If someone files a lawsuit on time but then loses it in certain ways — like a nonsuit, an arrested judgment, or a reversal on appeal — that person gets one extra year to file the same lawsuit again. If the person dies, their heirs or estate representatives also get that same one-year window to refile.
516.230. Further savings in cases of s. — If any shall have been within the times respectively prescribed in sections 516.010 to 516.370, and the therein suffer a nonsuit, or, after a for him, the be arrested, or, after a judgment for him, the same be or error, such plaintiff may commence a new action from time to time, within one year after such nonsuit suffered or such or reversed; and if the or to his , or survive to his or , they may, in like manner, commence a new action within the time herein allowed to such plaintiff, or, if no or be qualified, then within one year after or of shall have been granted to him.
(RSMo 1939 § 1026)
Prior revisions: 1929 § 874; 1919 § 1329; 1909 § 1900
(1977) is a species of nonsuit and action could be commenced within one year from such dismissal. State ex rel. Buchanan County v. Roach (A.), 548 S.W.2d 206.
(1978) So-called "savings " concerning right to suit within one year after original suit is voluntarily nonsuited is not a general statute and its action is limited to prescribed by statute. Stine v. Kansas City Railway Company (A.), 564 S.W.2d 619.
(1985) Savings was held not to apply where first action was filed outside Missouri. King v. Nashua Corp. (8th Cir.), 763 F.2d 332.
(1985) Reversal and for a new trial does not constitute reversal for purposes of invoking the one-year savings provision. Sanders v. Daniel Intern Corp. 616 F.Supp. 127 (D.C. Mo.).
(1986) One-year refiling period provided by this section applies only to actions commenced in Missouri. Mizokami Bros. of Arizona, Inc. v. Mobay Chemical Corp. 798 F.2d 1196 (8th Cir.).
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Related Missouri laws
Not to apply to what
RSMo 516.220
If defendant dies, when and against whom new suit to be brought
RSMo 516.240
Time not to be computed during a war
RSMo 516.210
Suit abated by death of plaintiff, when
RSMo 516.250
If defendant be out of state before or departs after cause of action commences, when action may be commenced
RSMo 516.200
Suit stayed by injunction, time not computed
RSMo 516.260
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.