Effective – 28 Aug 1939 534.010. What entries deemed lawful. — No person shall enter upon or into any lands, tenements or other possessions, and detain and hold the same, but when entry is given by law, and then only in a peaceable manner. ——– (RSMo 1939 § 2831) Prior revisions: 1929 § 2445; 1919 […]
Effective – 28 Aug 1939 534.020. Forcible entry and detainer defined. — If any person shall enter upon or into any lands, tenements or other possessions, with force or strong hand, or with weapons, or by breaking open the doors or windows or other parts of a house, whether any person be in it or […]
Effective – 28 Aug 2009 534.030. Unlawful detainer defined — foreclosure, notice to tenants, procedure. — 1. When any person willfully and without force holds over any lands, tenements or other possessions, after the termination of the time for which they were demised or let to the person, or the person under whom such person […]
Effective – 28 Aug 1939 534.040. Estates comprehended in sections 534.010 to 534.030. — Sections 534.010 to 534.030 shall extend to and comprehend terms for years, and all estates, whether freehold or less than freehold. ——– (RSMo 1939 § 2834) Prior revisions: 1929 § 2448; 1919 § 2996; 1909 § 7658
Effective – 28 Aug 1939 534.050. Demand for possession, how made and proved. — The demand required by section 534.030 shall be made either by delivering a copy of such demand to the person in possession, or by leaving such copy with some person above the age of fifteen years, residing on or being in […]
Effective – 28 Aug 2014 534.060. Before whom cognizable — centralized filing — assignment of cases. — Forcible entries and detainers, and unlawful detainers, may be heard and determined by any associate circuit judge of the county in which they are committed. Neither the provisions of this section or any other section in this chapter […]
Effective – 28 Aug 2001 534.070. Complaint and summons — court date assigned, when. — 1. When complaint to the circuit court of the proper county shall be made in writing, signed by the party aggrieved, his agent or attorney, and sworn to, specifying the lands, tenements or other possessions so forcibly entered and detained, […]
Effective – 02 Jan 1979 534.080. Form of summons. — The summons shall be endorsed on or annexed to the complaint, and may be in the following form: The state of Missouri, to the sheriff of the county of ______, greeting: You are hereby commanded to summon E F, of the county of ______, to […]
Effective – 28 Aug 2005 534.090. Serving of summons — service by mail — publication of notice. — 1. Such summons shall be served as in other civil cases at least four days before the court date specified in such summons. 2. If the summons in such action cannot be served in the ordinary manner […]
Effective – 28 Aug 1939 534.100. Return of officer. — The officer shall, on or before the trial day, return the summons and certify thereon, or annex thereto, how he executed it. ——– (RSMo 1939 § 2839) Prior revisions: 1929 § 2453; 1919 § 3001; 1909 § 7663
Effective – 02 Jan 1979 534.110. Power to issue subpoenas and compel attendance of witnesses. — The judge shall have power to issue subpoenas for witnesses on the application of either party, and if the witnesses summoned do not attend, may issue an attachment to compel their attendance, and may continue the cause at his […]
Effective – 28 Aug 1939 534.120. Failure to prosecute, nonsuit. — If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs. ——– (RSMo 1939 § 2840) Prior […]
Effective – 02 Jan 1979 534.130. Failure of defendant to appear. — If the defendant, being duly summoned, does not appear at the time appointed for hearing the complaint, the judge shall proceed with the hearing of the cause. ——– (RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 […]
Effective – 02 Jan 1979 534.140. Both parties appear — proceedings. — When both parties appear before the judge in person, or by agent or attorney, at the time appointed for the trial of the cause, the judge shall proceed to examine the complaint and proofs of the parties, and judgment shall thereupon be rendered […]
Effective – 02 Jan 1979 534.160. Demand for trial by jury. — Either party shall have the right to a jury trial if a timely request therefor is made as in other civil cases. ——– (RSMo 1939 § 2843, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2457; 1919 § 3005; […]
Effective – 02 Jan 1979 534.170. Amendments permitted and new parties added, when. — Any judge may, in open court and at any time, in furtherance of justice and on such terms as may be proper, on motion of either party, allow any complaint, summons, writ or other proceeding to be amended and permit new […]
Effective – 02 Jan 1979 534.180. Depositions may be taken. — Depositions may be taken to be read on trial of any such cause in the same manner as in causes before circuit judges. ——– (RSMo 1939 § 2857, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2471; 1919 § 3019; […]
Effective – 02 Jan 1979 534.190. When depositions may be read. — Every such deposition taken and returned according to law may be read if competent and relevant, as evidence in the cause in the same manner and under the same circumstances as in the trial of civil causes before circuit judges. ——– (RSMo 1939 […]
Effective – 28 Aug 1945 534.200. Proof required of complainant. — The complainant shall not be compelled to make further proof of the forcible entry or detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the same. ——– (RSMo 1939 § 2844, […]
Effective – 28 Aug 1939 534.210. Merits of title cannot be inquired into. — The merits of the title shall in nowise be inquired into, on any complaint which shall be exhibited by virtue of the provisions of this chapter. ——– (RSMo 1939 § 2853) Prior revisions: 1929 § 2467; 1919 § 3015; 1909 § […]
