may issue, when.
- 521.210. Such writs, how entitled.
- 521.220. Form of writ.
- 521.230. How issued, served and returned.
- 521.240. Property subject to attachment.
- 521.250. Shares of stock subject to attachment.
- 521.260. Attached property retained by defendant before judgment or sale--bond, conditions.
- 521.270. Sale of perishable property--when and by whom ordered, how made.
- 521.280. Order of sale, to whom delivered, return--disposition of proceeds.
- 521.290. Compensation of officer.
- 521.300. Receiver appointed, by whom--oath and bond required--who may sue on bond.
- 521.310. Receivers, duties of--notes not taken by delivery bond--may sue--defenses not impaired.
- 521.320. Receiver to give notice to debtor, how--effect.
- 521.330. Receiver, report, money retained, how--compensation.
- 521.340. Sheriff to act as receiver, when--his rights, duties and liabilities.
- 521.350. Practice in civil cases to govern in absence of special rules.
- 521.360. Personal service or appearance, effect of--property of defendant, how affected by judgment and execution.
- 521.370. Proceedings where defendant is personally served or appears.
- 521.380. Proceedings upon constructive service--judgment not to exceed amount sworn to.
- 521.390. Judgment upon constructive service, effect of.
- 521.400. Proceedings where property of one of several defendants is attached--not delayed, when.
- 521.410. Issues raised by motion to dissolve.
- 521.420. Motion to dissolve attachment, evidence--burden of proof--appeal bond--liability of sureties.
- 521.430. Proceedings in case of defendant's death.
- 521.440. Powers of the attorney under section 521.430.
- 521.450. No execution to issue on judgment, when--property sold, how.
- 521.460. Court or judge not to order sale of property after death of defendant--how sold.
- 521.470. Defendant may plead to merits, when.
- 521.480. Attachments, how dissolved--affidavit may be amended.
- 521.490. Effect of dissolution.
- 521.500. Controversies between plaintiffs, how and where adjudicated.
- 521.510. Attaching creditor may maintain action to set aside fraudulent conveyance.
- 521.520. Persons claiming attached property may interplead--affidavit--trial without delay.
- 521.530. Costs adjudged as in other actions.
- 521.540. When creditors may defend.
- 521.550. Judgments on constructive service bind only property attached.
- 521.560. Executions, how awarded.
- 521.570. When execution returned unsatisfied, bonds to be assigned--judgment rendered on motion--damages.
- 521.580. Notice to obligors in bond.
- 521.590. Proceedings to avoid judgments on constructive notice--when defendant has two years to plead.
- 521.600. Proceedings to avoid debt.
- 521.610. If cause of action be denied under oath, plaintiff must prove.
- 521.620. If not verified or collateral avoidance pleaded, effect of--judgment.
- 521.630. When plaintiff shall answer.
- 521.640. Proceedings when setoff is pleaded.
- 521.650. Issues tried as in ordinary actions--costs adjudged, how.
- 521.660. Provisions relative to attachment to apply to proceedings before circuit and associate circuit judges.
- 521.740. Bond and affidavit filed before circuit clerk issues writ of attachment.
- 521.750. Bond may be exacted, when.
- 521.760. Form of bond.
- 521.770. Third-party claim to be in writing.
- 521.780. Action on bond.
- 521.790. Officer not liable, when.
- 521.800. Officer, when liable.
- 521.810. Objections to security, how made.
- 521.820. Effect of overruling objections.
- 521.830. Officer, when not protected.
- 521.840. Proceedings in case of more than one claimant.
- 521.850. Claim to state value of property.
- 521.860. Court may require bond, when.
- 521.870. Proceedings for the distribution of money.
- 521.880. Bond under claim for specific property.
- 521.890. Nature and extent of law.
- Chapter 522 Actions on Bonds
- Chapter 523 Condemnation Proceedings
- 523.001. Definitions.
- 523.010. Lands may be condemned, when--petition--parties--power of public utility to condemn certain lands, limitation.
- 523.020. Different owners may be joined in one petition.
- 523.030. Summons, when to issue, how served--publication.
- 523.039. Just compensation for condemned property, amount.
- 523.040. Appointment of commissioners--duties--notice of property viewing.
- 523.045. Interest on awards payable when--enforcement.
- 523.050. Commissioners' report--notice of filing--review.
- 523.053. Distribution of condemnation awards among defendants.
- 523.055. Possession of land delivered, when, notice--writ of possession, executed how.
- 523.060. Right of trial by jury in condemnation proceedings--jury responsibility in determining fair market value.
- 523.061. Determination of homestead taking and heritage value.
- 523.070. Costs, by whom paid.
- 523.080. Shall not enter or appropriate dwelling house.
- 523.090. Who may have damages ascertained--proceedings.
- 523.100. Appropriation of lands of corporations by other corporations.
- 523.200. Definitions.
