Mo. Rev. Stat. » Chapter 115
Missouri Revised Statutes

Mo. Rev. Stat. § 115.581 (2026)

Case to be tried, when

✓ current as of May 2026
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  115.581.  Case to be tried, when. — Immediately upon the filing of a petition and answer, if there is any, the court shall proceed to try the case and may at once appoint a commissioner to take testimony in the same way and manner as provided for the contest of state offices in section 115.561.

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(L. 1977 H.B. 101 § 13.315)

Effective 1-01-78

Notes of Decisions
Cited in 8 cases, 1982–2016 · leading case: Wright-Jones v. Johnson, 256 S.W.3d 177 (Mo. Ct. App. 2008).
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Wright-Jones v. Johnson, 256 S.W.3d 177 (Mo. Ct. App. 2008). · cites it 16× “Section 115.581 of the Election Contest Statutes Authorized the Trial Court to Set and Hold a Trial on Wright-Jones’s Petition on May 9, 2008 As noted above, Johnson argues in her second and third points on appeal that the trial court did not have statutory authority to set or…”
Foster v. Evert, 751 S.W.2d 42 (Mo. 1988). · cites it 6× “3; Section 115.581. The contestee’s answer, if filed, serves two limited purposes: to allow the contestee to indicate specific reasons “why his nomination should not be contested” and to permit the contestee to set out “the votes he wishes to contest and the facts he wishes to…”
Beatty v. Metro. St. Louis Sewer Dist., 700 S.W.2d 831 (Mo. 1985). · cites it 2× “” § 115.581, RSMo 1978. This is an election on a special district question conducted by more than one elec *835 tion authority.”
Ryan A. Silvey v. J. Ranen Bechthold Clay Cnty. Bd. of Election Commissioners, 499 S.W.3d 760 (Mo. Ct. App. 2016). · cites it 2× “Section 115.581 states; in pertinent part, “Immediately upon the filing of a petition and answer, if there is any, the court shall proceed to try the case.”
Reeves v. Bockman, 101 S.W.3d 280 (Mo. Ct. App. 2002). · cites it 2× “Section 115.581 allows for further delay so that the court can appoint a commissioner to take witness testimony, depositions, and conduct other discovery related to the contested election.”
Authenreith v. Conner, 755 S.W.2d 287 (Mo. Ct. App. 1988). · cites it 3× “The court went on to note that after expiration of the 15 days, Section 115.581, RSMo 1986, requires the trial court to set the case for trial immediately.”
Mickels v. Henderson, 642 S.W.2d 661 (Mo. Ct. App. 1982). “In their second point, defendants allege the trial court erred in failing to appoint a commissioner as provided in § 115.581. The clear language of the statute, however, which defendants acknowledge makes appointment of a commissioner discretionary.”
Marre v. Reed, 775 S.W.2d 951 (1989). · cites it 2× “Section 115.581, RSMo 1986, directs the court to proceed immediately to try the case after the filing of a petition and answer.”
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