Missouri SB 546: Modifies provisions of civil procedure regarding joinder and venue

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 546
99TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR MUNZLINGER.
Pre-filed December 1, 2017, and ordered printed.
ADRIANE D. CROUSE, Secretary.
5022S.01I
AN ACT
To repeal sections 507.040, 507.050, 508.010, 508.012, and 537.762, RSMo, and to
enact in lieu thereof five new sections relating to civil procedure in tort claims.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 507.040, 507.050, 508.010, 508.012, and 537.762,
2 RSMo, are repealed and five new sections enacted in lieu thereof, to be known as
3 sections 507.040, 507.050, 508.010, 508.012, and 537.762, to read as follows:
507.040. 1. All persons may join in one action as plaintiffs if they assert
2 any right to relief jointly, severally, or in the alternative in respect of or arising
3 out of the same transaction, occurrence, or series of transactions or occurrences
4 and if any question of law or fact common to all of them will arise in the action.
5 All persons may be joined in one action as defendants if there is asserted against
6 them jointly, severally, or in the alternative, any right to relief in respect of or
7 arising out of the same transaction, occurrence, or series of transactions or
8 occurrences and if any question of law or fact common to all of them will arise in
9 the action. Notwithstanding any other provision of law to the contrary,
10 for any action in which a plaintiff was injured outside the state of
11 Missouri, claims arising out of separate purchases of the same product
12 or service, or separate incidents involving the same product or services
13 shall not satisfy this section. A plaintiff or defendant need not be interested
14 in obtaining or defending against all the relief demanded. Judgment may be
15 given for one or more of the plaintiffs according to their respective rights to relief,
16 and against one or more defendants according to their respective liabilities.
17 2. In addition to the requirements of subsection 1 of this section,
18 in any civil action in which there is a count alleging a tort, two or more
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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19 plaintiffs may be joined in a single action only if each plaintiff could
20 have separately filed an action in that venue, independently of the
21 claims of any other plaintiff. Two or more defendants may be joined in
22 a single action only if:
23 (1) Personal jurisdiction is proper for each defendant,
24 independently of the claims against any other defendant; and
25 (2) Each plaintiff can establish proper venue against each
26 defendant, independently of the claims against any other defendant.
27 3. All parties for which proper personal jurisdiction and venue
28 cannot be independently established shall be deemed
29 misjoined. Misjoined parties may be joined only where at least one
30 claim is properly pending in the court, and all parties to the action
31 waive objection to the misjoinder. All other misjoined parties shall be
32 subject to the provisions of section 507.050. The requirements under
33 this section are procedural.
34 4. Notwithstanding any other provision of law to the contrary,
35 if two or more plaintiffs were first injured outside of the state of
36 Missouri as a result of a single occurrence in which injuries occurred
37 simultaneously, such as with an automobile collision or industrial
38 explosion, the plaintiffs may be joined in one action in Cole County.
39 5. The court may make such orders as will prevent a party from being
40 embarrassed, delayed, or put to expense by the inclusion of a party against whom
41 he asserts no claim and who asserts no claim against him, and may order
42 separate trials or make other orders to prevent delay or prejudice.
507.050. 1. Misjoinder of parties is not ground for dismissal of an
2 action. Parties may be dropped [or], added, or severed by order of the court on
3 motion of any party or of its own initiative at any stage of the action and on such
4 terms as are just. Any claim against a party may be severed and proceeded with
5 separately. If a plaintiff or defendant is deemed misjoined pursuant to
6 subsection 3 of section 507.040, all claims brought by that plaintiff or
7 against that defendant shall be severed from the action and those
8 claims shall be transferred to a county in which venue exists upon the
9 motion of any party. If there is no county in Missouri in which venue
10 exists, those claims shall be dismissed without prejudice.
11 2. A motion to drop or add parties may be made at the same time as other
12 motions provided for in section 509.290, and if so made, the provisions of section
13 509.340 with reference to the consolidation of motions and waiver of objections

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14 shall also apply. If said motion is made at any other time, the hearing and
15 determination thereof shall not delay the trial. Objections