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Marginalia
Code · Missouri · Chapter 1

1.185.

665 words·~3 min read·/mo/chapter-1/1-185

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1.185. Civil court actions, public officials prohibited from compromising or settling if conflict with chapters 115 to 128 — challenge to constitutionality of statute, procedure — intervention in cases, when. — 1. As used in this section, the term "public official" means any elected or appointed officer, employee, or agent of the state or any political subdivision, board, commission, bureau, or other public body established by law.
2. In any civil action in a state or federal court, no public official, including any attorney representing or acting on behalf of a public official, has any authority to compromise or settle an action, consent to any condition, or agree to any order in connection therewith if the compromise, settlement, condition, or order nullifies, suspends, enjoins, alters, or conflicts with any provision of chapters 115 to 128 .
3. Any compromise, settlement, condition, or order to which a public official agrees that conflicts with subsection 2 of this section is void and has no legal effect.
4. Nothing in this section shall be construed to limit or otherwise restrict any powers granted by Article * III or VIII of the Constitution of Missouri.
5. When a party to an action in state or federal court challenges the constitutionality of a statute facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense, that party shall provide a copy of the pleading to the speaker of the house of representatives and the president pro tempore of the senate within fourteen days of filing the pleading with the court.
The speaker of the house of representatives and the president pro tempore of the senate may intervene to defend against the action at any time in the action as a matter of right by serving motion upon the parties as provided by applicable rules of civil procedure.
6. The speaker of the house of representatives may intervene at any time in an action on behalf of the house of representatives. The speaker may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the house of representatives in any action in which the speaker intervenes.
7. The president pro tempore of the senate may intervene at any time in an action on behalf of the senate. The president pro tempore may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the senate in any action in which the president pro tempore intervenes.
8. The president pro tempore of the senate and the speaker of the house of representatives, acting jointly, may intervene at any time in an action on behalf of the general assembly. The president pro tempore and the speaker, acting jointly, may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the general assembly in any action in which the president pro tempore and speaker jointly intervene.
9. No individual member, or group of members, of the senate or of the house of representatives, except the president pro tempore and the speaker as provided under this section, shall intervene in an action described in this section or obtain legal counsel at public expense under this section in the member's or group's capacity as a member or members of the senate or the house of representatives.
10. Notwithstanding any contrary provision of law, the participation of the speaker of the house of representatives or the president pro tempore of the senate in any state or federal action, as a party or otherwise, does not constitute a waiver of the legislative immunity or legislative privilege of any member, officer, or staff of the general assembly.
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(L. 2022 H.B. 1878 § 2)
*Word "articles" appears in original rolls.
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