Mo. Rev. Stat. » Chapter 512
Missouri Revised Statutes

Mo. Rev. Stat. § 512.310 (2026)

Procedure for trial de novo

✓ current as of May 2026
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  512.310.  Procedure for trial de novo. — The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of parties the case may be tried by a jury of not less than six persons.

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(RSMo 1939 § 2747, A.L. 1945 p. 765 § 142, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al. § B, A.L. 1986 S.B. 741)

Effective 1-01-87

Notes of Decisions
Cited in 10 cases, 1960–1986 · leading case: O'Bar v. Nickels, 698 S.W.2d 950 (Mo. Ct. App. 1985).
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O'Bar v. Nickels, 698 S.W.2d 950 (Mo. Ct. App. 1985). · cites it 2× “Evidently neither party desired a jury, see § 512.310, RSMo 1978, as the cause was heard by the judge alone.”
State ex rel. Dover v. Lewis, 666 S.W.2d 35 (Mo. Ct. App. 1984). · cites it 3× “03 is available to a party to a case pending for trial de novo in an action commenced in the small claims court in light of the provision of § 512.310 1 that “the trial de novo shall be governed by the practice in trials before circuit court judges .”
Jenish v. Weaver, 676 S.W.2d 526 (Mo. Ct. App. 1984). · cites it 2× “The fact that on appeal a trial de novo is to be governed by the practice in trials before Circuit Judges, § 512.310, RSMo 1978, does not abrogate this judicial responsibility.”
McClellan v. Sam Schwartz Pontiac, Inc., 338 S.W.2d 49 (Mo. 1960). · cites it 2× “It is also provided that “The same cause of action, and no other, that was tried before the magistrate, shall be tried before the appellate court upon the appeal * * ⅜.” Section 512.280. And, “no set-off nor counterclaim shall be pleaded in the appellate court that was not…”
Edwards v. Hrebec, 414 S.W.2d 361 (Mo. Ct. App. 1967). “§ 512.310. We here note plaintiff at no time sought to amend his pleadings in any respect as made permissible under V.”
Manpower, Inc. v. Area Dev. Corp., 440 S.W.2d 515 (Mo. Ct. App. 1969). · cites it 2× “, provides that the Circuit Court shall “ * * * proceed to hear, try and determine the [case] anew, * * *” and Section 512.310 states that “The trial in the *518 appellate court shall be governed by the practice in such court, * * Sections 512.”
Chill v. Kadean Constr. Co., 716 S.W.2d 860 (Mo. Ct. App. 1986). · cites it 6× “As authority for this point, builder cites Section 512.310, RSMo (1978); and State ex rel.”
Aubuchon v. Ayers, 400 S.W.2d 472 (Mo. Ct. App. 1966). “290, § 512.310, all of which, except § 512.290, are pertinent to the instant case.”
Dallavalle v. Berry Grant Co., 462 S.W.2d 175 (Mo. Ct. App. 1970). “These cases proceed on the basis that upon the filing of the transcript of the proceedings in the magistrate court the circuit court is possessed of the cause and shall proceed to hear, try and determine it anew (§ 512.”
Cantrell v. Repub. Nat'l Life Ins. Co. of Dallas, 397 S.W.2d 612 (Mo. 1966). “In short, lest further attempt at demonstration indicate an opinion upon some phase of the merits of either the appeal or the pending action, interrelated issues as well as parties have not been finally disposed of and as respondents suggest “If appellant is unable to prevail in…”
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