Effective - 28 Aug 2016
515.600. Immunity from liability, when. — 1. A receiver appointed pursuant to sections 515.500 to 515.665, and the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 shall enjoy judicial immunity for acts and omissions arising out of and performed in connection with his or her official duties on behalf of the court and within the scope of his or her appointment. A person other than a successor receiver duly appointed by the court does not have a right of action against a receiver under this section to recover property or the value thereof for or on behalf of the estate except as provided in subsection 2 of this section. A successor receiver may recover only actual damages incurred by the receivership estate from a prior receiver.
2. A person, other than a successor receiver duly appointed by the court, shall not have the right to bring an action against a receiver or the agents, attorneys, and employees of the receivership employed by the receiver pursuant to section 515.605 for any act or omission while acting in the performance of their functions and duties in connection with the receivership unless such person first files a verified application with the appointing court requesting leave to bring such action and the court grants such application after notice and hearing. The appointing court shall only approve the application to bring claims against the receiver under this section upon a prima facie showing by the person making such request that the receiver's actions are not protected by the grant of immunity set forth in subsection 1 of this section. No other court apart from the appointing court shall have the authority to review or approve the application to bring claims against the receiver under this section.
3. If a person requests leave to bring claims under subsection 2 of this section and such leave is denied, the court shall grant judgment in favor of the receiver for the costs of the proceeding and reasonable attorney's fee if the court finds that the position of the person was not substantially justified.
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(L. 2016 H.B. 1765 merged with S.B. 578)
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 515 - Referees and Receivers
Section 515.010 - Cases referred by consent.
Section 515.020 - When referred by order of court.
Section 515.030 - Parties may agree upon referees or court shall appoint.
Section 515.040 - Referees to be disinterested parties.
Section 515.050 - Oath of referees.
Section 515.060 - Referees to hear and determine cause without delay.
Section 515.070 - Appointment in case of death or removal of referee.
Section 515.080 - Referees must all meet and conduct hearing.
Section 515.090 - Hearing — notice — adjournments.
Section 515.100 - Service of notices, how and by whom made.
Section 515.110 - Power to compel attendance of witnesses.
Section 515.120 - Service of notices and subpoenas.
Section 515.130 - May compel parties to testify and produce documents.
Section 515.140 - Punishment of parties for contempt.
Section 515.150 - Punishment for refusal to testify.
Section 515.160 - Depositions may be taken and read.
Section 515.170 - Testimony to be written — exceptions to be stated in report.
Section 515.180 - Court may compel referees to hear and report.
Section 515.190 - Report of referees.
Section 515.200 - Exceptions to report.
Section 515.210 - Proceedings on report.
Section 515.220 - Compensation of referees.
Section 515.230 - Compensation of witnesses and officers.
Section 515.500 - Citation of law.
Section 515.505 - Definitions.
Section 515.510 - Court authorized to appoint receiver, when, procedure.
Section 515.515 - General and limited receivers.
Section 515.520 - Notice of appointment, content.
Section 515.525 - Replacement of receiver, when.
Section 515.530 - Bond requirements.
Section 515.535 - Receiver to have powers and priority of creditor.
Section 515.540 - Court to have exclusive authority, when.
Section 515.545 - Powers, authority, and duties of receivers.
Section 515.550 - Estate property, turnover of upon demand — court action to compel.
Section 515.555 - Debtor duties and requirements.
Section 515.560 - Debtor to file schedules, when.
Section 515.565 - Appraisal not required without court order.
Section 515.570 - General receiver to file monthly report, contents.
Section 515.590 - Unsecured credit or debt, receiver may obtain, when.
Section 515.600 - Immunity from liability, when.
Section 515.605 - Employment of professionals.
Section 515.615 - Claims administration process.
Section 515.620 - Objection to a claim, procedure.
Section 515.625 - Distribution of claims.
Section 515.630 - Secured claims permitted against estate property.
Section 515.635 - Noncontingent liquidated claims, interest allowed, rate.
Section 515.640 - Burdensome property, abandonment of, when.
Section 515.645 - Use, sale, or lease of estate property by receiver.
Section 515.650 - Receiver may be appointed as a receiver by out-of-state court, when.
Section 515.655 - Removal or replacement of receiver, procedure.