Missouri Laws 482.340 – Form of petition and summons — instructions for defendant — waiver of trial ..
Current as of: 2024 | Check for updates
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1. An action on a small claim may be commenced by filing with the clerk of the small claims court a form substantially similar to the petition form provided in this section. Petition forms shall be provided by the clerk of the small claims court free of charge to any person:
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| SMALL CLAIMS COURT | |||||
| In the Circuit Court of ______, Missouri ______ | |||||
| Plaintiff) | Case number ______ | ||||
| vs | Amount claimed ______ | ||||
| ______ Defendant) | Return date ______ | ||||
| PETITION | |||||
| The plaintiff states that he has a claim against the defendant in the amount of $______. The claim arose on or about ______, 20______, as a result of the following events: Defendant can be found at ______, Telephone No. ______. Plaintiff can be found at ______, Telephone No. ______. | |||||
| The plaintiff states that the allegations of this complaint are true and correct to the best of his knowledge, that he is not an assignee of this claim and that he has not filed more than three other claims in the Missouri small claims courts during the current calendar year. Plaintiff understands that should he be successful in this action and obtain a judgment, and if defendant does not appeal and this judgment becomes final, the plaintiff is barred from commencing another action involving the same parties and issues. PLAINTIFF UNDERSTANDS THAT HE IS HEREBY WAIVING HIS RIGHT TO JURY TRIAL ON THESE ISSUES IN THE SMALL CLAIMS COURT. | |||||
| __________________? | |||||
| (Plaintiff) | |||||
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2. The summons in a small claims action shall be made in a form substantially similar to the form below:
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| SUMMONS | ||
| TO EACH OF THE ABOVE NAMED DEFENDANTS: | ||
| YOU ARE SUMMONED AND REQUIRED TO APPEAR IN PERSON IN ROOM ______ OF THE ______ BUILDING LOCATED AT ______ ON ______, 20______, AT THE HOUR OF ______. | ||
| IF YOU FAIL TO APPEAR, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE AMOUNT ASKED IN THE PETITION, BUT NOT TO EXCEED $1,000 PLUS INTEREST AND COSTS. THIS ACTION HAS BEEN FILED UNDER THE SMALL CLAIMS COURT ACT. RULES OF EVIDENCE DO NOT APPLY AND YOU MAY DEFEND THIS ACTION WITH OR WITHOUT THE ASSISTANCE OF AN ATTORNEY. | ||
| __________________? | ||
| (Clerk of the Court) | ||
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Terms Used In Missouri Laws 482.340
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes such district and territories. See Missouri Laws 1.020
3. A copy of the petition shall be attached to the summons. Instructions to the defendant in substantially the following form shall accompany the summons.
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| INSTRUCTIONS TO DEFENDANT | |
| 1. | If you do not wish to oppose plaintiff’s claim you may: |
| (1) | Contact plaintiff and make an out-of-court settlement with the plaintiff before the hearing date and file with the clerk of the court a dismissal of the case signed by the plaintiff, or |
| (2) | Make no appearance at the hearing. In that case the plaintiff may be given a default judgment against you. |
| 2. | If you wish to oppose the claim: |
| (1) | You must appear on the date and at the time set for hearing. |
| (2) | You should bring with you all books, papers, witnesses, and evidence you have to establish your defense. |
| (3) | At your request the clerk will issue a subpoena for any witness you may need (you must order the subpoena as soon as possible and before the hearing date). |
| 3. | If you have a claim against the plaintiff, it is a counterclaim. If you desire to file a counterclaim, then: |
| (1) | You must file your counterclaim with the court within ten days after you receive this summons. |
| (2) | To do this you must personally appear before the clerk of the court. |
| (3) | The clerk will assist you in preparing the counterclaim. |
| 4. | If you are a member of the armed services of the United States, please advise the court immediately upon receipt of this summons. |
| 5. | Rules of evidence do not apply and you may defend this action with or without the assistance of an attorney. |
| 6. | A pamphlet explaining the small claims court is enclosed. |
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4. Copies of all forms and procedures applicable to small claims shall be available to any person from the clerk of the small claims court without charge.