512.190. Perfecting right of trial de novo, how. - Missouri Statutes

Perfecting right of trial de novo, how.

512.190. 1. The right of trial de novo provided insubsection 1 of section 512.180 shall be perfected by filing anapplication for trial de novo with the clerk serving theassociate circuit judge within ten days after the judgment isrendered. A copy of the application shall be mailed by the clerkto the opposing party or his attorney of record or served uponhim as provided by law for the service of notices within fifteendays after the judgment was rendered. No application for a trialde novo shall stay execution unless and until the applicant, orsome person for him, together with one or more solvent suretiesto be approved by the associate circuit judge, within the timeprescribed in the first sentence of this section, enter into arecognizance before the associate circuit judge to the adverseparty, in a sum sufficient to secure the payment of such judgmentand costs, conditioned that the applicant will prosecute hisapplication for trial de novo with due diligence to a decision,and that if on such trial de novo judgment be given against him,he will pay such judgment, and that, if his application for trialde novo be dismissed, he will pay the judgment rendered by theassociate circuit judge, together with the costs.

2. Appeals to the court of appeals or to the supreme courtshall be governed by the same rules applicable to appeals fromjudgments rendered by circuit judges.

(L. 1945 p. 765 § 130, A.L. 1947 V. I p. 240, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al. § B, A.L. 1986 S.B. 741)

Effective 1-1-87