Missouri Revised Statutes

Chapter 510
Trials and Proceedings Before and After Trial
Section 510.120

August 28, 2014


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.

510.120. 1. During the period beginning January first and ending June first of each year, or whenever the general assembly is in session, there shall be an automatic stay of all administrative and court proceedings in which any member of the general assembly has filed a written notice with the court or administrative hearing officer and with all parties 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 of appearance as an attorney for any party more than forty-five days prior to the 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 or administrative tribunal, including municipal courts. The stay shall also apply to any order requiring the member to serve as a juror whenever the general 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 of a written memorandum filed with the trial court or administrative tribunal;

(2) To any proceedings under chapter 288;

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

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

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

5. In all civil cases or administrative proceedings or in criminal cases pending in this state at any time when the general assembly is in veto session, special session, or holding out-of-session committee hearings, it shall be a sufficient cause for such continuance if it shall appear to the court, by written notice, that any party applying for such continuance, or any attorney, solicitor or counsel of such party is a member of either house of the general assembly, and in actual attendance on the out-of-session committee hearings, special session, or veto session of the same, and that the attendance of such party, attorney, solicitor or counsel is necessary to a fair and proper trial or other proceeding in such suit; and on the filing of such notice the court shall continue such suit and any and all motions or other proceedings therein, of every kind and nature, including the taking of depositions and discovery responses, and thereupon no trial or other proceedings of any kind or nature shall be had therein until the adjournment or recess for three days or more of the special session or veto session of the general assembly, nor for one day before or after or the day of any out-of-session committee hearings. Such notice shall be sufficient, if made within two days of the out-of-session committee hearings, special session, or veto session of the general assembly, showing that at the time of making the same such party, attorney, solicitor or counsel is scheduled to be in actual attendance upon such out-of-session committee hearings, special session, or veto session of the general assembly.

(RSMo 1939 § 1089, A.L. 1943 p. 353 § 96, A.L. 2003 H.B. 613, A.L. 2005 H.B. 688)

Prior revisions: 1929 § 938; 1919 § 1388; 1909 § 1958


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