- 523.205. Relocation assistance given, when--definitions--relocation plans--contents--residential payments--business payments--advance payments--waiver--notice--report--ineligibility for tax abatement,
- 523.210. Agencies authorized to establish rules and regulations.
- 523.215. Not to affect other condemnation compensation.
- 523.250. Notice of intended acquisition--mailing requirements.
- 523.253. Written offer, requirements--explanation of determination of property value.
- 523.256. Good faith negotiation required, findings, remedies.
- 523.259. Abandonment of condemnation, remedies--applicability.
- 523.261. Legislative determinations of areas to be condemned to be supported by substantial evidence, hearing, appeal.
- 523.262. Power of eminent domain limited, how--private entities to have power of eminent domain--notice.
- 523.265. Alternative locations for condemnation, procedure.
- 523.271. Exercise of eminent domain over private property for economic development purposes prohibited--definition.
- 523.274. Consideration of each parcel of property--time limit on commencement of eminent domain acquisitions.
- 523.277. Office of ombudsman for property rights.
- 523.282. Blanket easements void, when--definitions.
- 523.283. Easement or right-of-way by certain entities fixed by use--definition--commissioners appointed by court--attorneys' fees and costs for prevailing property owners.
- 523.286. Declaration of farmland as blighted prohibited--definition.
- Chapter 524 Ejectment
- 524.010. Ejectment maintained generally, when.
- 524.020. Ejectment maintained in particular cases, when.
- 524.030. Tenants in common may sue jointly.
- 524.040. Parties to action.
- 524.050. Who may be made codefendant.
- 524.060. Petition--necessary averments.
- 524.070. Pleadings and proceedings.
- 524.080. What plaintiff must show to recover.
- 524.090. What plaintiff must show to recover as against cotenant.
- 524.100. One or more joint plaintiffs may recover.
- 524.110. What plaintiff may recover, if successful.
- 524.120. Judgment where plaintiff's right expires after suit.
- 524.130. Jury shall assess value of rents and profits, when.
- 524.140. Judgment in such cases.
- 524.150. Appeals--amount and condition of bond.
- 524.160. Defendant may recover compensation for improvements, when.
- 524.170. Petition--contents.
- 524.180. Injunction may be granted.
- 524.190. Plaintiff may relinquish land and recover value, less the improvements.
- 524.200. Claimant to pay value of land, when.
- 524.210. Plaintiff to make deed, when.
- 524.220. Land may be divided, when.
- 524.230. Not to be divided, when.
- 524.240. If plaintiff gives notice, in writing, compensation shall not be recovered.
- 524.250. Compensation shall only be made once.
- 524.260. Writ of possession and execution may issue, when.
- 524.270. Ordinary execution to issue, when.
- 524.280. Executions, to whom issued and how governed.
- 524.290. Action for damages may be maintained, when.
- Chapter 525 Garnishments
- 525.010. Who may be summoned as garnishees.
- 525.020. Garnishees summoned, how.
- 525.030. Persons exempted from summons as garnishee, when--amount to be withheld from wages, how computed--earnings defined--penalty.
- 525.040. Effect of notice of garnishment.
- 525.050. Notice of garnishment, how served on corporations.
- 525.060. Return of writ, how made.
- 525.070. Garnishee may discharge himself, how.
- 525.080. Garnishee to deliver property, or pay debts, or may give bond therefor.
- 525.090. Claimants may interplead.
- 525.100. Adjudication of costs.
- 525.110. Execution same as on general judgment.
- 525.120. Courts may prescribe rules.
- 525.130. Plaintiff may exhibit interrogatories against garnishees--interrogatories, when filed.
- 525.140. Garnishee shall file answer--failing, judgment by default.
- 525.150. Garnishment for wages, issued against railroad, when.
- 525.160. Railroad to answer garnishment for wages, when.
- 525.170. Judgment by default, how rendered final--extent and effect of against garnishee.
- 525.180. Answer of garnishee excepted to, adjudged insufficient--proceedings.
- 525.190. Denial of garnishee to answer, how--replication--issues tried, how.
- 525.200. What proceedings had, if effects found in hands of garnishee--judgment.
- 525.210. Answer taken as sufficient, when.
- 525.220. If answer admits effects or indebtedness, proceedings.
- 525.230. Allowance in such case to garnishee.
- 525.233. Notice of garnishment and writ of sequestration to contain federal taxpayer identification number--failure to comply, effect.
- 525.240. Costs adjudged against plaintiff, when--allowance to garnishee.
- 525.250. Adjudication of costs in other cases.
- 525.260. Debts not due may be attached.
- 525.270. Claimants of debts assigned, or property sold, may be made parties, how--notice, how given--trial.
- 525.280. Garnishee owing note to defendant, latter may be required to produce same in court--proceedings.
- 525.290. Garnishment of wages--personal service upon defendant required--exception--petition and summons to show cause of action.
