Missouri Revised Statutes

Mo. Rev. Stat. § 511.250 (2026)

Motion to set aside judgment must be filed within three years

✓ current as of May 2026
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  511.250.  Motion to set aside judgment must be filed within three years. — Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.

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(RSMo 1939 § 1267)

Prior revisions: 1929 § 1101; 1919 § 1552; 1909 § 2121

Notes of Decisions
Cited in 51 cases, 1952–2014 · leading case: Ribbons v. Union Elec. Co., 823 S.W.2d 485 (Mo. 1992).
Ribbons v. Union Elec. Co., 823 S.W.2d 485 (Mo. 1992). · cites it 10× “Section 511.250, RSMo 1986, and prior enactments.”
Manning v. Fedotin, 64 S.W.3d 841 (Mo. Ct. App. 2002). · cites it 10× “Can the Dismissal Be Set Aside Under § 511.250, RSMo.? For their third point on appeal, the Mannings suggest that the trial court had the authority under § 511.”
State Ex Rel. Baldwin v. Dandurand, 785 S.W.2d 547 (Mo. 1990). · cites it 8× “A motion to set aside a judgment for irregularity is recognized and limited by § 511.250, which states: Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which the judgment was…”
Nelson v. Marsh, 119 S.W.3d 197 (Mo. Ct. App. 2003). · cites it 15× “Robert Neal Nelson appeals the judgment of the Circuit Court of Johnson County, Probate Division, dismissing, for failure to state a claim upon which relief could be granted, his “petition,” which he contends was filed in accordance with § 511.250, 1 to set aside the court’s…”
Sprung v. Negwer Materials, Inc., 727 S.W.2d 883 (Mo. 1987). · cites it 4× “Crist, Judge NOTES [1] Discussing § 511.250, RSMo 1949, a statutory predecessor of Rule 74.”
Casper v. Lee, 245 S.W.2d 132 (Mo. 1952). · cites it 5× “1949, § 511.250, V.A.M.S., a judgment may not be set aside for irregularities unless a motion therefor "be made within three years after the term at which such judgment *138 was rendered.”
Abbadessa v. Tindall, 814 S.W.2d 673 (Mo. Ct. App. 1991). · cites it 21× “and Barbara Wilhite (“appellants”) appeal from the trial court’s order overruling their post-trial motion seeking to set aside judgment for irregularity pursuant to the provisions of Section 511.250, RSMo. 1986. 1 Judgment affirmed.”
Korn v. Ray, 434 S.W.2d 798 (Mo. Ct. App. 1968). · cites it 8× “, and § 511.250, RSMo 1959, V.A. M.S., and erred in failing to grant Model the requested relief.”
Roberts v. Johnson, 836 S.W.2d 522 (Mo. Ct. App. 1992). · cites it 5× “” In support of the point, Appellant cites § 511.250, RSMo 1986, which reads: Judgments in any court of record shall not be set aside for irregularity, on motion, unless such motion be made within three years after the term at which such judgment was rendered.”
Carr v. Carr, 253 S.W.2d 191 (Mo. 1952). · cites it 7× “The appellant husband contends this ruling was a fatal "irregularity" in the proceedings which could be attacked by motion made at any time within three years after the term at which the judgment was rendered, under section 511.250, RSMo 1949, V.A.M.S. So far as the three year…”
Edson v. Fahy, 330 S.W.2d 854 (Mo. 1960). · cites it 6× “ges “facts and records” sufficient to show that the circuit court “was not possessed of the facts necessary to under the law grant a divorce” in that (1) the residence of his wife was not in Harrison County; (2) the depositions were not in proper legal form because they were not…”
Est. of Gianella, 111 S.W.3d 416 (Mo. Ct. App. 2003). · cites it 5× “But one method of attacking a final probate judgment is a motion to set the judgment aside for irregularity under section 511.250 RSMo.1994. [Baldwin, 785 S.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.