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Laws from the 1980s
RSMo 482.355effective 28 Aug 1985

Appearance for trial

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In plain English

In a small claims case, the defendant has to show up on the day listed on the summons. If the defendant shows up, they don't need to file any paperwork — they can just tell their side of the story. If the defendant doesn't show up after being properly notified, the judge can rule in the plaintiff's favor after hearing basic evidence. If the plaintiff doesn't show up, the case can be thrown out — and that same case cannot be filed in small claims court again, but it can be taken to a regular court.

Word-for-word law

482.355. Appearance for trial — , when granted — failure of to appear, consequences — procedure — dismissal of , when. — 1. The defendant in a small action shall appear at the time and place specified in the and the case shall be tried on the day set for appearance unless continued by the court upon request of either . No party shall be entitled to a continuance, except on a showing of and at the of the judge. If the defendant appears, he need not file an , and, when no answer is filed the allegations of the shall be considered denied and any may be proved as if it were specifically .

2. If, upon the date set for the of a small claims action, the defendant, having been , fails to appear at the time and place specified in the summons or specified by the court in response to a request for a continuance, the court, after presentation of evidence by the to establish a , may enter for the amount claimed. If the plaintiff does not appear, or if neither the plaintiff nor defendant appears, the court may enter an dismissing the action. Any action so dismissed may not be brought in small claims court again, but may be brought in an of the using regular proceedings.

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Source & history notes

(L. 1976 H.B. 1317 & 1098 § 4 subsec. 11, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 482.355: Appearance for trial | KnowMo Laws