Chapter 509 Pleadings

509.460 - Cross-claims against coparty.

Steven Groce, Attorney Advertisement

A pleading may state as a cross-claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

(L. 1943 p. 353 § 77)

509.060 - Joinder of claims.

The plaintiff in his petition or in a reply setting forth a counterclaim and the defendant in an answer setting forth a counterclaim may join either as independent or as alternate claims as many claims either legal or equitable or both as he may have against an opposing party.There may be a like joinder of claims where there are multiple parties if the requirements of sections 507.030, 507.040 and 507.060 are satisfied.There may be a like joinder of cross-claims or third-party claims if the requirements of section 509.460 and section 507.080, respectively, are satisfied.

(L. 1943 p. 353 § 37)

509.160 - Particularity required in all averments of fraud or mistake.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

(L. 1943 p. 353 § 47)

509.360 - Motion for judgment on pleadings.

After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings.

(L. 1943 p. 353 § 68)

509.260 - Time of pleading.

1.A defendant shall file his answer within thirty days after the service of the summons and petition upon him, except where service by mail is had, in which event a defendant shall file his answer within thirty days after the return registered mail receipt, as required by subsection 2 of section 506.160 and subsection 3 of section 506.180, is filed in the case, or within forty-five days after the first publication of notice in case that neither personal service nor service by mail is had.

2.If a cross-claim be filed against a party, he shall file an answer thereto within twenty days after the same be filed.The plaintiff shall file his reply to a counterclaim in the answer within twenty days after filing of the answer or, if a reply is ordered by the court, within twenty days after entry of the order, unless the order otherwise directs.

3.The filing of any motion provided for in sections 509.290 to 509.320 alters the time fixed for filing any required responsive pleadings as follows, unless a different time is fixed by order of the court:If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading may be filed within ten days after notice of the court's action; if the court grants a motion for a more definite statement or for a bill of particulars, the responsive pleading may be filed within ten days after the filing of the more definite statement or bill of particulars.In either case the time for filing of the responsive pleading shall be no less than remains of the time which would have been allowed under this section if the motion had not been made.

(L. 1943 p. 353 § 58)

509.470 - Additional parties made defendants when required for counterclaim or cross-claim.

When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants as provided in this code if jurisdiction of them can be obtained.

(L. 1943 p. 353 § 78)

509.170 - Conditions precedent — how pleaded.

In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.A denial of performance or occurrence shall be made specifically and with particularity, and when so made, the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence.

(L. 1943 p. 353 § 48)

509.070 - Two claims may be joined in a single action, when — court shall grant relief, when.

Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties.In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money; a plaintiff may state his original claim against the defendant and also in either the original or an amended petition or a reply, a claim for having any release, composition, settlement, or discharge of the original claim set aside as fraudulent or otherwise wrongfully procured.

(L. 1943 p. 353 § 38)

509.270 - Demurrers and pleas in abatement and to the jurisdiction shall not be used.

Demurrers and pleas in abatement and to the jurisdiction shall not be used.

(L. 1943 p. 353 § 59)

509.370 - Time for hearing of motions.

All objections raised by motion shall be heard and determined before the trial on application of any party, unless the court for good cause orders that the hearing and determination thereof be deferred until the trial.

(L. 1943 p. 353 § 69)

509.450 - Counterclaim set up by amendment, when.

When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires he may by leave of court set up the counterclaim by amendment.

(L. 1943 p. 353 § 76)

509.250 - Pleadings, how construed.

All pleadings shall be so construed as to do substantial justice.

(L. 1943 p. 353 § 57)

509.350 - Motion searches record.

Upon motion directed to an answer or reply, substantial defects in all prior pleadings may be considered and judgment rendered against the party who has first failed to state a claim upon which relief can be granted or to state a legal defense to a claim.

(L. 1943 p. 353 § 67)

509.150 - Partnership deemed confessed, unless denied.

When parties sue or are sued as a partnership, and the names of the partners are set forth in the petition or counterclaim, the existence of the partnership shall be deemed confessed unless it be denied by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

(L. 1943 p. 353 § 46)

509.050 - Pleading, setting forth claim for relief, contents — demand for dollar amount not permitted, exception — discovery used to determine total damages, use in trial prohibited.

