Section 375.600

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 1992, highlighted 3    

  375.600.  Pleadings and proceedings, general procedures — summary hearing, purpose — effect of nonattendance by defendant. — 1.  The pleadings and proceedings, insofar as not otherwise regulated by sections 375.570 to 375.750, 375.950 to 375.990 and 375.1150 to 375.1246, shall be as in other civil causes.

  2.  At the time and date for the return of summons, the court shall hold a summary hearing.

  3.  If any defendant fails to appear for the summary hearing:

  (1)  The court shall, if personal service has not been made as to any defendant:

  (a)  Make such provision for alternative service upon that defendant as is best designed to notify the defendant of the pendency of the formal delinquency proceeding before the time and date of the summary hearing as reset by the court;

  (b)  Reset the time and date of the summary hearing to a time and date not more than ten days from the time and date of the original summary hearing;

  (c)  Expressly continue any preliminary order until the reset time and date of the summary hearing; and

  (d)  Order any confidential file to be an open and public record;

  (2)  The court shall, if personal service has been made as to any defendant, grant judgment by default in favor of the director against the defendant.

  4.  If any defendant appears for the summary hearing, the court shall:

  (1)  Require the defendant to answer the petition;

  (2)  Consider whether to extend any preliminary orders pending final judgment; and

  (3)  Set the case for trial, which shall be not more than ten days from the date of the summary hearing.

  5.  If any defendant fails to appear for a reset summary hearing, the court shall, if honest and reasonable efforts have been made to effect personal service upon the defendant, order notice published of the petition, of the continuance of any restraining order, and of the second reset summary hearing, which shall not be less than ten nor more than twenty days after the publication of notice.  If the defendant fails to appear for any second reset summary hearing, the court may grant default judgment in favor of the director and against the defendant.

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(RSMo 1939 § 6055, A.L. 1992 H.B. 1574)

Prior revisions: 1929 § 5944; 1919 § 6352; 1909 § 7082