Effective - 28 Aug 2001
534.070. Complaint and summons — court date assigned, when. — 1. When complaint to the circuit court of the proper county shall be made in writing, signed by the party aggrieved, his agent or attorney, and sworn to, specifying the lands, tenements or other possessions so forcibly entered and detained, or unlawfully detained, and by whom and when done, it shall be the duty of the clerk of the court to issue a summons directed to the sheriff or proper officer of the county, commanding him to summon the person against whom the complaint shall have been made to appear, at a day in such summons to be specified.
2. A court date shall be assigned at the time the summons is issued. The court date shall be for a day certain which is not more than twenty-one business days from the date the summons is issued unless, at the time the case is filed, the plaintiff or plaintiff's attorney consents in writing to a later date.
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(RSMo 1939 § 2836, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634, A.L. 1999 H.B. 242, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 2450; 1919 § 2998; 1909 § 7660
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 534 - Forcible Entry and Unlawful Detainer
Section 534.010 - What entries deemed lawful.
Section 534.020 - Forcible entry and detainer defined.
Section 534.030 - Unlawful detainer defined — foreclosure, notice to tenants, procedure.
Section 534.040 - Estates comprehended in sections 534.010 to 534.030.
Section 534.050 - Demand for possession, how made and proved.
Section 534.060 - Before whom cognizable — centralized filing — assignment of cases.
Section 534.070 - Complaint and summons — court date assigned, when.
Section 534.080 - Form of summons.
Section 534.090 - Serving of summons — service by mail — publication of notice.
Section 534.100 - Return of officer.
Section 534.110 - Power to issue subpoenas and compel attendance of witnesses.
Section 534.120 - Failure to prosecute, nonsuit.
Section 534.130 - Failure of defendant to appear.
Section 534.140 - Both parties appear — proceedings.
Section 534.160 - Demand for trial by jury.
Section 534.170 - Amendments permitted and new parties added, when.
Section 534.180 - Depositions may be taken.
Section 534.190 - When depositions may be read.
Section 534.200 - Proof required of complainant.
Section 534.210 - Merits of title cannot be inquired into.
Section 534.220 - Rights under derivative titles may be shown.
Section 534.230 - Extent of claim of person having lawful possession.
Section 534.240 - Extent of claim where there has been no survey.
Section 534.250 - Persons having settlement on public lands may maintain action, when.
Section 534.260 - Heirs, devisees entitled to what remedies.
Section 534.270 - If lessor dies, remedy survives to heirs.
Section 534.280 - Effect of forfeiture of lease.
Section 534.290 - New tenant may maintain action, when.
Section 534.300 - Three years' possession a bar to the action.
Section 534.310 - Verdict for complainant — what it shall include.
Section 534.320 - Verdict may be corrected in matters of form.
Section 534.330 - Judgment on verdict for complainant.
Section 534.340 - Transcript of judgment — revived and enforced, how.
Section 534.347 - Unauthorized sublessor or assignor of leased premises, double damages, when.
Section 534.350 - Execution — when issued and levied.
Section 534.370 - Form of execution against defendant.
Section 534.380 - Judgment stay for appeals.
Section 534.540 - Proceedings on default of defendant.
Section 534.570 - Appeals to supreme court — supersedeas.
Section 534.590 - Writs of restitution, against whom executed.