☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

< > Effective - 02 Jan 1979, see footnote bottom

  512.280.  Same cause to be heard — necessary parties may be added. — The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to a complete determination of the cause of action, may be added in the trial de novo.

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(RSMo 1939 § 2744, A.L. 1945 p. 765 § 139, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2358; 1919 § 2908; 1909 § 7585

Effective 1-02-79

(1976) Held that supreme court rule overrides this section and that third party practice, (court rule 41.01(b) controls.  State ex rel. Mayweather v. Bondurant (A.), 538 S.W.2d 953.

(1985) Plaintiff's amendment to increase the amount of damages in the trial de novo was proper where the same cause of action based on the same theory and supported by the same ultimate facts was heard in the trial de novo. McMenamy v. Main (Mo.App.), 686 S.W.2d 874.


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

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