Missouri Revised Statutes
Chapter 482 - Small Claims Courts
Section 482.320 - Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge.

Effective - 02 Jan 1979
482.320. Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. — 1. At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence as the plaintiff's original claim. The pleading requirements for filing such a counterclaim shall be the same as those for the filing of the original claim.
2. At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff's original claim.
3. If, during the course of the hearing, the judge determines that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's original claim, the judge may question the parties on the counterclaim and render judgment on it as if it had been raised on the initiative of the defendant.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)
Effective 1-02-79

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXII - Courts

Chapter 482 - Small Claims Courts

Section 482.300 - Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases.

Section 482.305 - Jurisdiction of small claims court.

Section 482.310 - Procedure in small claims court.

Section 482.315 - Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred.

Section 482.320 - Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge.

Section 482.325 - Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when.

Section 482.330 - Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where.

Section 482.335 - Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law.

Section 482.340 - Form of petition and summons — instructions for defendant — waiver of trial by jury — availability of forms.

Section 482.345 - Court costs — procedure for assessment of costs, award of fees and disbursement of fees.

Section 482.350 - Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service.

Section 482.355 - Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when.

Section 482.360 - Barring person from small claims court, grounds, length of bar.

Section 482.365 - Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure.