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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 515

previous next Effective - 28 Aug 1939bottom

  515.020.  When referred by order of court. — Where the parties do not so consent, the court may, upon the application of either, or of its own motion, direct a reference in the following cases:

  (1)  Where the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein; or

  (2)  Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect; or

  (3)  Where a question of fact other than upon the pleadings shall arise upon motion or otherwise, in any stage of the action.

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(RSMo 1939 § 1142)

Prior revisions: 1929 § 976; 1919 § 1426; 1909 § 1996

CROSS REFERENCES:

Examination of judgment debtor, referee may conduct, 513.390

Insurance company, proceedings to wind up, referee appointed to hear, when, 375.610

Mechanic's and materialman's lien action, referee appointed, when, 429.320

(1956) The power of a court of equity to refer issues to a referee is expressly limited to situations provided for in chapter 515, RSMo, notwithstanding the rule at common law.  Durwood v. Dubinsky (Mo.), 291 S.W.2d 909.


---- end of effective   28 Aug 1939 ----

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