Missouri Revised Statutes

Mo. Rev. Stat. § 1.040 (2026)

Computation of time

✓ current as of May 2026

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1.040. Computation of time. — The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.

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(RSMo 1939 § 655, A. 1949 S.B. 1001, A.L. 1957 p. 587)

Prior revisions: 1929 § 655; 1919 § 7058; 1909 § 8057

CROSS REFERENCE:

Civil code of procedure for cases at law, periods of time prescribed by the code, 506.060

(1956) Where ninetieth day for filing mechanic's lien occurred on Decoration Day, May 30, which was Sunday, the time for filing under § 506.060 was extended until Tuesday, June 1, because Monday became the holiday under § 9.010. Herman v. Dixon (A.), 285 S.W.2d 716.

(1974) Computation of time clarified. Bowling v. Webb Gas Co., Inc. of Lebanon (Mo.), 505 S.W.2d 39.

(1974) Option given on January 21 and providing for seventy-five days to act and further providing that notification by mail deposited on or before expiration date would be sufficient was complied with by notice mailed April 5. Gottlieb v. LaBrunerie (A.), 514 S.W.2d 27.

(1986) This section is applicable to statutes only, not to city charter provisions. Friends of City Market v. Old Town Redevelopment, 714 S.W.2d 569 (Mo.App.).

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1963–2024 · leading case: Bank of Holden v. Bank of Warrensburg, 15 S.W.3d 758 (Mo. Ct. App. 2000).

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Bank of Holden v. Bank of Warrensburg, 15 S.W.3d 758 (Mo. Ct. App. 2000). · cites it 19× “The question boils down to whether or not § 1.040, RSMo.1994 1 , Missouri’s time computation statute, applies to the Uniform Commercial Code as adopted in this state.”

Morris v. Karl Bissinger, Inc., 272 S.W.3d 441 (Mo. Ct. App. 2008). · cites it 20× “01(a) or Mo.Rev.Stat. § 1.040 when computing the time to file her claim.”

Ins. Co. of PA v. Dir. of Revenue, 269 S.W.3d 32 (Mo. 2008). · cites it 4× “205. 9 Nothing in section 136.035, however, provides a specific Saturday extension or a “mailbox rule” that alters its statute of limitations.”

Friends of the City Mkt. v. Old Town Redevelopment Corp., 714 S.W.2d 569 (Mo. Ct. App. 1986). · cites it 5× “Plaintiffs also contend that § 1.040 of the revised statutes should be applied.”

Westerhold v. Mullenix Corp., 777 S.W.2d 257 (Mo. Ct. App. 1989). · cites it 2× “See § 1.040 RSMo 1986; Herrman v. Dixon, 285 S.”

Waldermeyer v. ITT Consum. Fin. Corp., 767 F. Supp. 989 (E.D. Mo. 1991). · cites it 2× “§ 1.040 (Vernon's 1969). See, e.g., O'Hara, 692 S.”

O'Hara v. Harline, 692 S.W.2d 635 (Mo. Ct. App. 1985). · cites it 6× “Then, Section 1.040 RSMo 1978 provides in part that in the computation of time: “If the last day is Sunday, it shall be excluded.”

Cardinal Glennon Mem'l Hosp. Coffee Shop v. Dir. of Revenue, 624 S.W.2d 115 (Mo. Ct. App. 1981). · cites it 5× “01 and § 1.040. The computation measure of each rule of procedure excludes Saturday, Sunday and legal holidays from the count of a prescribed period when the last time to perform falls on any of those days.”

Gottlieb v. LaBrunerie, 514 S.W.2d 27 (Mo. Ct. App. 1974). · cites it 3× “Of course, it is clear that under the provisions of Section 1.040 RSMo 1969, January 21, 1972 was to be excluded in such computation, which would make the option expiration date midnight, April 5, 1972.”

West v. Dir. of Revenue, 996 S.W.2d 775 (Mo. Ct. App. 1999). · cites it 3× “1, RSMo 1994; section 1.040, RSMo 1994; Rule 44.01. Director’s motion filed on October 26, 1998 was, therefore, timely.”

Rice v. Taylor-Morley-Simon, Inc., 842 S.W.2d 926 (Mo. Ct. App. 1992). · cites it 2× “See § 1.040, RSMo 1986; Rule 44.01; Westerhold v.”

Evergreen Lawn Serv., Inc. v. Dir. of Revenue, 685 S.W.2d 829 (Mo. 1985). · cites it 2× “Section 1.040 provides that Sunday is excluded as a terminal date.”

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