482.310. Procedure in small claims court.
Procedure in small claims court.
482.310. In all small claims proceedings:
(1) Parties may prosecute their claims and defenses withoutthe assistance of an attorney. Corporations or unincorporatedassociations, including labor unions, may enter their appearanceand be represented by an officer or authorized employee. Suchrepresentation shall not be deemed the unauthorized practice oflaw.
(2) Except as otherwise provided herein or by rule of thesupreme court, the established structure, administration andprocedures in the divisions of the circuit court presided over byassociate circuit judges in the respective counties in mattersheard and determined within the class of cases enumerated insubdivision (1) of subsection (2) of section 478.225, RSMo, shallprevail.
(3) Proceedings shall be conducted in an informal summarymanner, and the formal rules of evidence and procedure shall notapply.
(4) The judge shall assume an affirmative duty to determinethe merits of the claims and defenses of plaintiffs anddefendants and may question parties and witnesses.
(5) No discovery shall be permitted.
(6) Trial shall be to the judge sitting without jury.
(7) The provisions of sections 482.300 to 482.365 shall beliberally construed and applied to effectuate the purposes of theact. Judges sitting as a small claims court shall have the powerand duty to construe and apply sections 482.300 to 482.365 tofurther its purposes.
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 3, A.L. 1978 H.B. 1634)Effective 1-2-79