534.060. Before whom cognizable — centralized filing — assignment of cases. — Forcible entries and detainers, and unlawful detainers, may be heard and determined by any associate circuit judge of the county in which they are committed. Neither the provisions of this section or any other section in this chapter shall preclude adoption of a local circuit court rule providing for the centralized filing of such cases, nor the assignment of such cases to particular associate circuit or circuit judges pursuant to local circuit court rule or action by the presiding judge of the circuit. Such cases shall be heard and determined by associate circuit judges unless a circuit judge is transferred or assigned to hear such case or cases or unless the plaintiff pursuant to subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges. All cases under this chapter shall be heard on the record. Unless the plaintiff under subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges, to the extent practice and procedure are not provided in this chapter the practice and procedure provided in chapter 517 shall apply. If the plaintiff under subsection 2 of section 478.250 has designated the case as one to be heard under the practice and procedure applicable before circuit judges, the case shall be heard and determined under the rules of practice and procedure provided in the Missouri Rules of Civil Procedure instead of those contained in chapter 517, notwithstanding the specific references to chapter 517 in this chapter.
Notes of Decisions
Cooper v. Bluff City Mobile Home Sales, Inc., 78 S.W.3d 157 (Mo. Ct. App. 2002).
· cites it 3× “Boyers assert this is so because § 534.060 mandates that such cases be heard and determined by an associate circuit judge unless a circuit judge is transferred or assigned to hear it, or unless § 478.”
Thorpe v. Meier, 755 S.W.2d 683 (Mo. Ct. App. 1988).
· cites it 10× “Defendants rely on § 534.060, RSMo 1986, which provides: "..”
Wells Fargo Bank, N.A. v. Smith, 392 S.W.3d 446 (Mo. 2013).
· cites it 2× “This remains true, even though section 534.060 now provides that these procedures are to be augmented, in certain cases, by the procedures in chapter 517.”
Crossroads West Shopping Ctr., Ltd. v. Am. Oil Co., 658 S.W.2d 445 (Mo. Ct. App. 1983).
· cites it 8× “The issue of who should preside over cases involving unlawful detainers is set forth in § 534.060 RSMo 1979, 1 which states in pertinent part: Forcible entries and detainers, and unlawful detainers, may be heard and determined by any associate circuit judge of the county in…”
Newton v. Wimsatt, 791 S.W.2d 823 (Mo. Ct. App. 1990).
· cites it 2× “§ 534.060, RSMo 1986. Following the filing of a request for jury trial (which was apparently withdrawn later), the presiding judge of the 25th Judicial Circuit (which includes Texas County) specially assigned the Associate Circuit Judge of Texas County to hear the case.”
Josephson v. Nat'l Screen Serv. Grp., Inc., 810 S.W.2d 708 (Mo. Ct. App. 1991).
· cites it 3× “Section 534.060, RSMo 1986, authorizes the assignment of a Chapter 534 unlawful detainer action to a circuit judge by specific order.”
Wellston Hous. Auth. v. Murphy, 131 S.W.3d 378 (Mo. Ct. App. 2004).
· cites it 6× “Section 534.060 RSMo 2000 provides that "[i]f the [unlawful detainer] case is heard initially before an associate circuit judge who has been specially assigned to hear the case on a record or before a circuit judge, the case shall be heard and determined under the same practice…”
Lassiter v. Martin, 748 S.W.2d 819 (Mo. Ct. App. 1988).
· cites it 2× “This statutory action for unlawful detain-er was brought in the Associate Division of the Circuit Court of Stone County as provided by § 534.060, RSMo 1978. Plaintiffs had judgment.”
Nat'l Garment Co. v. City of Paris, 655 S.W.2d 515 (Mo. 1983).
“Both actions are provided for by § 534.060. The statutes are survivors of the former justice and magistrate practice, and pleadings are somewhat informal.”
Boehm v. Allen, 524 S.W.3d 542 (Mo. Ct. App. 2017).
“” § 534.060. In this case, no recording or other record was made of the December 20, 2016 hearing on the Boehms’ petition for unlawful detainer.”
V.F.W. Post No. 7222 v. Summerville Saddle Club, 788 S.W.2d 796 (Mo. Ct. App. 1990).
“§ 534.060. Statutes and supreme court rules which apply to practice and procedure before a circuit judge with respect to after-trial motions and appeals do not apply to the cases or classes of cases to which Chapter 517 is applicable.”
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