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Chapter 482

previous next Effective - 02 Jan 1979, see footnotebottom

  482.310.  Procedure in small claims court. — In all small claims proceedings:

  (1)  Parties may prosecute their claims and defenses without the assistance of an attorney.  Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee.  Such representation shall not be deemed the unauthorized practice of law.

  (2)  Except as otherwise provided herein or by rule of the supreme court, the established structure, administration and procedures in the divisions of the circuit court presided over by associate circuit judges in the respective counties in matters heard and determined within the class of cases enumerated in subdivision (1) of subsection (2) of section 478.225 shall prevail.

  (3)  Proceedings shall be conducted in an informal summary manner, and the formal rules of evidence and procedure shall not apply.

  (4)  The judge shall assume an affirmative duty to determine the merits of the claims and defenses of plaintiffs and defendants and may question parties and witnesses.

  (5)  No discovery shall be permitted.

  (6)  Trial shall be to the judge sitting without jury.

  (7)  The provisions of sections 482.300 to 482.365 shall be liberally construed and applied to effectuate the purposes of the act.  Judges sitting as a small claims court shall have the power and duty to construe and apply sections 482.300 to 482.365 to further its purposes.

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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 3, A.L. 1978 H.B. 1634)

Effective 1-02-79


---- end of effective   02 Jan 1979 ----

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