Rule 52.03.Parties to Civil Action When Claim for Relief Accrues Under Law of Another State--Proceeds, How Distributed.
Part I · Rule 52: Parties · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 52.03 lets a Missouri civil action proceed on a claim that arose under another state's law, naming either the people entitled to the proceeds or a representative that state's law authorizes, and it tells that representative how to distribute what is recovered.
(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.
This is the same as prior Rule 52.03. Compare: Rule 17(b) of the Federal Rules of Civil Procedure.
Plain-English Summary
Some claims are created by the law of a state other than Missouri, and Rule 52.03 addresses who may bring such a claim when the case is filed in Missouri. The rule offers two routes. If the persons entitled to the proceeds of the claim are themselves authorized to sue under the other state's law, they bring the action directly. If they are not so authorized, an executor, administrator, guardian, guardian ad litem, or other person the other state's law empowers to sue in a representative capacity may bring it instead.
When a representative brings the case under the second route, Rule 52.03 also governs what happens to the money. Proceeds from a judgment or a settlement are paid to the person who brought the action, and that person may satisfy the judgment and sign a release. From there, the representative distributes and pays the proceeds to the people entitled to them according to their respective interests, as fixed by the other state's law.
The rule keeps two things separate: which state's substantive law governs the claim, and who has standing to sue on it in a Missouri court. It resolves only the second question, deferring entirely to the other state's law for both who is authorized to sue and how the recovery should ultimately be divided among the people entitled to it.
Frequently Asked Questions
Why would a Missouri court apply another state's rule about who can sue?
Some claims — certain wrongful-death or survival-type claims, for example — are created entirely by the law of the state where the underlying event occurred. Rule 52.03 lets that claim be pursued in a Missouri court while looking to the creating state's law to decide who is the proper plaintiff.
Who is allowed to bring a claim under Rule 52.03?
Either the persons entitled to the proceeds, if the other state's law lets them sue directly, or, if it does not, a representative such as an executor, administrator, guardian, or guardian ad litem that the other state's law empowers to sue on their behalf.
What happens to money recovered by a representative under this rule?
The proceeds — whether from a judgment or a settlement — are paid to the representative who brought the action. That person may satisfy the judgment, execute a release, and then must distribute the proceeds to the people entitled to them according to their interests under the other state's law.
Does Rule 52.03 decide which state's law applies to the underlying claim?
No. It assumes a claim already exists under another state's law and addresses only who may bring it in a Missouri court and how any recovery gets distributed. It does not itself resolve choice-of-law questions.
Can more than one person share in the proceeds recovered under Rule 52.03?
Yes. When a representative brings the action, the rule directs that person to pay and distribute the proceeds among all the people entitled to them, according to their respective interests under the other state's law.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:foreign claim partiesclaims under another state's lawout-of-state claim partiesproceeds distribution foreign claim