482.355. Appearance for trial--continuance, when granted--failure of defendant to appear, consequences--procedure--dismissal of action, when. - Missouri Statutes

Appearance for trial--continuance, when granted--failure of defendantto appear, consequences--procedure--dismissal of action, when.

482.355. 1. The defendant in a small claims action shallappear at the time and place specified in the summons and thecase shall be tried on the day set for appearance unlesscontinued by the court upon request of either party. No partyshall be entitled to a continuance, except on a showing of goodcause and at the discretion of the small claims court judge. Ifthe defendant appears, he need not file an answer, and, when noanswer is filed the allegations of the complaint shall beconsidered denied and any defense may be proved as if it werespecifically pleaded.

2. If, upon the date set for the hearing of a small claimsaction, the defendant, having been duly served, fails to appearat the time and place specified in the summons or specified bythe court in response to a request for a continuance, the court,after presentation of evidence by the plaintiff to establish aprima facie case, may enter judgment for the amount claimed. Ifthe plaintiff does not appear, or if neither the plaintiff nordefendant appears, the court may enter an order dismissing theaction. Any action so dismissed may not be brought in smallclaims court again, but may be brought in an appropriate divisionof the circuit court using regular proceedings.

(L. 1976 H.B. 1317 & 1098 § 4 subsec. 11, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)