Rule 52 | Parties

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.01 | Civil Actions – In Whose Name Prosecuted – Suits in Representation Capacity – Civil Actions in Name of State – Real Property in Interest to Bring Civil Action

Every civil action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another and a party authorized by statute may sue in their own names in such representative capacity without joining the party for whose benefit the action is brought. When a statute so provides, a civil action for the use or benefit of another shall be brought in the name of the State of Missouri.

Committee Note – 1974

This is substantially the same as prior Rule 52.01.



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.02 | Civil Actions By and Against Minors and Mentally or Physically Infirm

(a) Civil Actions by Minors, Prosecuted by Whom. Civil actions by minors may be commenced and prosecuted only by a duly appointed guardian of such minor or, if there is no such guardian, by a next friend appointed in such civil action; if asserted by counterclaim, cross-claim or third party pleadings, such civil action may only be prosecuted by a duly appointed guardian of such minor or, if there is no such guardian, by a guardian ad litem appointed for such civil action.

(b) Next Friend, by Whom Appointed. The appointment of a next friend for a minor shall be made by the judge of the court in which the civil action is intended to be brought, or by the clerk thereof.

(c) How Appointed. Such appointment shall be made on the petition in writing of such minor if of the age of fourteen years and the written consent of the person proposed to be next friend. If such minor be under the age of fourteen years, the appointment of a next friend may be made upon the written application of a relative or friend of the minor, in which case a notice thereof must be given to the person with whom such minor resides.

(d) Petition and Appointment to be Filed Before Further Proceedings. The petition for the appointment of a next friend, the written consent of the person proposed to be next friend, and the order of appointment, shall be filed in the office of the clerk of the court where the civil action is proposed to be brought before any proceedings shall be had in the cause.

(e) Civil Actions Against Minors Not to Proceed Without Guardian. After the commencement of a civil action against a minor defendant, and the service of process upon him, the civil action shall not be prosecuted any further until a guardian or guardian ad litem for such minor defendant be appointed, except for such discovery proceedings as may be necessary to determine whether a defendant is a minor or has a duly appointed guardian.

(f) Appointment of Guardian Ad Litem. The appointment of a guardian ad litem shall be made by the court in which the civil action is pending upon the written request of the minor defendant, if of the age of fourteen years or more, or, if such minor be under said age, on the written request of a relative or friend of the minor, and on the written consent of any competent person proposed as guardian ad litem. Such request shall be filed in the office of the clerk of the court before any answer by such minor shall be filed.

(g) Guardian Ad Litem, When Appointed. If such minor defendant neglect, for one day after the expiration of the time within which the minor defendant is summoned to appear to the suit to procure the appointment of a guardian ad litem to defend the civil action, the court shall appoint some competent person to be guardian ad litem for such minor in the defense of such civil action.

(h) Next Friend or Guardian Ad Litem to Give Bond.

1. Before a next friend or guardian ad litem can receive a receipt for any money or property, personal or real, and before the next friend or guardian ad litem can acknowledge satisfaction or discharge of any judgment, the next friend or guardian ad litem must execute a bond to such minor; except that no bond shall be required if: 

(i) the total value of the property or money, exclusive of expenses and fees approved by the court, is not in excess of ten thousand dollars and all of the money or property is to be turned over to the minor or the minor's parent or 

(ii) a sufficiently bonded guardian files a receipt approved by the court for such money or property. The bond must be approved by the court and shall be conditioned that the next friend or guardian ad litem shall account to such minor for all money or property of such minor that has or does come into the next friend or guardian ad litem's hands, less only those expenses and attorney fees the payment of which has been approved by order of the court. 

The bond shall be in an amount equal to the value of said money or property if the surety is a corporate bonding, surety or insurance company and in an amount double the value of said money or property if the surety is not a corporate bonding, surety or insurance company, in which event there shall be two sureties. In either event, the surety or sureties shall be approved by the court before the bond can be approved.

