Effective - 28 Aug 2009
516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. — If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action may be commenced within the times herein respectively limited, after the return of such person into the state.
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(RSMo 1939 § 1023, A.L. 2009 H.B. 481)
Prior revisions: 1929 § 871; 1919 § 1326; 1909 § 1897
(2001) Section denying statute of limitations defense to defendants who have moved from the state burdens interstate commerce and is unconstitutional; statute cannot be justified due to applicability of long-arm jurisdiction over such defendants. Rademeyer v. Farris, 145 F.Supp.2d 1096 (E.D.Mo.), aff'd, 284 F.3d 833 (8th Cir. 2002).
(2008) Tolling statute of limitations for persons who become non-residents of Missouri during limitation period violates Commerce Clause. State ex rel. Bloomquist v. Schneider, 244 S.W.3d 139 (Mo.banc).