- 525.300. Wages earned out of state exempt--exception.
- 525.310. Compensation of state and municipal employees subject to writ of sequestration.
- Chapter 526 Injunctions
- 526.010. Injunctions granted by certain courts.
- 526.020. (Repealed L. 2004 S.B. 1211 § A)
- 526.030. Remedy by injunction to exist, in what cases--prohibition.
- 526.040. Filing of petition and return of injunction bond.
- 526.050. Temporary injunction, when granted.
- 526.070. Injunction bond.
- 526.080. Bond, where filed.
- 526.090. Venue of proceedings to stay judgment.
- 526.100. Notice, to whom given.
- 526.110. Notice to be posted, when.
- 526.120. Form and service of notice.
- 526.130. Notice, when not necessary.
- 526.140. Proceedings where notice not required.
- 526.150. Extent of injunction to stay proceedings.
- 526.160. To operate as release of errors.
- 526.170. Motion to dissolve.
- 526.180. Motion, when continued.
- 526.190. Testimony, how taken.
- 526.200. Damages upon dissolution.
- 526.210. Judgment against sureties, how enforced.
- 526.220. Violation of injunction, how punished.
- Chapter 527 Declaratory Judgments; Actions Involving Land Titles; Lis Pendens;
- Chapter 528 Partition Suits
- 528.010. Equity suit--who may bring.
- 528.020. Parties to suit.
- 528.030. Partition, suit for, by whom brought, how determined.
- 528.040. Suit, where brought.
- 528.050. Petition shall set forth what facts.
- 528.060. Who shall be made parties.
- 528.070. When name or interest of a party is unknown, what necessary.
- 528.080. Those having an interest may appear and be made parties.
- 528.090. Proceedings, how governed.
- 528.100. Conservators may act for disabled persons.
- 528.130. Partition not to be made contrary to will.
- 528.140. Partitioned lands subject to debts of estate.
- 528.150. Judgment by default shall be rendered, when--proof of title to be exhibited.
- 528.160. Rights of parties to be determined, how--judgment to be rendered.
- 528.170. Several shares may be set off together.
- 528.180. Parcels, set off to the parties, to be held and enjoyed by them, how.
- 528.190. When parties claim adversely, court shall proceed, how.
- 528.200. Court shall appoint commissioners, when.
- 528.210. Court, or judge, may appoint new commissioners, when.
- 528.220. Compensation of commissioners.
- 528.230. Commissioners to make affidavit and give notice to parties.
- 528.240. Commissioners shall proceed, how.
- 528.250. Land not susceptible of division, commissioners shall report, what.
- 528.260. Lands shall be divided, how.
- 528.270. May divide lands into lots, when.
- 528.280. Commissioners shall make report--contents.
- 528.290. Report to be proved or acknowledged--filed.
- 528.300. Report may be set aside and new commissioners appointed, when.
- 528.310. If report approved, judgment to be rendered thereon--force of judgment.
- 528.320. Copy of report and judgment to be recorded.
- 528.330. When land laid out, map shall be returned, filed and recorded.
- 528.340. Court may order sale of lands, when.
- 528.350. Proceedings where part of shares has been set off.
- 528.360. Effect of confirmation of report on parties claiming adversely.
- 528.370. Order of sale shall specify what--shall be certified to sheriff--duty of sheriff--sale, how conducted.
- 528.380. Order of sale shall be renewed, when.
- 528.390. Lands may be sold in parcels, when.
- 528.400. Sheriff to collect purchase money, make deed to purchaser--proceedings if sheriff or purchaser dies.
- 528.410. Defective sheriff's deed to be corrected, when and how.
- 528.420. Sale to be a bar against dower, when.
- 528.430. Sheriff and sureties responsible on his bond, when.
- 528.440. Outgoing sheriff to complete sale--exception.
- 528.450. Sheriff to report to court--report shall contain what.
- 528.460. Proceeds of sale, how divided.
- 528.470. Adverse claim to share, how disposed of.
- 528.480. Party claiming proceeds of sale may proceed, how.
- 528.490. Summons may be directed to whom--how served.
- 528.500. Answer shall contain what--issue shall be tried, how.
- 528.510. Judgment by default rendered, when.
- 528.520. Payment of money adjudged, when.
- 528.530. Courts to allow attorney's fee and compensation for guardian ad litem.
- 528.540. Majority of commissioners may act.
- 528.550. Order of sale may be had without the appointment of commissioners, when--special commissioner, duty and power of.
- 528.560. Court to order sale of lots, when.
- 528.570. Special commissioner to execute and file bond with clerk.
- 528.580. Special commissioner to perform same duties as sheriff.
- 528.590. Sales, when and where made.
- 528.600. Note to be taken for deferred sums--form of--shall express what--bidder with interest in property.
- 528.610. Compensation of sheriff.
- 528.620. Partition of personal property--proceedings in.