2. Failure to execute such approved bond with approved surety or sureties when required under the provisions of subsection 1 shall, upon receipt by a next friend or guardian ad litem of any money or property for or on behalf of such minor, immediately render such next friend or guardian ad litem personally liable to such minor for a penal sum in an amount double the value of such money or property and also shall render absolutely void and of no effect any release, receipt or acknowledgment of satisfaction or discharge of any judgment which has been or is in the future made or executed by the next friend or guardian ad litem.

3. The duties of the next friend or guardian ad litem and the obligations under such bond shall continue until discharged by order of the court.

(i) Guardian and Next Friend Liable for Costs. The guardian or next friend of any minor who commences or prosecutes a civil action shall be responsible for the costs thereof, unless such minor be permitted by the court to sue as a poor person, as provided by law.

(j) Guardian Ad Litem Liable for Costs in Case of Misconduct. No person appointed guardian ad litem for a minor, for the purpose of defending a civil action against such minor, shall be personally liable for the costs of such civil action, unless specially charged by the order of the court for some personal misconduct in said cause.

(k) Next Friend or Guardian Ad Litem for Mentally or Physically Infirm. Whenever it shall be suggested or affirmatively appear to the court that any person not having a duly appointed guardian is incapable by reason of mental or physical infirmity of instituting suit or of properly caring for the person's own interests in any litigation brought by or against such person, the court shall inquire into the person's mental or physical condition for the purpose of the particular litigation and shall hear and determine such issue. If it is found to be proper for the protection of the person, the court may appoint a next friend or guardian ad litem for said person for the purpose of the particular litigation.

(l) Next Friend to Defend Counterclaim. A next friend shall also defend any counterclaim asserted against such minor or mentally or physically infirm person, except, upon application, the court shall appoint a guardian ad litem to defend such counterclaim.

(m) Failure to Appoint Next Friend or Guardian Ad Litem. Failure to appoint a next friend or guardian ad litem for a minor or a mentally or physically infirm person shall not invalidate the proceedings if the court finds that the interests of the minor or the mentally or physically infirm person were adequately protected.

(n) Statutes Governing Powers and Duties. The powers and duties of the next friend, guardian and guardian ad litem, and of the courts in respect to minors and incompetents shall be exercised in accordance with the provisions of the Revised Statutes of Missouri including, but not limited to, Sections 507.182, 507.184, 507.186 and 507.188.

Committee Note – 1974

Paragraph (a) is substantially the same as prior Rule 52.02(a).

Paragraph (b) is substantially the same as prior Rule 52.02(b).

Paragraphs (c) and (d) are substantially the same as prior Rule 52.02(c), (d) and (g). The requirement that the consent of the next friend and guardian ad litem be acknowledged was eliminated.

Paragraph (e) is substantially the same as prior Rule 52.02(i) with the addition of the following: "... except for such discovery proceedings as may be necessary to determine whether a defendant is a minor or has a duly appointed guardian."

Paragraph (f) is substantially the same as prior Rule 52.02(j).

Paragraph (g) is substantially the same as prior Rule 52.02(k).

Paragraph (h) is substantially the same as prior Rule 52.02(e) with the addition of the following: "... if a sufficiently bonded guardian files a receipt for such money or property which is approved by the court."

In addition a provision allowing the clerk to approve the bond was eliminated.

Paragraph (i) is substantially the same as prior Rule 52.02(h).

Paragraph (j) is substantially the same as prior Rule 52.02(l).

Paragraph (k) is new.

Paragraph (l) is new.

Paragraph (m) is new.

Paragraph (n) is substantially the same as prior Rule 52.02(m) with corrections made in cross references to statutes.


"Minor" is a person who has not attained the age of 18 years. Laws 1976, S.B. No. 500, Sec. 1.


