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

May 13, 2021 | Civil Procedure, Missouri

(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.

Mo. R. Civ. P. 52.03

Adopted April 21, 1972, eff. Dec. 1, 1972. Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Committee Note-1974

This is the same as prior Rule 52.03.

Compare: Rule 17(b) of the Federal Rules of Civil Procedure.