1.A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim or third-party claim shall contain:

(1)A short and plain statement of the facts showing that the pleader is entitled to relief; and

(2)A demand for judgment for the relief to which he deems himself entitled.The prayer for relief need not include a request for prejudgment interest otherwise properly allowable under subsection 2 of section 408.040.

If a recovery of money be demanded, no dollar amount or figure shall be included in the demand except to determine the proper jurisdictional authority, but the prayer shall be for such damages as are fair and reasonable.The provisions of this section shall not affect the conduct of trial with regard to stating, proving, or arguing damages.Relief in the alternative or of several different types may be demanded.

2.A party may discover the total damages being claimed.The response to such discovery shall not be used at trial by opposing parties for any purpose.

(L. 1943 p. 353 § 36, A.L. 1987 H.B. 700, A.L. 1993 S.B. 88)

CROSS REFERENCE:

Medical and health care providers, malpractice sections, Chap. 538; 509.050 not applicable, 538.300

509.440 - When claim may be presented as counterclaim by supplemental pleading.

A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.

(L. 1943 p. 353 § 75)

509.340 - Consolidation of motions — waiver of objections — exceptions.

A party who makes a motion may join with it the other motions provided for and then available to him.No objection is waived by being joined with one or more other objections in the motion, nor shall pleading over or entering into the trial of the merits be deemed to waive any objection properly raised by motion.A party waives all objections and other matters then available to him by motion by failure to assert the same by motion within the time limited by section 509.330, except failure to state a claim upon which relief can be granted, or failure to state a legal defense to a claim, and except lack of jurisdiction over the subject matter.

(L. 1943 p. 353 § 66)

509.240 - Execution of written instrument deemed confessed, when.

When any claim or counterclaim shall be founded upon any written instrument and the same shall be set up at length in the pleading or a copy attached thereto as an exhibit, the execution of such instrument shall be deemed confessed unless the party charged to have executed the same shall specifically deny the execution thereof.

(L. 1943 p. 353 § 56)

509.040 - Technical forms not required in pleading.

Each averment of a pleading shall be simple, concise, and direct.No technical forms of pleading or motions are required.

(L. 1943 p. 353 § 35)

509.140 - Averments as to capacity or authority of parties to sue or be sued.

It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party.When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.

(L. 1943 p. 353 § 45)

509.210 - Libel and slander, averments — defenses.

In an action for libel or slander, it shall not be necessary to state in the petition any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary.The defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstance.

(L. 1943 p. 353 § 53)

509.310 - Motion for more definite statement or for a bill of particulars.

A party may move for a more definite statement or for a bill of particulars of any matter contained in a petition, answer or reply which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleadings or to prepare generally for trial when a responsive pleading is not required.If the motion is granted and the order of the court is not obeyed within ten days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed, or make such order as it deems just.A bill of particulars becomes a part of the pleading which it supplements.

(L. 1943 p. 353 § 63)

509.110 - Pleading in alternative — consistency.

A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.A party may also state as many separate claims or defenses as he has whether based on legal or on equitable grounds or on both.

(L. 1943 p. 353 § 42)

509.010 - Shall be petition and answer — reply if answer contains counterclaim.

There shall be a petition and an answer; and there shall be a reply if the answer contains a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition if leave is given to summon a person who was not an original party; and there shall be a third-party answer, if a third-party petition is served.No other pleading shall be required except that the court may order a reply to an answer or a third-party answer.

(L. 1943 p. 353 § 32)

509.410 - Objection that no demand has been made not available, when.

It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs.This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

(RSMo 1939 § 1426)

Prior revisions: 1929 § 1262; 1919 § 1714; 1909 § 2283

509.510 - Supplemental pleadings.

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.

(L. 1943 p. 353 § 83)

509.300 - Failure to state a claim or defense, raised on motion, when.

The objections of failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised by motion when these objections appear on the face of the pleadings.

(L. 1943 p. 353 § 62)

509.200 - Claims of items of special damage shall be specifically stated.

When items of special damage are claimed, they shall be specifically stated.In actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages sought to be recovered.

