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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 517

Citation
Section 517
Parent Document
Rahman v. Matador Villa Associates, 821 S.W.2d 102 (1991)
Jurisdiction
Missouri (state)
Effective Date
1991-12-17

Full Text

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Rule 41.01(f) provides, “Civil actions pending in the associate circuit division shall be governed by Rules 41 through 101, except where otherwise provided by law.” The last phrase, “otherwise provided by law,” is an expression of this Court’s deference to legislative enactments establishing specialized procedures for actions before associate circuit judges. Exchange National Bank of Jefferson City v. Wolken, 819 S.W.2d 45, 48 (Mo. banc 1991). In this case those procedures are found in Chapters 535 and 517. As previously noted, Chapter 517 permits, but does not require, counterclaims. Chapter 535 makes no mention of counterclaims.