Missouri Revised Statutes
Chapter 482 - Small Claims Courts
Section 482.355 - Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when.

Effective - 28 Aug 1985
482.355. Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when. — 1. The defendant in a small claims action shall appear at the time and place specified in the summons and the case shall be tried on the day set for appearance unless continued by the court upon request of either party. No party shall be entitled to a continuance, except on a showing of good cause and at the discretion of the small claims court judge. If the defendant appears, he need not file an answer, and, when no answer is filed the allegations of the complaint shall be considered denied and any defense may be proved as if it were specifically pleaded.
2. If, upon the date set for the hearing of a small claims action, the defendant, having been duly served, 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 plaintiff to establish a prima facie case, may enter judgment for the amount claimed. If the plaintiff does not appear, or if neither the plaintiff nor defendant appears, the court may enter an order dismissing the action. Any action so dismissed may not be brought in small claims court again, but may be brought in an appropriate division of the circuit court using regular proceedings.
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(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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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.