No. 29-77
The civil jurisdiction of the magistrate courts, including the magistrate courts in the City of St. Louis, is provided for in Section 482.090 as amended by C.C.S.H.B. Nos. 1317 and 1098, General Assembly, Second Regular Session, in the maximum amount of $5,000.
Cite as Mo. Op. Att'y Gen. No. 29-77
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MAGISTRATES:
The civil j urisdiction of the magis trate
courts, including the magistrate courts in
the City of St. Louis, is provided for in Section 482.090 as amended
by c.c.s.H.B. Nos . 1317 and 1098, 78th General Assembly, Second
Regular Session, in the maximum amount of $5 , 000.
April 11, 1977
Honorable Kenneth J. Rothman
Representative, District 77
Room 309, State Capitol Building
Jefferson City, Missouri
65101
Dear Representative Rothman:
OPINION NO. 29
Fl LED
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This is in response to your request for an opinion from this
office in which you inquire whether the St. Louis magistrate court
civil jurisdiction is limited to actions in the amount of $3 , 500
or less, exclusive of interest and costs.
Your question is occasioned because S.C.S.S . B. No. 658, 78th
General Assembly, Se cond Regular Session, provides for a maximum
jurisdictional amount of $3,500 for the magistrate courts of St.
Louis City and c.c.s . H.B. Nos. 1317 and 1098, 78th General Assem-
bly, Second Regular Session, deleted the $3,500 maximum jurisdic-
tional amount.
For the sake of clarity, S.C.S.S.B. No. 658 will be referred
to as V.A.M.S. Act 70 and C.C.S.H.B. No . 1317 and 1098 will be
referred to as V.A.M.S. Act 72, both being so described in Vernon's
Missouri Legislative Service, 1976.
Acts 70 and 72 were both approved by the Governor on the
same day, June 17 , 1976, and both be came effective ninety days
after adjournment.
The title to Act 70 related to the St. Louis court of crim-
inal correction and the magistrates courts in the City of St. Louis
and the jurisdiction and the duties of the judges and the person-
nel of said courts.
The title to Act 72 related to magistrate
and probate courts and judges thereof.
Act 70 amended Section 482.230, RSMo 1969 , to read as follows:
"1.
Each such magistrate court and each of its
divisions and magistrates shall have coextensive
Honorable Kenneth J. Rothman
amendments to Section 482.230.
As found in Section 482.230 , V.A.M.S.
Pocket Part Supplement, the consolidated section provides as follows:
"1 .
Each such magistrate court and each of its
divisions and magistrates shall have coextensive
with the city all the duties, powers and juris-
diction given by general law to magistrates and
magistrate courts in criminal and civil cases
and matters, and all the provisions of general
law applicable to magistrates, their courts and
officers, shall be applicable to the courts, mag-
istrates and officers subject to the provisions
of sections 482.220 to 482.280, except so far as
inconsistent therewith.
"2.
Each such magistrate shall also have all
the duties, powers and jurisdiction as vested
by general law in magistrates and magistrate
courts in all criminal cases, examinations,
hearings , proceedings and matters.
"3.
The practice, procedure and costs relating
to the prosecution of criminal offenses before
such magistrates shall be as provided by gen-
eral law relating to magistrates and magistrate
courts in criminal cases."
Thus, the Revisor has followed the proper procedure by taking
all the language which was amendatory and consolidating it with the
appropriate explanatory note as authorized by Section 3.065.
This
procedure conforms with the rule of construction that the legisla-
ture intends something by the amendment of a statute.
St. Charles
Building & Loan Ass'n. v. Webb, 229 S.W.2d 577 (Mo. 1950) .
Thus, since Act 70 made no amendment to the amount in contro-
versy with respect to the City of St. Louis magistrate courts and
since Act 72 eliminated the jurisdictional amounts in its amend-
ment of Section 482.230 and inserted a general jurisdictional
amount for all magistrate courts under Section 482.090, a reading
of these statutes together leads us to the conclusion that the ju-
risdictional amount of all magistrate courts, including the mag-
istrate courts in the City of St. Louis, is $5,000 as of August 13,
1976.
In direct answer to your question, the St. Louis magistrate
court jurisdiction is not limited to $3,500 as provided in Act
70 as it was clearly the legislative intent as provided in Act
72 to remove such jurisdictional limitation and to allow the St.
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Honorable Kenneth J . Rothman
Louis magistrate court to come within the $5,000 jurisdictional
maximum as provided in Section 482 . 090 as amended.
CONCLUSION
It is the opinion of this office that the civil jurisdiction
of the magistrate courts , including the magistrate courts in the
City of St. Louis , is provided for in Section 482.090 as amended
by C.C.S.H.B. Nos. 1317 and 1098, 78th General Assembly, Second
Regular Session , in the maximum amount of $5 , 000.
The foregoing opinion, which I hereby approve, was prepared
by my assistant, John C. Klaffenbach .
Yours very truly,
!;?:::::::<0~~
Attorney General
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