Missouri Revised Statutes

Mo. Rev. Stat. § 538.305 (2026)

Applicability to causes of action, when

✓ current as of May 2026
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  538.305.  Applicability to causes of action, when. — The provisions of this act*, except for section 512.099, shall apply to all causes of action filed after August 28, 2005.

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(L. 2005 H.B. 393 § 2)

*"This act" (H.B. 393, 2005) contained numerous sections.  Consult Disposition of Sections table for a definitive listing.

Notes of Decisions
Cited in 11 cases, 2007–2016 · leading case: Lawrence v. Beverly Manor, 273 S.W.3d 525 (Mo. 2009).
Lawrence v. Beverly Manor, 273 S.W.3d 525 (Mo. 2009). · cites it 6× “" See section 538.305, RSMo Supp.2007. The new venue statute applied only to cases filed after the date of the amendment.”
City of Harrisonville, Appellant-Respondent v. McCall Serv. Stations d/b/a Big Tank Oil, the Missouri Petroleum Storage Tank Ins. Fund, 495 S.W.3d 738 (Mo. 2016). · cites it 6× “" Section 538.305. 11 The City filed its lawsuit in November 2005, after the punitive damages cap became effective.”
Klotz v. St. Anthony's Med. Ctr., 311 S.W.3d 752 (Mo. 2010). · cites it 4× “Section 538.305 provides that this amended version of § 538.”
State Ex Rel. Burns v. Whittington, 219 S.W.3d 224 (Mo. 2007). · cites it 4× “Section 538.305. Alfred Burns died in January 2006.”
Good Hope Missionary Baptist Church v. St. Louis Alarm Monitoring Co., 358 S.W.3d 528 (Mo. Ct. App. 2012). · cites it 6× “SLAM’s claim is based on section 538.305 RSMo Supp.2005, which states that the provisions of House Bill 393 “shall apply to all causes of action filed after August 28, 2005.”
Wagner v. Bondex Int'l, Inc., 368 S.W.3d 340 (Mo. Ct. App. 2012). · cites it 2× “Section 538.305, also a part of HB 393, provides that “[t]he provisions of this act, except for section 512.”
White v. Tariq, 299 S.W.3d 1 (Mo. Ct. App. 2009). · cites it 2× “Section 538.305 provides that the 2005 amendments to Section 538.”
SSM Health Care St. Louis v. Schneider, 229 S.W.3d 279 (Mo. Ct. App. 2007). · cites it 2× “Section 538.305 provides that the provisions of the act, “except for section 512.”
Sennett v. Nat'l Healthcare Corp., 272 S.W.3d 237 (Mo. Ct. App. 2008). · cites it 2× “at 225 (quoting § 538.305, RSMo Cum.Supp.2005). The plaintiff passed away in January of 2006 and an amended petition alleging wrongful death was filed by his beneficiary (“relator”) in March of 2006.”
Lampe v. Taylor, 338 S.W.3d 350 (Mo. Ct. App. 2011). · cites it 2× “§ 538.305 RSMo Cum. Supp. (2005). Lampe’s cause of action was filed on November 26, 2003.”
City of Harrisonville v. McCall Serv. Stations d/b/a Big Tank Oil The Missouri Petroleum Storage Tank Ins. Func (Mo. Ct. App. 2014). · cites it 3× “Therefore, § 538.305 requires that the punitive damages cap be applied.”
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