(Adopted April 21, 1972, effective December 1, 1972. Amended June 5, 1980, effective January 1, 1981; amended June 14, 1988, effective January 1, 1989; amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.03 | Parties to Civil Action When Claim for Relief Accrues Under Law of Another State – Proceeds, How Distributed

(a) Civil Action – By Whom Brought. Whenever a claim exists under the law of another state, a civil action thereon may be brought in this state by:

(1) the persons entitled to the proceeds of such claim if they are authorized to bring such action by the laws of said other state;

(2) the executor, administrator, guardian, guardian ad litem or other person empowered by the law of said other state to sue in a representative capacity if the persons entitled to the proceeds of such claim are not authorized to sue in such cases under the law of said other state.

(b) Proceeds – How Distributed. In the cases mentioned in subsection (a)(2) above, the proceeds of the civil action, resulting either from judgment or settlement, shall be paid to the person bringing such civil action and such person is authorized to satisfy the judgment and execute a release. Such person to whom the proceeds are paid shall have authority to distribute and pay the same to the person or persons entitled thereto, according to their respective interests therein, under the laws of said other state.

Committee Note – 1974

This is the same as prior Rule 52.03.



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.04 | Joinder of Persons Needed for Just Adjudication

(a) Persons to Be Joined if Feasible. A person shall be joined in the action if: 

(1) in the person's absence complete relief cannot be accorded among those already parties, or 

(2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person's absence may: 

(i) as a practical matter impair or impede the person's ability to protect that interest or 

(ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. 

If the person has not been joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant.

(b) Determination by Court Whenever Joinder Not Feasible. If a person as described in Rule 52.04(a)(1) or Rule 52.04(a)(2) cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it or should be dismissed, the absent party being thus regarded as indispensable. The factors to be considered by the court include: 

(i) to what extent a judgment rendered in the person's absence might be prejudicial to that person or those already parties; 

(ii) the extent to which by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; 

(iii) whether a judgment rendered in the person's absence will be adequate; and 

(iv) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivisions (a)(1)-(2) hereof who are not joined, and the reasons why they are not joined.

(d) Exception of Class Actions. This rule is subject to the provisions of Rule 52.08.

Committee Note – 1974

This is the same as Rule 19 of the Federal Rules of Civil Procedure with references to jurisdiction and venue eliminated.


(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.05 | Who may Join as Plaintiff and Defendant – Protective Orders, When

(a) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrences or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

(b) Separate Trials – Protective Orders. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a person as a party against whom the party asserts no claim and the person asserts no claim against the party and may order separate trials or make other orders to prevent delay or prejudice.

Committee Note – 1974

This is the same as prior Rule 52.05.



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: December 01, 1972

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.06 | Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Committee Note – 1974

This is the same as prior Rule 52.06(a).



(Adopted April 21, 1972, effective December 1, 1972.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.07 | Interpleader

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers no liability in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this Rule 52.07 supplement and do not in any way limit the joinder of parties permitted in Rule 52.05.

Committee Note – 1974

This is the same as prior Rule 52.07.



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 2006

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.08 | Class Actions

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if 

(1) the class is so numerous that joinder of all members is impracticable, 

(2) there are questions of law or fact common to the class, 

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and 

(4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:

(1) the prosecution of separate actions by or against individual members of the class would create a risk of

(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or

(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or

(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:

(A) the interest of members of the class in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;

(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum;

(D) the difficulties likely to be encountered in the management of a class action.

(c) Determination by Order Whether Class Action to Be Maintained – Notice – Judgment – Actions Conducted Partially as Class Actions.

(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this Rule 52.08(c)(1) may be conditional and may be altered or amended before the decision on the merits.

(2) In any class action maintained under Rule 52.08(b)(3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that: 

(A) the court will exclude the member from the class if requested by a specified date; 

(B) the judgment, whether favorable or not, will include all members who do not request exclusion; and 

(C) any member who does not request exclusion may, if desired, enter an appearance through counsel.

