510.120. Automatic stay of all administrative and court procedures for members of the general assembly, when--continuance when counsel or party is a member of general assembly.

MISSOURI STATUTES AND CODES

510.120. Automatic stay of all administrative and court procedures for members of the general assembly, when--continuance when counsel or party is a member of general assembly.

Automatic stay of all administrative and court procedures formembers of the general assembly, when--continuance when counselor party is a member of general assembly.

510.120. 1. During the period beginning January first and endingJune first of each year, or whenever the general assembly is in session,there shall be an automatic stay of all administrative and courtproceedings in which any member of the general assembly has filed a writtennotice with the court or administrative hearing officer and with allparties to the proceeding that the member is:

(1) A necessary witness;

(2) A party to the action; or

(3) The initial attorney for any party or has filed an entry ofappearance as an attorney for any party more than forty-five days prior tothe filing of the written notice under this subsection.

2. The stay created by this section shall apply to all trials,motions, hearings, discovery responses, depositions, responses to motions,docket calls, and any other proceedings before any trial court oradministrative tribunal, including municipal courts. The stay shall alsoapply to any order requiring the member to serve as a juror whenever thegeneral assembly is in session.

3. The stay created by this section shall not apply:

(1) If the member waives the protections of this stay in the form ofa written memorandum filed with the trial court or administrative tribunal;

(2) To any proceedings under chapter 288, RSMo;

(3) To any proceedings involving a request for injunctive relief; or

(4) To any proceeding in which the member is charged with a felony ora class A misdemeanor.

4. The court of appeals shall have original jurisdiction over anyapplication for termination or modification of the stay.

5. In all civil cases or administrative proceedings or in criminalcases pending in this state at any time when the general assembly is inveto session, special session, or holding out-of-session committeehearings, it shall be a sufficient cause for such continuance if it shallappear to the court, by written notice, that any party applying for suchcontinuance, or any attorney, solicitor or counsel of such party is amember of either house of the general assembly, and in actual attendance onthe out-of-session committee hearings, special session, or veto session ofthe same, and that the attendance of such party, attorney, solicitor orcounsel is necessary to a fair and proper trial or other proceeding in suchsuit; and on the filing of such notice the court shall continue such suitand any and all motions or other proceedings therein, of every kind andnature, including the taking of depositions and discovery responses, andthereupon no trial or other proceedings of any kind or nature shall be hadtherein until the adjournment or recess for three days or more of thespecial session or veto session of the general assembly, nor for one daybefore or after or the day of any out-of-session committee hearings. Suchnotice shall be sufficient, if made within two days of the out-of-sessioncommittee hearings, special session, or veto session of the generalassembly, showing that at the time of making the same such party, attorney,solicitor or counsel is scheduled to be in actual attendance upon suchout-of-session committee hearings, special session, or veto session of thegeneral assembly.