HB 460 Modifies provisions relating to civil procedure for joinder, intervention, and venue in civil actions

     Handler: Munzlinger

Current Bill Summary

- Prepared by Senate Research -


SS/HCS/HB 460 - In addition to current law regarding when plaintiffs and defendants may join in one civil action, this act states 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, the plaintiff or defendant will be severed from the action, and the claims shall be transferred to a county with proper venue. If there is no county in Missouri in which venue exists, then the claims shall be dismissed without prejudice. Plaintiffs or defendants may be joined in a case where venue cannot not be established for each plaintiff or defendant upon agreement of all the parties.

Two or more plaintiffs, who reside in the state of Missouri and who were injured as a result of the same automobile accident outside of the state, may join in a civil action if the defendant does not reside in Missouri.

For actions which are pending as of the effective date of this act, plaintiffs who have been dismissed due to misjoinder may proceed in a Missouri court in certain situations, as provided in the act.

In cases where a plaintiff is seeking recovery for personal injury, wrongful death, or property damage under the terms of an insurance contract where the injury occurred in Missouri, venue shall be where the injury occurred.

In tort actions where one of the defendants is an employee of a corporation, venue for such individual shall be the same as the venue of the corporation.

For the purposes of meeting the venue requirement, the residence of a domestic or foreign insurance company is the county where its registered office is maintained. If a foreign insurance company does not have a registered office in Missouri, then the residence of the foreign insurance company shall be Cole County.

These provisions are similar to SB 258 (2017).

Any party to a civil action in a Missouri court may apply to the Supreme Court to consolidate the action for pretrial proceedings with another action arising out of the same transaction or occurrence also pending in a Missouri court. The Supreme Court may not consolidate more than 99 plaintiffs in such pretrial proceedings.

Currently, a products liability order of dismissal for a defendant whose liability is based solely on his or her status as a seller shall not divest a court of venue or jurisdiction that was proper at the beginning of the action. Further, the defendant seller dismissed in the action shall remain a party to such action for venue and jurisdiction purposes. This act repeals these provisions.

This provision is identical to SB 4 (2017), HB 459 (2017), provisions in SB 5 (2017), provisions in SB 258 (2017), SB 792 (2016), SB 793 (2016), and SB 487 (2015).

JESSI BAKER


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