(L. 1943 p. 353 § 52)

509.100 - Failure to deny, effect.

Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings.When a reply is filed, whether required or not, all affirmative defenses of the answer which are not denied in the reply are deemed admitted.Averments in a pleading to which a responsive pleading is not filed and is not required shall be taken as denied or avoided.

(L. 1943 p. 353 § 41)

509.500 - Amendments to conform to evidence.

When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.The court may grant a continuance to enable the objecting party to meet such evidence.

(L. 1943 p. 353 § 82)

509.400 - Defenses which may be raised by pleading — waiver.

All defenses and objections for which there is no provision for the raising of the same by motion shall be raised in the responsive pleading if one is permitted.When no responsive pleading is required the case shall be deemed at issue.If a responsive pleading is required all defenses or objections not raised therein are waived, except failure to state a claim upon which relief can be granted, or failure to state a legal defense to a claim, and, except lack of jurisdiction over the subject matter.All issues of fact raised or deemed to be raised shall be determined at the trial.

(L. 1943 p. 353 § 72)

509.020 - Caption of pleading — what set forth.

Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in section 509.010.In the petition the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(L. 1943 p. 353 § 33)

509.120 - Averments, how made.

All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings.Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(L. 1943 p. 353 § 43)

509.320 - Matter which party may move to strike out.

A party may move to strike any redundant, immaterial, impertinent, or scandalous matter from any pleading.

(L. 1943 p. 353 § 64)

509.220 - Private statutes, averments — laws of other states — judicial notice.

1.In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the place where found in the session acts or in the revised statutes, and the court shall thereupon take judicial notice thereof.

2.In every action or proceeding wherein the pleading states that the law of another state is relied upon, the courts of this state shall take judicial notice of the public statutes and judicial decisions of said state.

(L. 1943 p. 353 § 54)

509.520 - Court pleadings, attachments, and exhibits, redaction of Social Security and credit card numbers — confidential case file sheet, contents.

1.Notwithstanding any provision of law to the contrary, beginning August 28, 2009, pleadings, attachments, or exhibits filed with the court in any case, as well as any judgments issued by the court, shall not include:

(1)The full Social Security number of any party or any child who is the subject to an order of custody or support;

(2)The full credit card number or other financial account number of any party.

2.Contemporaneously with the filing of every petition for dissolution of marriage, legal separation, motion for modification, action to establish paternity, and petition or motion for support or custody of a minor child, the filing party shall file a confidential case filing sheet with the court which shall not be subject to public inspection and which provides:

(1)The name and address of the current employer and the Social Security number of the petitioner or movant, if a person;

(2)If known to the petitioner or movant, the name and address of the current employer and the Social Security number of the respondent; and

(3)The names, dates of birth, and Social Security numbers of any children subject to the action.

3.Contemporaneously with the filing of every responsive pleading petition for dissolution of marriage, legal separation, motion for modification, action to establish paternity, and petition or motion for support or custody of a minor child, the responding party shall file a confidential case filing sheet with the court which shall not be subject to public inspection and which provides:

(1)The name and address of the current employer and the Social Security number of the responding party, if a person;

(2)If known to the responding party, the name and address of the current employer and the Social Security number of the petitioner or movant; and

(3)The names, dates of birth, and Social Security numbers of any children subject to the action.

4.The full Social Security number of any party or child subject to an order of custody or support shall be retained by the court on the confidential case filing sheet or other confidential record maintained in conjunction with the administration of the case.The full credit card number or other financial account number of any party may be retained by the court on a confidential record if it is necessary to maintain the number in conjunction with the administration of the case.

5.Any document described in subsection 1 of this section shall, in lieu of the full number, include only the last four digits of any such number.

6.Except as provided in section 452.430, the clerk shall not be required to redact any document described in subsection 1 of this section issued or filed before August 28, 2009, prior to releasing the document to the public.

7.For good cause shown, the court may release information contained on the confidential case filing sheet; except that, any state agency acting under authority of chapter 454 shall have access to information contained herein without court order in carrying out their official duty.

(L. 2009 H.B. 481)

509.420 - What a pleading shall state as a counterclaim.

