534.060. Before whom cognizable--centralized filing--assignment of cases. - Missouri Statutes

Before whom cognizable--centralized filing--assignment of cases.

534.060. Forcible entries and detainers, and unlawfuldetainers, may be heard and determined by any associate circuitjudge of the county in which they are committed. Neither theprovisions of this section or any other section in this chaptershall preclude adoption of a local circuit court rule providingfor the centralized filing of such cases, nor the assignment ofsuch cases to particular associate circuit or circuit judgespursuant to local circuit court rule or action by the presidingjudge of the circuit. Such cases shall be heard and determinedby associate circuit judges unless a circuit judge is transferredor assigned to hear such case or cases or unless the plaintiffpursuant to subsection 2 of section 478.250, RSMo, has designatedthe case as one to be heard under the practice and procedureapplicable before circuit judges and the case is heard by acircuit judge. If the case is heard before an associate circuitjudge who has not been specially assigned to hear the case on therecord, to the extent practice and procedure are not provided inthis chapter the practice and procedure provided in chapter 517,RSMo, shall apply. If the case is heard initially before anassociate circuit judge who has been specially assigned to hearthe case on a record or before a circuit judge, the case shall beheard and determined under the same practice and procedure aswould apply if the case was being heard upon an application fortrial de novo, and in such instances, notwithstanding thespecific references to chapter 517, RSMo, in this chapter, thepractice and procedure provided in the Missouri Rules of CivilProcedure and the extant provisions of The Civil Code of Missourishall apply instead of those contained in chapter 517, RSMo.

(RSMo 1939 § 2835, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2449; 1919 § 2997; 1909 § 7659

Effective 1-2-79