(3) The judgment in an action maintained as a class action under Rule 52.08(b)(1) or Rule 52.08(b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under Rule 52.08(b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in Rule 52.08(c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.

(4) When appropriate an action may be brought or maintained as a class action with respect to particular issues or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this Rule 52.08 shall then be construed and applied accordingly.

(d) Orders in Conduct of Actions. In the conduct of actions to which this Rule applies, the court may make appropriate orders:

(1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;

(2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;

(3) imposing conditions on the representative parties or on intervenors;

(4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;

(5) dealing with similar procedural matters. The orders may be combined with an order under Rule 62, and may be altered or amended as may be desirable from time to time.

(e) Dismissal or Compromise. A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.

(f) Appeals. An appellate court may permit an appeal from an order of a circuit court granting or denying class action certification under this Rule 52.08 if a petition is timely filed as provided in Rule 84.035. The filing of a petition shall not stay the proceedings in the trial court unless the trial judge or the appellate court so orders.

Committee Note – 1974



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994; amended June 21, 2005, effective January 1, 2006.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.09 | Derivative Actions by Shareholders

In a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association, the corporation or association having failed to enforce a right that may properly be asserted by it, the petition shall be verified and shall allege that the plaintiff was a shareholder or member at the time of the transaction of which there is a complaint or that the plaintiff's share or membership thereafter devolved on the plaintiff by operation of law. The petition shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action desired from the directors or comparable authority and, if necessary, from the shareholders or members and the reasons for the failure to obtain the action or for not making the effort. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation or association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to shareholders or members is such manner as the court directs.

Committee Note – 1974

This is the same as Rule 23.1 of the Federal Rules of Civil Procedure with jurisdictional references applying only to federal courts eliminated.


(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: December 01, 1972

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.10 | Actions Relating to Unincorporated Associations

An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in Rule 52.08(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in Rule 52.08(e).

Nothing in this Rule shall be construed to affect the rights or liabilities of labor unions to sue or be sued.

Committee Note – 1974

This is the same as Rule 23.2 of the Federal Rules of Civil Procedure with the following sentence added: "Nothing in this Rule shall be construed to affect the rights or liabilities of labor unions to sue or be sued."


(Adopted April 21, 1972, effective December 1, 1972.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.11 | Third-Party Practice

(a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party.

The third-party plaintiff need not obtain leave to make the service if the third-party petition is filed not later than ten days after the defending party serves the original answer. Otherwise, the defending party shall obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party petition, hereinafter called the third-party defendant, shall make defenses to the third-party plaintiff's claim as provided in Rule 55 and counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 55. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert defenses as provided in Rule 55 and counterclaims and cross-claims as provided in Rule 55. Any party may move to strike the third-party claim or for its severance or separate trial. A third-party defendant may proceed under this Rule 52.11 against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant.

(b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third-party to be brought in under circumstances that under this Rule 52.11 would entitle a defendant to do so.

(c) Execution by Third-Party Plaintiff – Limitation. Where a third-party defendant is liable to the plaintiff, or to any one holding a similar position under Rule 52.11(a) or 52.11(b), on the claim on which a third-party plaintiff has been sued, execution by the third-party plaintiff on a judgment against the third-party defendant shall be permitted only to the extent that the third-party plaintiff has paid any judgment obtained against the third-party plaintiff by the obligee.

Committee Note – 1974


Paragraph (b) is the same as prior Rule 52.10(b).

Paragraph (c) is the same as prior Rule 52.10(c).



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.12 | Intervention

(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: 

(1) when a statute of this state confers an unconditional right to intervene or 

(2) when the applicant claims an interest relating to the property or transaction that is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.

(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an action: 

(1) when a statute of this state confers a conditional right to intervene; or 

(2) when an applicant's claim or defense and the main action have a question of law or fact in common; or 

(3) when the validity of a statute, regulation or constitutional provision of this state, or an ordinance or regulation of a governmental subdivision thereof, affecting the public interest, is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may in its discretion notify the chief legal officer of the state or governmental subdivision thereof, and the state or governmental subdivision may in the discretion of the court be permitted to intervene, upon proper application.

