New Law in MO: H.B. 1410

There is a new law in the state of Missouri that could affect Landlords in Eviction court for the better.

Photo by nirots from FreeDigitalPhotos.net.
Photo by nirots from FreeDigitalPhotos.net.

Sponsored by MAREI Member Gary Cross in the MO House of Representatives as well as Representative Lyndall Franker, Missouri H.B. 1410 will remove the right of the tenant  to a trial de novo in an unlawful detainer and landlord-tenant actions.

Nolo Press defines Trial de Novo as “A trial held on appeal, in which the appeals court holds a trial as if no prior trial had been held, considering the evidence anew rather than reviewing the lower court’s decision for correctness. A trial de novo is common on appeals from small claims court judgments.”

Danielle E. Marler of South an Associates tells us that before HB 1410 after judgment was entered against the defendant, the defendant had “10 days in which to file an application for a trial de novo. Essentially, a trial de novo is a new trial giving the losing party another bite at the apple. After the trial de novo hearing is held in circuit court, either party may appeal the judgment of the circuit court to the Missouri Court of Appeals. Mo. Rev. Stat. §§ 512, et seq. The defendant must post a bond in the full amount of the judgment to stay the execution of the judgment for restitution and proceed with the trial de novo. If the application is not filed and the bond is not posted within that time frame, the plaintiff can proceed to lockout by filing a writ of execution with the court.”

After being enacted in August of 2014,  the parties are no longer be able to file an application for a trial de novo. Instead, the losing party must file a notice of appeal with the clerk of the trial court. As with the trial de novo, to stay execution of judgment for restitution, the filing party must also post a bond in the full amount of the judgment. The notice of appeal must be filed within 10 days of final judgment.

This will help the Missouri Landlord and save the Missouri Court costs from