Missouri § 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.

Full text of Missouri Revised Statutes of Missouri § 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., with citation guidance and answers to common questions.

§ 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.

---- end of effective  28 Aug 2022 ----

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Source: official Missouri text · Last verified 2026-08-27

Frequently Asked Questions About Missouri § 1.185

What does Revised Statutes of Missouri § 1.185 cover?

Section 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.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Missouri § 1.185?

A common citation format is "Revised Statutes of Missouri § 1.185" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Missouri law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.

How does Missouri § 1.185 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.