- 528.630. Sale, how conducted.
- 528.640. Suits to be tried, when.
- Chapter 529 Mandamus
- Chapter 530 Prohibition
- Chapter 531 Quo Warranto
- Chapter 532 Habeas Corpus
- 532.010. Who may prosecute the writ.
- 532.020. Application, how made--petition and oath.
- 532.030. Application, to what court first made.
- 532.040. Second writ not to issue, when.
- 532.050. Copy of warrant to accompany petition, when.
- 532.060. Writ to be granted without delay, unless.
- 532.070. Writ shall issue without application, when.
- 532.080. Writ, how directed, form of.
- 532.090. To be under seal of court.
- 532.100. Custodian of prisoner, how designated.
- 532.110. Writ not to be disobeyed--how endorsed.
- 532.120. Expense of producing prisoner paid by petitioner.
- 532.130. Charges, when paid or tendered--bond may be required.
- 532.140. Service of writ.
- 532.150. How served when party conceals himself.
- 532.160. Officer to obey writ, whether directed to him or not.
- 532.170. Return made, when.
- 532.180. Return, contents.
- 532.190. Return, when sworn to and by whom signed.
- 532.200. The body to accompany the return.
- 532.210. Prisoner may not be returned with writ, when.
- 532.220. Proceedings under section 532.210.
- 532.230. Prisoner removed from county on writ, when.
- 532.240. Papers relating to commitment returned with writ.
- 532.250. Judge or clerk to furnish examination, when.
- 532.260. Judge shall appear in person, when.
- 532.270. Writ may issue when party about to be removed from state.
- 532.280. Arrest of person having prisoner in charge.
- 532.290. Warrant, how executed.
- 532.300. Proceedings on return of writ.
- 532.310. A day to be set for hearing the cause.
- 532.320. Answer to return, contents.
- 532.330. Return and answer may be amended.
- 532.340. Examination to be read when prisoner under criminal charge.
- 532.350. Evidence admissible on hearing--duty of judge.
- 532.360. Duty of court on final hearing.
- 532.370. Duty of court in awarding custody of children.
- 532.380. Prisoner discharged, when.
- 532.390. Who not entitled to benefit of this chapter.
- 532.400. Parties held under judgment erroneous as to time and place, not entitled to writ.
- 532.410. When remanded.
- 532.420. Party remanded, not to be discharged on second writ.
- 532.430. Prisoner held under judicial proceedings discharged, when.
- 532.440. Limitations on court under this chapter.
- 532.450. Parties under indictment not to be discharged except on bail.
- 532.460. When prisoner may be let to bail.
- 532.470. The order of discharge.
- 532.480. Court to fix amount of bail, when.
- 532.490. Judge or clerk to take recognizance, when.
- 532.500. Prisoner remanded, when.
- 532.510. When prisoner remanded or bailed, evidence to be returned.
- 532.520. Custody of prisoner between return and judgment.
- 532.530. Order of discharge, how enforced.
- 532.540. Officer discharging prisoner, not liable.
- 532.550. Person discharged cannot be again imprisoned--exceptions.
- 532.560. Officer refusing to obey writ, proceedings.
- 532.570. Officer or person to be committed.
- 532.580. When sheriff in contempt, coroner shall serve.
- 532.590. Custody of prisoner granted officer holding attachment for derelict officer.
- 532.600. Officer having attachment may invoke aid, when.
- 532.630. Penalty for refusing copy of process.
- 532.640. Penalty for failing to obey and make return to writ.
- 532.650. Penalty for concealing prisoner.
- 532.660. Penalty for rearresting party after discharge.
- 532.670. Aiding in violation of sections 532.650 and 532.660, misdemeanor.
- 532.680. Punishment.
- 532.690. Right of action to survive.
- 532.700. Recovery of penalty no bar to civil action.
- 532.710. This chapter, how construed.
- Chapter 533 Replevin
- 533.010. Action to recover specific personal property, procedure.
- 533.020. Order of delivery.
- 533.030. Plaintiff to deliver bond before property can be taken--types of bonds authorized, requirements.
- 533.040. Sheriff to take and deliver property to plaintiff unless bond given.
- 533.050. Qualifications of sureties.
- 533.060. Defendant not entitled to retain property, when.
- 533.070. Bonds taken by sheriff, filed with clerk, when.
- 533.080. Plaintiff--new bond ordered by court, when--failure to comply with order--procedure.
- 533.090. Defendant--new bond ordered by court, when--failure to comply with order--procedure.
- 533.100. When order in sections 533.080 and 533.090 is made, duty of clerk.
- 533.110. Plaintiff--failure to prosecute his suit after obtaining property--value of property--assessment.
- 533.120. Judgment rendered against plaintiff and his sureties, when.
- 533.130. If plaintiff has not property, assessment of damages.
- 533.140. If defendant fails in his defense--assessment of damages.
