482.310. Procedure in small claims court. — In all small claims proceedings:
(1) Parties may prosecute their claims and defenses without the assistance of an attorney. Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee. Such representation shall not be deemed the unauthorized practice of law.
(2) Except as otherwise provided herein or by rule of the supreme court, the established structure, administration and procedures in the divisions of the circuit court presided over by associate circuit judges in the respective counties in matters heard and determined within the class of cases enumerated in subdivision (1) of subsection (2) of section 478.225 shall prevail.
(3) Proceedings shall be conducted in an informal summary manner, and the formal rules of evidence and procedure shall not apply.
(4) The judge shall assume an affirmative duty to determine the merits of the claims and defenses of plaintiffs and defendants and may question parties and witnesses.
(5) No discovery shall be permitted.
(6) Trial shall be to the judge sitting without jury.
(7) The provisions of sections 482.300 to 482.365 shall be liberally construed and applied to effectuate the purposes of the act. Judges sitting as a small claims court shall have the power and duty to construe and apply sections 482.300 to 482.365 to further its purposes.
Notes of Decisions
Russell Clark & Bart Mantia v. Gregory Kinsey, 488 S.W.3d 750 (Mo. Ct. App. 2016).
· cites it 13× “to the dismissals of the 2009 small claims petition and the 2010 small claims petition without prejudice, be *758 cause subsections (3) and (7) of section 482.310 RSMo 2000 6 exempt small claims cases from a strict application of the Missouri Rules of Civil Procedure.”
State Farm Fire & Cas. Co. v. Emde, 706 S.W.2d 543 (Mo. Ct. App. 1986).
· cites it 3× “§ 482.310(5, 6), RSMo Supp 1984. The informal and summary nature of these procedures does not ensure the opportunity to fully litigate issues that is a prerequisite to the application of collateral estoppel effect to small claims judgment.”
O'Bar v. Nickels, 698 S.W.2d 950 (Mo. Ct. App. 1985).
· cites it 2× “2, RSMo 1978, heard the cause without a jury, § 482.310(6), RSMo 1978. Plaintiff and defendant appeared without counsel, evidence was presented, and the court found the issues for defendant and against plaintiff.”
Jenish v. Weaver, 676 S.W.2d 526 (Mo. Ct. App. 1984).
· cites it 2× “To this end, § 482.310(4) RSMo 1978 and Rule 147.03 impose upon the judge of the Small Claims Court the affirmative duty to assure that claims and defenses are fully presented.”
Schmitz v. Taylor-Morley-Simon, Inc., 708 S.W.2d 786 (Mo. Ct. App. 1986).
· cites it 3× “The cause was originally heard in small claims court, Section 482.310 RSMo 1978, where buyer was awarded $400.”
Hutchison v. Vandenburg, 90 S.W.3d 229 (Mo. Ct. App. 2002).
“In § 482.310(7), the legislature mandated that Chapter 482 be “liberally construed and applied to effectuate the purposes of the act.”
State ex rel. Means v. Randall, 764 S.W.2d 120 (Mo. Ct. App. 1988).
“3 In all small claims actions, so § 482.310(3) declares, the “[proceedings shall be conducted in an informal summary manner, and the formal rules of evidence and procedure shall not apply.”
L.f.w., Jr., Petitioner-respondent v. Missouri State High. Patrol Crim. Records Repository, Resondents-appellants, No. SD35745, 35746, &, 35747, CONSOLIDATED (Mo. Ct. App. Oct. 10, 2019).
· cites it 5× “Under section 482.310, the formal rules of evidence do not apply to small claims court procedures, and proceedings "shall be conducted in an informal summary manner[.”
Lovejoy v. Weese, 689 S.W.2d 387 (Mo. Ct. App. 1985).
“1 In the trial de novo, the mandate of § 482.310(3), to conduct proceedings in an informal manner, was certainly observed.”
Mo. Rev. Stat. § 482.310(3): 4 cases
State Farm Fire & Cas. Co. v. Emde, 706 S.W.2d 543 (Mo. Ct. App. 1986).
“§ 482.310(5, 6), RSMo Supp 1984. The informal and summary nature of these procedures does not ensure the opportunity to fully litigate issues that is a prerequisite to the application of collateral estoppel effect to small claims judgment.”
State ex rel. Means v. Randall, 764 S.W.2d 120 (Mo. Ct. App. 1988).
“3 In all small claims actions, so § 482.310(3) declares, the “[proceedings shall be conducted in an informal summary manner, and the formal rules of evidence and procedure shall not apply.”
Lovejoy v. Weese, 689 S.W.2d 387 (Mo. Ct. App. 1985).
“1 In the trial de novo, the mandate of § 482.310(3), to conduct proceedings in an informal manner, was certainly observed.”
L.f.w., Jr., Petitioner-respondent v. Missouri State High. Patrol Crim. Records Repository, Resondents-appellants, No. SD35745, 35746, &, 35747, CONSOLIDATED (Mo. Ct. App. Oct. 10, 2019).
“Under section 482.310, the formal rules of evidence do not apply to small claims court procedures, and proceedings "shall be conducted in an informal summary manner[.”
Mo. Rev. Stat. § 482.310(4): 1 case
Jenish v. Weaver, 676 S.W.2d 526 (Mo. Ct. App. 1984).
“To this end, § 482.310(4) RSMo 1978 and Rule 147.03 impose upon the judge of the Small Claims Court the affirmative duty to assure that claims and defenses are fully presented.”
Mo. Rev. Stat. § 482.310(6): 1 case
O'Bar v. Nickels, 698 S.W.2d 950 (Mo. Ct. App. 1985).
“2, RSMo 1978, heard the cause without a jury, § 482.310(6), RSMo 1978. Plaintiff and defendant appeared without counsel, evidence was presented, and the court found the issues for defendant and against plaintiff.”
Mo. Rev. Stat. § 482.310(7): 1 case
Hutchison v. Vandenburg, 90 S.W.3d 229 (Mo. Ct. App. 2002).
“In § 482.310(7), the legislature mandated that Chapter 482 be “liberally construed and applied to effectuate the purposes of the act.”
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