(c) Procedure. A person desiring to intervene shall serve a motion upon all parties affected thereby. The motion shall state the grounds therefor, and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute of this state gives a right to intervene.

Committee Note – 1974

Paragraph (a) is the same as Rule 24(a) of the Federal Rules of Civil Procedure except for the reference to Missouri statutes instead of statutes of the United States.

Paragraphs (b) and (c) are substantially the same as prior Rule 52.11(b) and (c).



(Adopted April 21, 1972, eff. Dec. 1, 1972. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 21, 1972

Most Recently Effective: January 01, 1994

Rule 52 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Parties

52.13 | Substitution of Parties – Dismissal

(a) Upon Death.

(1) If a party dies and the claim is not thereby extinguished, the court may, upon motion, order substitution of the proper parties. Suggestion of death may be made by any party or person in interest by the service of a statement of the fact of the death as provided herein for the service of a motion. A motion for substitution may be made by any party or by the successor or representative of the deceased party. Such motion, together with notice of hearing shall be served upon the parties as provided in Rule 43.01, and upon persons not parties in the manner provided for the service of a summons. Unless a motion for substitution is served within 90 days after a suggestion of death is filed, the action shall be dismissed as to the deceased party without prejudice.

(2) In the event of the death of one or more of the plaintiffs or one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the death shall be suggested on the record and the action shall proceed in favor of or against the surviving parties.

(b) Incompetency. If a party becomes incompetent, upon motion for substitution served as provided in Rule 52.13(a), the court may allow the action to be continued by or against the party's representative.

(c) Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subsection (a) of this Rule.

(d) Public Officers – Death or Separation From Office. When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. When a public officer sues or is sued in an official capacity, the officer may be described as a party by official title rather than by name, but the court may require the name to be added.

(e) Dissolution of Corporation. When a corporation has been sued and served with a process or has appeared while in being, and is thereafter dissolved or its charter forfeited, the action shall not be affected thereby and any judgment obtained shall have the effect of a judgment against the directors and officers in office when any such dissolution or forfeiture occurs, in their representative capacity, although they were not joined in the action.

(f) Motion for Substitution – Notice. When service of motion for substitution and notice of hearing is required to be served in the manner for the service of summons, the hearing on said motion shall not be held prior to the time the person served would be required to appear if served with an original process.

(g) Substitution – Effect on Time for After-Judgment Motions. In all cases where the event which gives a right to substitute parties under this Rule occurs after judgment has been rendered in a trial court, the time for filing after-judgment motions, giving after-judgment notices and all other after-judgment proceedings shall not begin to run until an order of substitution is made in accordance with this Rule.

Committee Note – 1974

Paragraph (a)(1) is derived from prior Rule 52.12(a) and [Federal] Rule (a)(1) but it has been substantially revised.

Paragraph (a)(2) is substantially the same as prior Rule 52.12(b).

Paragraph (b) is substantially the same as prior Rule 52.12(d).

Paragraph (c) is the same as prior Rule 52.12(e).

Paragraph (d) is the same as prior Rule 52.12(g).

Paragraph (e) is substantially the same as prior Rule 52.12(f).

Paragraphs (f) and (g) are substantially the same as prior Rule 52.12 (h) and (i).

Note limitations upon recovery against assets of administered decedents' estates in sections 473.360, 473.363, 473.367 and 473.370, RSMo. Written notice of the motion for substitution must be filed in the probate court in which the estate is being administered within six months after the first published notice of letters. Personal representatives are directed to give notice of death to adverse parties in litigation in which they know deceased was a party.



(Adopted April 21, 1972, effective December 1, 1972. Amended September 28, 1993, effective January 1, 1994.)