A good way to describe the Associate Division of the Circuit Court in Missouri is that it deals with cases more complicated and involving larger amounts of money than Small Claims Court, but less complicated and involving less money than Circuit Court cases.

Many kinds of civil lawsuits can be filed in the Associate Division, subject to a jurisdictional limit of $25,000. The Associate Division also has jurisdiction over most landlord/tenant cases and can, by assignment from the Circuit Court, hear cases that would otherwise be within the exclusive jurisdiction of the Circuit Court. One common type of civil lawsuit filed in the Associate Division is the so-called “collection” case in which a creditor seeks to collect money allegedly owed by a debtor.

Proceedings in Associate Division are designed to be speedier than in Circuit Court, and most Associate Division cases are resolved within one to three months after filing. In contrast to Small Claims Court, however, proceedings in the Associate Division are more formal and all rules of evidence apply. This makes it more difficult for individuals to successfully represent themselves in the Associate Division, although they have the right to do so. With limited exceptions, corporations and most organizations can only be represented by an attorney in the Associate Division.

In Associate Division cases, the summons served on the defendant along with a copy of the plaintiff’s petition notifies the defendant of an initial court appearance date (called the “return date”). The plaintiff is also notified of the return date. On the return date, both the plaintiff and defendant should appear, either in person or through an attorney. Typical outcomes on the return date are:

  • If the plaintiff fails to appear, the court will dismiss the plaintiff’s claim (but it can be refiled later upon paying another filing fee).
  • If the defendant does not appear, the court will enter a default judgment against the defendant.
  • If the defendant appears and admits the allegations of the plaintiff’s petition, the court will enter a consent judgment against the defendant.
  • If the defendant disputes all or part of the plaintiff’s petition, the case will be set for trial at a later date.

Defendants in Associate Division cases should be aware of a possible pitfall in the way they respond to a plaintiff’s petition. The somewhat informal procedures allow a defendant to appear personally or through an attorney and orally deny the validity of the plaintiff’s allegations. However, if the defendant wishes to assert affirmative defenses and/or counterclaims, these must be filed with the court in writing together with any denials of the plaintiff’s allegations. Failure to file written affirmative defenses and/or counterclaims results in a waiver, with the consequence that the defendant will not be permitted to present evidence on these issues at trial if the plaintiff objects.

Although Associate Division procedures are designed for speedy resolution of cases, it is possible in some cases to use the discovery techniques mentioned under the “Overview” topic above. Using these discovery techniques may require obtaining an order from the judge allowing more time before a trial is scheduled so discovery can be completed.

In Associate Division the parties are entitled to trial by jury in some cases, but a party desiring a jury trial must request it at least five days before trial. In other cases, there is no right to a jury trial. Few jury trials are requested in the Associate Division, however, because it is quicker and less expensive to have cases heard by the judge.

Most Associate Division trials are held “on the record,” with the proceedings being voice recorded. In these cases, if either party desires to appeal, the appeal is made directly to the Missouri Court of Appeals.