- 533.150. Party to elect, when.
- 533.160. Duty of officer if property not delivered in ten days.
- 533.170. Title of property vested, when.
- 533.180. Enforcement of orders.
- 533.190. Suit on bond, how and by whom brought.
- 533.200. Right of action against sheriff barred, when.
- 533.210. Court to allow charges for taking and delivering property.
- 533.220. Sheriff and sureties liable, when.
- 533.230. Issuance of execution--to whom directed.
- 533.240. Replevin--who may hear.
- 533.250. Value of property governs jurisdiction.
- Chapter 534 Forcible Entry and Unlawful Detainer
- 534.010. What entries deemed lawful.
- 534.020. Forcible entry and detainer defined.
- 534.030. Unlawful detainer defined--foreclosure, notice to tenants, procedure.
- 534.040. Estates comprehended in sections 534.010 to 534.030.
- 534.050. Demand for possession, how made and proved.
- 534.060. Before whom cognizable--centralized filing--assignment of cases.
- 534.070. Complaint and summons--court date assigned, when.
- 534.080. Form of summons.
- 534.090. Serving of summons--service by mail--publication of notice.
- 534.100. Return of officer.
- 534.110. Power to issue subpoenas and compel attendance of witnesses.
- 534.120. Failure to prosecute, nonsuit.
- 534.130. Failure of defendant to appear.
- 534.140. Both parties appear--proceedings.
- 534.160. Demand for trial by jury.
- 534.170. Amendments permitted and new parties added, when.
- 534.180. Depositions may be taken.
- 534.190. When depositions may be read.
- 534.200. Proof required of complainant.
- 534.210. Merits of title cannot be inquired into.
- 534.220. Rights under derivative titles may be shown.
- 534.230. Extent of claim of person having lawful possession.
- 534.240. Extent of claim where there has been no survey.
- 534.250. Persons having settlement on public lands may maintain action, when.
- 534.260. Heirs, devisees entitled to what remedies.
- 534.270. If lessor dies, remedy survives to heirs.
- 534.280. Effect of forfeiture of lease.
- 534.290. New tenant may maintain action, when.
- 534.300. Three years' possession a bar to the action.
- 534.310. Verdict for complainant--what it shall include.
- 534.320. Verdict may be corrected in matters of form.
- 534.330. Judgment on verdict for complainant.
- 534.340. Transcript of judgment--revived and enforced, how.
- 534.345. Notice of default judgment in eviction proceeding must be sent to defaulting party.
- 534.347. Unauthorized sublessor or assignor of leased premises, double damages, when.
- 534.350. Execution--when issued and levied.
- 534.355. Court may include in judgment of possession an order to sheriff requiring delivery of premises to prevailing party within fifteen days.
- 534.360. Execution, when defendant is about to abscond.
- 534.370. Form of execution against defendant.
- 534.380. Judgment stay for appeals and trial de novo.
- 534.540. Proceedings on default of defendant.
- 534.570. Appeals to supreme court--supersedeas.
- 534.590. Writs of restitution, against whom executed.
- Chapter 535 Landlord-Tenant Actions
- 535.010. If rent be not paid as agreed, landlord may recover possession, how.
- 535.020. Procedure to recover possession--filing of statement--issuance of summons--procedure.
- 535.030. Service of summons--court date included in summons.
- 535.040. Upon return of summons, cause to be heard--landlord not liable, when--landlord notification of property left by tenant.
- 535.050. Process shall not issue until expiration of lease, when.
- 535.060. Demand of rent good, when.
- 535.070. Purchaser of leased lands may recover possession.
- 535.081. Rent recovery, successor in title, notice required--notice may be attached to notarized affidavit (counties of the first classification).
- 535.090. Complaint, contents--proof of trial.
- 535.100. Change of judge and venue same as under chapter 517.
- 535.110. Trials de novo and appeals--defendant to furnish bond to stay execution.
- 535.120. Action brought, when.
- 535.130. Summons in such action, how served.
- 535.140. Service shall stand instead of demand.
- 535.150. Judgment for recovery of demised premises.
- 535.160. Tender of rent and costs on judgment date, effect--not bar to landlord's appeal--no stay of execution if no money judgment, exceptions.
- 535.170. Lessee barred from relief, when--appeal permitted, when.
- 535.180. Reservation in favor of mortgagee of lease in such case.
- 535.185. Tenant to be furnished address of person managing property and address to receive notices and service of process--post office box address, procedure--violation, effect.
- 535.200. Landlord-tenant court authorized in City of St. Louis, jurisdiction--landlord-tenant commissioners, powers and qualifications--landlord-tenant court procedures.
- 535.210. Landlord-tenant court authorized in Jackson County, jurisdiction--landlord-tenant commissioners, powers and qualifications--landlord-tenant court procedures.
- 535.300. Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.
- Chapter 536 Administrative Procedure and Review
- 536.010. Definitions.
