Boehm v. Allen, 524 S.W.3d 542 (2017)

Citation: Boehm v. Allen, 524 S.W.3d 542 (2017)
Parent Document: Boehm v. Allen, 524 S.W.3d 542 (2017)
Jurisdiction: Missouri (state)
Effective Date: 2017-07-25
Original Source: https://www.courtlistener.com/opinion/5448716/boehm-v-allen/ ↗

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Chapter 5172 provides the procedures applicable to certain actions brought before associate circuit judges, including unlawful detainer actions arising under Chapter 534. § 517.011. Regarding continuances, section 517.071.1 provides that “[a] case shall be continued to a day certain upon the request of any party made on or before the return date of the summons.” (emphasis added). “The use of ‘shall’ in a statute is indicative of a mandate to act. The general rule is that use of ‘shall’ is mandatory and not permissive.” Neal v. Dir. of Revenue, State, 312 S.W.3d 444, 447 (Mo. App. 2010) (internal quotations and citation omitted). Where a request meets the requirements of section 517.071.1, the continuance is mandatory, and a circuit court’s refusal to grant the continuance constitutes a misapplication of the law warranting reversal. Id.

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