This law is about wrongful death lawsuits. A person has three years to file a wrongful death lawsuit. If the person being sued leaves the state and cannot be served with court papers, the time they are gone does not count toward that three-year limit. If a lawsuit was started on time but then thrown out for certain reasons, the person who filed can start a new lawsuit within one year. If a lawsuit is filed after the time limit has passed, the person suing has 180 days from filing to serve the other person with court papers, or the case gets dismissed.
537.100. of — effect of absence of and . — 1. Every action instituted under section 537.080 shall be within three years after the shall ; provided, that if any defendant, whether a resident or of the state at the time any such cause of action , shall then or thereafter be absent or depart from the state, so that cannot be had upon such defendant in the state in any such action heretofore or hereafter , the time during which such defendant is so absent from the state shall not be or taken as any part of the time limited for the of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the therein take or 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 in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent from the state shall not be deemed or taken as any part of such .
2. Any on a defendant by a plaintiff after the set forth in 1 of this section has expired or after the expiration of any extension of the time provided to commence an action law shall be made within one hundred eighty days of the of the . If such service is not made on a defendant within one hundred eighty days of the filing of the petition, the court shall dismiss the action against the defendant. The dismissal shall be unless the plaintiff has previously taken or suffered a nonsuit, in which case the dismissal shall be .
(RSMo 1939 § 3656, A.L. 1955 p. 778, A.L. 1967 p. 663, A.L. 1979 S.B. 368, A.L. 2018 S.B. 871)
Prior revisions: 1929 § 3266; 1919 § 4221; 1909 § 5429
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Definitions
RSMo 537.1000
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RSMo 537.1015
Punitive damages, when
RSMo 537.1020
Expiration date
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.