- 536.014. Rules invalid, when.
- 536.015. Missouri Register published at least monthly.
- 536.016. Requirements for rulemaking.
- 536.017. Taking of private property defined--proposed rules require takings analysis, when, purpose, procedure--rule invalid, when--exceptions.
- 536.018. "Agency" and "state agency" not to include institutions of higher education if sufficient safeguards for contested cases provided by institutions.
- 536.019. Effective date of rules--contingent effective date.
- 536.021. Rules, procedure for making, amending or rescinding--notice of--rules effective when, exception--effective date to be printed in code of state regulations--failure of agencies to promulgate a
- 536.022. Suspension or termination of rules--procedure.
- 536.023. Procedures for numbering, indexing and publishing to be prescribed by secretary of state.
- 536.024. Validity of rules promulgated by state agency dependent on compliance with procedural requirements--powers and duties of joint committee.
- 536.025. Emergency rule powers--procedure--definitions.
- 536.026. Comments on proposed rules--committees for comment.
- 536.027. Written comments to be retained as public record for three years.
- 536.028. Contingent delegation of rulemaking power--effective date of rules--notice to be filed with joint committee--committee's powers--disapproval or annulment of rules, grounds, procedure, eff
- 536.031. Code to be published--to be revised monthly--incorporation by reference authorized, courts to take judicial notice--incorporation by reference of certain rules, how.
- 536.033. Sale of register and code of state regulations, cost, how established--correction of clerical errors authorized.
- 536.035. Rules and orders to be permanent public record--executive orders to be published in the Missouri Register.
- 536.037. Committee on administrative rules, members, meetings, duties--reports--expenses.
- 536.041. Any person may petition agency concerning rules, agency must furnish copy to committee on administrative rules and commissioner of administration together with its action.
- 536.043. Director of social services not required to but may promulgate rules.
- 536.046. Public rulemaking docket, contents, publication.
- 536.050. Declaratory judgments respecting the validity of rules--fees and expenses--standing, intervention by general assembly.
- 536.053. Standing to challenge rule.
- 536.055. Correspondence from state agencies, information required--must be printed or typed.
- 536.060. Informal disposition of case by stipulation--summary action--waiver.
- 536.063. Contested case, how instituted--pleadings--copies sent parties.
- 536.067. Notice in contested case--mailing--contents--notice of hearing--time for.
- 536.068. Responsive pleadings to petitioner's complaint or petition to be filed, when--extension--content--bench ruling or memorandum decision on request, when.
- 536.070. Evidence--witnesses--objections--judicial notice--affidavits as evidence--transcript.
- 536.073. Depositions, use of--how taken--discovery, when available--enforcement--administrative hearing commission to make rules for depositions by stipulation--rules subject to suspension by joint co
- 536.075. Discovery rule violations, sanctions.
- 536.077. Subpoenas, issuance--form--how served--how enforced.
- 536.080. Parties may file briefs--officials to hear or read evidence.
- 536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties.
- 536.085. Definitions.
- 536.087. Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding--application, content, filed with court or agency where party appeared--appeal by state, effect--pow
- 536.090. Decisions in writing--notice.
- 536.095. Contempt--procedure for punishment.
- 536.100. Party aggrieved entitled to judicial review--waiver of independent review, when.
- 536.110. Petition, when filed--process--venue.
- 536.120. Suspension of decisions or orders.
- 536.130. Record on judicial review.
- 536.140. Scope of judicial review--judgment--appeals.
- 536.150. Review by injunction or original writ, when--scope.
- 536.160. Refund of funds paid into court, when.
- 536.200. Fiscal note for proposed rules affecting public funds, required when, where filed, contents--failure to file, procedure--publication--effect of failure to publish--first year evaluation, publ
- 536.205. Fiscal notes for proposed rules affecting private persons or entities, required, when, where filed, contents--publication--effect of failure to publish--challenges to rule for failure to comp
- 536.210. Fiscal note forms.
- 536.215. Revised fiscal notes required, when--rejection, when.
- 536.300. Proposed rules, effect on small business to be determined, exceptions--impact statement to be prepared, when, contents.
- 536.303. Small business statement required for certain proposed rules, content.
- 536.305. Small business regulatory fairness board established, members, terms, expenses, meetings--rulemaking authority.
- 536.310. Authority of board.
- 536.315. State agencies to consider board recommendations, response.
- 536.320. Waiver or reduction of administrative penalties, when--inapplicability, when.
- 536.323. Small business objection to rules, petition may be filed, grounds--procedure for petition.
- 536.325. Rules affecting small business, list submitted to general assembly and board--availability of list--testimony may be solicited.
- 536.328. Judicial review for small businesses adversely affected or aggrieved by an agency action, procedure.
- Chapter 537 Torts and Actions for Damages
- 537.010. Action for damages to property to survive regardless of death of either party.
