Section 512.190

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

Effective - 01 Jan 1987, see footnote   

  512.190.  Perfecting right of trial de novo, how. — 1.  The right of trial de novo provided in subsection 1 of section 512.180 shall be perfected by filing an application for trial de novo with the clerk serving the associate circuit judge within ten days after the judgment is rendered.  A copy of the application shall be mailed by the clerk to the opposing party or his attorney of record or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered.  No application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the associate circuit judge, within the time prescribed in the first sentence of this section, enter into a recognizance before the associate circuit judge to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment be given against him, he will pay such judgment, and that, if his application for trial de novo be dismissed, he will pay the judgment rendered by the associate circuit judge, together with the costs.

  2.  Appeals to the court of appeals or to the supreme court shall be governed by the same rules applicable to appeals from judgments rendered by circuit judges.

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(L. 1945 p. 765 § 130, A.L. 1947 V. I p. 240, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al. § B, A.L. 1986 S.B. 741)

Effective 1-01-87