☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 573

< > Effective - 15 Jul 1987, see footnote bottom

  573.070.  Injunctions and declaratory judgments. — 1.  Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of this chapter, a civil action may be instituted in the circuit court by the prosecuting or circuit attorney or by the city attorney of any city, town or village against any person violating or about to violate those sections in order to obtain a declaration that the promotion, furnishing or display of such material or performance is prohibited.  Such an action may also seek an injunction appropriately restraining promotion, furnishing or display of the material or performance.

  2.  Such an action may be brought only in the circuit court of the county in which any such person resides, or where the violation is taking place or about to take place.

  3.  Any promoter, furnisher or displayer of, or a person who is about to be a promoter, furnisher or displayer of, the material or performance involved may intervene as of right as a party defendant in the proceedings.

  4.  The trial court and the appellate court shall give expedited consideration to actions and appeals brought under this section.  The defendant shall be entitled to a trial of the issues beginning within one week after joinder of issue and a decision shall be rendered by the court within two days of the conclusion of the trial.  No restraining order or injunction of any kind shall be issued restraining the promotion, furnishing or display of any material or performance without a prior adversary hearing before the court.

  5.  A final declaration obtained pursuant to this section may be used to form the basis for an injunction and for no other purpose.

  6.  All laws regulating the procedure for obtaining declaratory judgments or injunctions which are inconsistent with the provisions of this section shall be inapplicable to proceedings brought pursuant to this section.  There shall be no right to jury trial in any proceedings under this section.

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(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al.)

Effective 7-15-87


---- end of effective  15 Jul 1987 ----

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