- 537.020. Action for personal injury or death to survive regardless of death of either party.
- 537.021. Action for damages--personal representative to maintain or defend--exception--action against liability insurer, procedure.
- 537.030. Section 537.010 not to extend to what action.
- 537.035. Peer review committees--composition, purpose--immunity from civil liability, who, when--disclosure of records prohibited, exceptions--testimony before, discovery and admissibility, limitation
- 537.037. Emergency care, no civil liability, exceptions (Good Samaritan law).
- 537.040. (Repealed L. 2007 S.B. 613 Revision § A)
- 537.045. Parent or guardian liable for damages by minor, when, limitation--minor's liability--work accepted in lieu of payment.
- 537.046. Childhood sexual abuse, injury or illness defined--action for damages may be brought, when.
- 537.047. Civil action for damages authorized, sexual and pornographic offenses involving a minor--statute of limitations.
- 537.050. Civil action not merged in criminal prosecution.
- 537.053. Sale of alcoholic beverage may be proximate cause of personal injuries or death--requirements--(dram shop law).
- 537.055. Operation of a motorcycle not evidence of comparative negligence.
- 537.060. Contribution between tort-feasors--release of one or more, effect.
- 537.065. Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract--effect.
- 537.067. Joint and several liability of defendants in tort actions, allocation of responsibility for judgment--defendants several liability for punitive damages.
- 537.068. Court may enter remittitur order or increase jury award, when.
- 537.069. Provisions of certain laws applicable to all causes of action.
- 537.080. Action for wrongful death--who may sue--limitation.
- 537.085. Defenses to wrongful death action.
- 537.090. Damages to be determined by jury--factors to be considered.
- 537.095. Joinder of parties not required, when, effect on recovery--plaintiff ad litem, recovery, distribution.
- 537.100. Limitation of action--effect of absence of defendant and nonsuit.
- 537.105. Radio station not liable for defamation, when.
- 537.110. What words are actionable.
- 537.115. Food donation or distribution, limited liability, when.
- 537.117. Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions.
- 537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions.
- 537.120. Physician not liable for restraint of mentally incapacitated persons.
- 537.125. Shoplifting--detention of suspect by merchant--liability presumption.
- 537.130. Liability for damages caused by riotous assemblage.
- 537.165. Political subdivisions to defend tort actions against firemen involving use of motor vehicles--extent of liability.
- 537.170. Waiver of rights to damages by blind employee.
- 537.180. Negligence of fellow servant no defense in action by employee against railroad or mine.
- 537.190. Fellow servant defined.
- 537.200. Vice-principals defined.
- 537.210. Contracts limiting liability invalid.
- 537.220. Construction and application of sections 537.180 to 537.210.
- 537.230. Action against mining operator for wrongful death of employee--amount--limitation.
- 537.240. Railroads and railroad corporation or companies--terms construed.
- 537.250. Liability of common carrier for loss or damage to property transported--who may be joined as defendants.
- 537.260. Railroad liable for killing stock--irrespective of negligence unless road is fenced.
- 537.270. Insufficient fence on railroad--stock killed--damages.
- 537.280. Injury to stock by railroad--agreed damages--payment, when.
- 537.290. Failure to pay agreed damages--double damages.
- 537.294. Firearm ranges--definitions--not to be deemed a nuisance, when--immunity from civil and criminal liability, when.
- 537.295. Agricultural operation not to be deemed a nuisance, when--exceptions--costs.
- 537.296. Private nuisance action in excess of one million dollars, court or jury shall visit property.
- 537.297. Transfer of anhydrous ammonia, tamperer assumes risk--owners immune from liability and suit, when.
- 537.300. Penalty for driving away of others' stock by drovers.
- 537.310. Proceedings under section 537.300.
- 537.320. Judgment--execution.
- 537.325. Definitions--liability for equine activities, limitations, exceptions--signs required, contents.
- 537.327. Paddlesport activities--definitions--immunity from liability, when--exemptions--posting of signs required, content.
- 537.330. Malicious trespass--to personalty--double damages--issuance of attachment, when.
- 537.340. Trespass on realty--treble damages recoverable, when--rules for trimming, removing, and controlling trees.
- 537.345. Definitions for sections 537.345 to 537.347.
- 537.346. Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use.
- 537.347. Landowner directly or indirectly invites or permits persons on land for recreation, effect.
- 537.348. Landowner liable, when--definitions.
- 537.349. Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol--limitations.
- 537.350. Double damages for throwing down gates and fences--exception.
- 537.353. Liability for damage or destruction of field crop products, when--court costs awarded, when.
- 537.355. Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.
- 537.360. Single damages only recoverable, when.
- 537.370. Penalties, how recovered.
- 537.380. Fires from railroad engines--damages.
- 537.400. Double damages for willful fires.
- 537.410. Damages for backwater caused by boom across stream--attorney's fee.