A pleading shall state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrences that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

(L. 1943 p. 353 § 73)

509.130 - Adoption of statements by reference — exhibits.

Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion.An exhibit to a pleading is a part thereof for all purposes.

(L. 1943 p. 353 § 44)

509.030 - Pleading attributed to, by whom — declaration.

Every pleading of a party represented by an attorney shall be attributed to at least one attorney of record in his individual name, whose address shall be stated.A party who is not represented by an attorney shall affix his name to his pleading and state his address.Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.Pleadings shall be attributed to a party or attorney or signed in the manner provided by supreme court rule.Any statutory requirement that pleadings be signed by any person shall be satisfied by compliance with such rules.Any statutory requirement that pleadings be acknowledged under oath, verified or notarized may be satisfied by a declaration that the pleading is made under penalty of perjury.

(L. 1943 p. 353 § 34, A.L. 1997 S.B. 248)

509.230 - Pleading written instrument.

Whenever a claim, defense, or counterclaim is founded upon a written instrument, the same may be pleaded according to legal effect, or may be recited at length in the pleading, or a copy may be attached to the pleading as an exhibit.

(L. 1943 p. 353 § 55)

509.330 - Time allowed for making motions.

All motions made shall be made within the time allowed for responding to the opposing party's pleading or, if no responsive pleading is permitted, within twenty days after the service of the last pleading.Motions and pleadings may be filed simultaneously by the same party without waiver of the matters contained in either.

(L. 1943 p. 353 § 65)

509.430 - Counterclaim exceeding opposing claim.

A counterclaim may or may not diminish or defeat the recovery sought by the opposing party.It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

(L. 1943 p. 353 § 74)

509.290 - Objections which may be raised by motions.

1.The following objections and other matters may be raised by motion whether or not the same may appear from the pleadings and other papers filed in the cause:

(1)Lack of jurisdiction over the subject matter;

(2)Lack of jurisdiction over the person;

(3)Improper venue;

(4)Insufficiency of process;

(5)Insufficiency of service of process;

(6)That plaintiff should furnish security for costs;

(7)That plaintiff has not legal capacity to sue;

(8)That there is another action pending between the same parties for the same cause in this state;

(9)That several claims have been improperly united;

(10)That the counterclaim or cross-claim is one which cannot be properly interposed in the action.

2.The grounds of any of the above may be supplied by affidavit and may be controverted by opposing affidavit in accordance with subsection 4 of section 506.060.

(L. 1943 p. 353 § 61)

509.390 - Regular times and places for hearing motions.

1.Unless local conditions make it impracticable, each trial court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the court at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of actions.

2.To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

(L. 1943 p. 353 § 71)

509.190 - Judgments and decisions, form of pleading.

In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.If such allegations be controverted, the party pleading them shall establish on the trial the facts conferring jurisdiction.

(L. 1943 p. 353 § 50)

509.090 - Affirmative defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, truth in defamation, waiver, and any other matter constituting an avoidance or affirmative defense.When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleadings as if there had been a proper designation.

(L. 1943 p. 353 § 40)

509.490 - Amendment of pleadings.

A party may amend his pleading as a matter of course at any time before a responsive pleading is filed and served, or, if the pleading is one to which no responsive pleading is required and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty days after it is filed.Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

(L. 1943 p. 353 § 81)

509.380 - Place of hearing.

All motions may be heard and other acts or proceedings, except trials upon the merits, may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county; but no hearing, other than one ex parte, shall be conducted outside the county without the consent of all parties affected thereby.

(L. 1943 p. 353 § 70)

509.280 - Motions, form of.

1.An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

2.The provisions applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this code.

(L. 1943 p. 353 § 60)

509.080 - Defenses — form of denials.

A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.Denials shall fairly meet the substance of the averments denied.When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder.Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments he may do so by general denial.

(L. 1943 p. 353 § 39)

509.180 - Official documents or acts, form of pleading.

In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

(L. 1943 p. 353 § 49)

509.480 - Reduction of assigned claims to the extent of all counterclaims.

Except as otherwise provided by law as to negotiable instruments, every assigned claim shall be subject to be reduced to the extent of all counterclaims which the obligor had against the plaintiff's assignor at the time of notice of the assignment.