Missouri Laws 506.110 – How suits may be instituted in courts of record
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1. Suits may be instituted in courts of record, except when the statute law of this state otherwise provides, either:
(1) By filing in the office of the clerk of the court a petition setting forth the plaintiff‘s cause or causes of action, and the remedy sought, and by the voluntary appearance of the adverse party thereto; or
Terms Used In Missouri Laws 506.110
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) By filing such petition in such office, and suing out thereon a writ of summons against the person or of attachment against the property of the defendant.
2. The filing of a petition in a court of record, or a statement or account before a court not of record, and suing out of process therein, shall be taken and deemed the commencement of a suit.