HB 461 Amends Supreme Court Rules 52.05 and 52.06 for the purpose of severing parties who are misjoined in a civil action

     Handler: Munzlinger

Current Bill Summary

- Prepared by Senate Research -

HB 461 - This act modifies Supreme Court Rule 52.05 to provide that in tort actions two or more plaintiffs may be joined in a single action only if each plaintiff can independently establish proper venue. Likewise, in cases where the plaintiff was injured outside of Missouri, two or more defendants may be joined in a single action only if the plaintiff can establish proper venue against each defendant individually. If in either situation proper venue cannot be established then the plaintiff or defendant will be deemed misjoined.

These provisions are substantially similar to SB 261 (2017).

This act also amends Supreme Court Rule 52.06 to provide that if in a tort action a plaintiff or defendant is deemed misjoined due to lack of venue, then the plaintiff or defendant shall be severed from the action and the claim transferred to a county in which venue exists or dismissed.

This provision is substantially similar to SB 262 (2017).

JESSI BAKER

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