- 537.420. Tenant for life or years liable for treble damages for waste.
- 537.430. Who may sue.
- 537.440. Heirs may sue for waste, when.
- 537.450. Tenant holding land after having aliened it liable for waste.
- 537.460. Tenants liable to cotenants, when.
- 537.470. Conservators, liable for waste, when.
- 537.480. What damages recovered for waste.
- 537.490. Treble damages if waste was wantonly committed.
- 537.500. Where waste committed pending suit, receiver may take possession.
- 537.510. Actions for waste, brought against whom.
- 537.520. Interest as part of damages.
- 537.523. Institutional vandalism, civil actions for damages or injunction--attorney fees and costs.
- 537.524. Injunction and damages for interference with lawful hunting and trapping.
- 537.525. Tampering with computer data, computer equipment, or computer users--damages--attorney fees, certain expenses, awarded when.
- 537.528. Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis--procedural issues.
- 537.550. Limitation on liability for injury or death at fairs or festivals--signs to be posted, content.
- 537.595. Citation--definitions--immunity from liability for claims relating to weight gain or obesity, when, exceptions--petition, contents--effective date.
- 537.600. Sovereign immunity in effect--exceptions.
- 537.610. Liability insurance for tort claims may be purchased by whom--limitation on waiver of immunity--maximum amount payable for claims out of single occurrence--exception--apportionment of settlem
- 537.615. Liability of state increase to apply, when.
- 537.620. Political subdivisions may jointly create entity to provide insurance--entity created not deemed an insurance company or insurer.
- 537.625. Procedure to form insurance entity.
- 537.630. Director to approve articles and issue license.
- 537.635. Entity to be treated as corporation--not to produce profit--may pay dividends, when.
- 537.640. Director to examine--renewal license fee--amendments to articles.
- 537.645. Director may take charge of entity, when.
- 537.650. Premium tax not required.
- 537.675. Tort victims' compensation fund established--definitions--notification of punitive damage award to attorney general, lien for deposit into fund--legal services for low-income people.
- 537.678. Percentage of fund to be used to assist uncompensated tort victims--filing of claims, procedure.
- 537.681. Eligibility requirements--waiver of certain requirements, when--incarcerated victim, procedure.
- 537.684. Filing of a claim, determining compensation, procedure--payment of claims.
- 537.687. Medical records submitted, when--violation, penalty.
- 537.690. Petition for review of a decision by the division filed with commission--judicial review permitted, when.
- 537.693. Right of subrogation, payment of a claim--division lien on any compensation received by claimant--rulemaking authority.
- 537.700. Public entity risk management fund established--definitions--who may participate.
- 537.705. Effect of participation in fund--use of funds, limits--board of trustees, duties--staff--board to be notified of claims, when--board may contract with independent insurance agents.
- 537.710. Board of trustees established--members, appointment, qualifications, terms, liability limited.
- 537.715. Board of trustees--officers.
- 537.720. Board, meetings--quorum--expenses.
- 537.725. Board--records--reports--principal office--seal.
- 537.730. Board--duties--rulemaking authority--subpoena power--prohibited activities.
- 537.735. Fund account, how maintained.
- 537.740. Insufficient contributions, assessment, abatement, deferral--retroactive application.
- 537.745. Construction of provisions.
- 537.750. Exhaustion of fund, claims to be prorated.
- 537.755. Fund money not available for certain purposes, exception.
- 537.756. Maximum amount payable from fund--how calculated.
- 537.760. Products liability claim defined.
- 537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure--order of dismissal to be interlocutory.
- 537.764. State of the art, defined--affirmative defense in cases of strict liability for failure to warn--burden of proof on party asserting defense--action for negligence, when.
- 537.765. Contributory fault as complete bar to plaintiff's recovery abolished--doctrine of comparative fault to apply--fault of plaintiff an affirmative defense to diminish damages--fault defined.
- Chapter 538 Tort Actions Based on Improper Health Care
- 538.205. Definitions.
- 538.210. Limitation on noneconomic damages--jury not to be informed of limit--limit--punitive damages, requirements.
- 538.215. Damage itemization by trier of fact--excess noneconomic damages to be reduced by court.
- 538.220. Damages, how paid--security required for future damage payments, when, duration--attorney's fees--death of judgment creditor, effect.
- 538.225. Affidavit by a health care provider certifying merit of case--legally qualified health care provider, defined--content filed, when--failure to file, effect--in camera review, when.
- 538.228. Immunity from civil liability for certain health care professionals and entities, when.
- 538.229. Certain statements, writings, and benevolent gestures inadmissible, when--definitions.
- 538.230. (Repealed L. 2005 H.B. 393 § A)
- 538.232. Venue for certain actions against health care providers, where.
- 538.235. Laws applicable to what actions.
- 538.300. Certain laws not applicable to sections 538.205 to 538.230.
- 538.305. Applicability to causes of action, when.