☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

< > Effective - 28 Aug 2001, 6 histories, see footnote (history) bottom

  512.180.  Appeals from cases tried before associate circuit judge. — 1. Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge, other than an associate circuit judge sitting in the probate division or who has been assigned to hear the case on the record under procedures applicable before circuit judges, shall have the right of a trial de novo in all cases where the petition claims damages not to exceed three thousand dollars.

  2. In all other contested civil cases tried with or without a jury before an associate circuit judge or on assignment under such procedures applicable before circuit judges or in any misdemeanor case or county ordinance violation case a record shall be kept, and any person aggrieved by a judgment rendered in any such case may have an appeal upon that record to the appropriate appellate court. At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.

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(L. 1978 H.B. 1634, A.L. 1984 S.B. 602, A.L. 1985 S.B. 5, et al., A.L. 2001 S.B. 267)

(1999) Where petition claims damages in excess of statutory limit, circuit court lacks jurisdiction to rule on application for trial de novo; appropriate remedy is direct appeal. State ex rel. Kraska v. Cunningham, 25 S.W.3d 481 (Mo.App.E.D.).


---- end of effective  28 Aug 2001 ----

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