reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.090 - Judge disqualified — change of venue granted, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1957
508.090. Judge disqualified — change of venue granted, when. —
1. The judge of a court of record may be disqualified in any civil suit for any of the following causes:
(1) That the judge is interested or prejudiced, or is related to either party, or has been of counsel in the cause;
(2) That the opposite party has an undue influence over the mind of the judge.
2. A change of venue may be awarded in any civil suit to any court of record for any of the following causes:
(1) That the inhabitants of the county are prejudiced against the applicant;
(2) That the opposite party has an undue influence over inhabitants of the county;
­­but in no case shall more than one change be granted either party.
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(RSMo 1939 § 1058, A.L. 1957 p. 294)
Prior revisions: 1929 § 907; 1919 § 1357; 1909 § 1927
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.100 - Judge disqualified without application, when — exception.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1957
508.100. Judge disqualified without application, when — exception. —
If a judge is interested in the cause before him, or related to either party, or has been of counsel in the cause, the court, without application from either party, shall either call in another circuit judge to sit in the case, as authorized by Section 15 of Article V of the Constitution, or request the supreme court to transfer a judge to try the cause, as authorized by Section 6 of Article V of the Constitution, unless all the parties in the cause consent that such judge may sit in the trial thereof.
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(RSMo 1939 § 1059, A.L. 1957 p. 294)
Prior revisions: 1929 § 908; 1919 § 1358; 1909 § 1928
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.110 - Judge disqualified, case transferred to another division of court, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1957
508.110. Judge disqualified, case transferred to another division of court, when. —
In all circuits composed of a single county which have more than four hundred thousand inhabitants, and in which there are two or more judges, when legal objection is made to the circuit judge assigned to try any case, the case shall be transferred to another division of the circuit court presided over by a different judge. Only one application shall be made by the same party in the same case, and shall be made as to only one of the judges of the court.
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(RSMo 1939 §§ 1072, 2121, 2229, 2314, 2324, A. 1949 H.B. 2118, A.L. 1951 p. 361, A.L. 1957 p. 294)
Prior revisions: 1929 §§ 921, 1959, 2127, 14616, 14626; 1919 §§ 1371, 2457, 2630; 1909 §§ 1941, 3976, 4163
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.130 - Application for disqualification of judge or change of venue — contents.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1957
508.130. Application for disqualification of judge or change of venue — contents. —
Any party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge or for a change of venue, and when he obtained his information and knowledge of the existence thereof; and he shall annex thereto an affidavit, made by himself, his agent or attorney, to the truth of the petition, and that affiant has just cause to believe that he cannot have a fair trial on account of the cause alleged. If the removal is asked because of objections to the inhabitants of the county, the application shall not include therein any other county than the one from which the change of venue is asked.
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(RSMo 1939 § 1061, A.L. 1957 p. 294)
Prior revisions: 1929 § 910; 1919 § 1360; 1909 § 1930
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.140 - After notice given, duty of court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1967
508.140. After notice given, duty of court. —
1. If reasonable notice has been given to the adverse party or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it is sufficient, the judge shall be disqualified or a change of venue shall be awarded to some county in the same, adjoining or next adjoining circuit, convenient to the parties for the trial of the case and where the causes complained of do not exist. One or more of several parties plaintiff or defendant may ask for the change of venue, and if the change is awarded the entire cause shall be removed, and there shall be no further change of venue awarded on the same side of the suit.
2. In all cases in counties in this state which have a population of more than sixty-five thousand inhabitants and wherein the removal is asked on the ground of objections to or prejudice of the inhabitants of the county and the adverse party has filed counter-affidavit controverting the objection to or the prejudice of the inhabitants of the county, the court shall hear evidence on the issue and determine the same on the merits of the evidence, and if the issue is determined in favor of the applicant for the change of venue, the change shall be awarded as herein provided.
3. This section does not apply to causes wherein a special venire has been issued, and in such case the party not applying for the special venire shall be granted a change of venue as of course, upon proper affidavit.
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(RSMo 1939 § 1062, A.L. 1957 p. 294, A.L. 1967 p. 651)
Prior revisions: 1929 § 911; 1919 § 1361; 1909 § 1931
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.150 - Written order for change in vacation.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.150. Written order for change in vacation. —
If any judge award such change of venue in vacation, he shall immediately transmit to the clerk of the court wherein the cause is pending the petition and affidavit, with a written order for the change of venue.
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(RSMo 1939 § 1063)
Prior revisions: 1929 § 912; 1919 § 1362; 1909 § 1932
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.160 - Pleadings to be made up before award of change of venue.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1957
508.160. Pleadings to be made up before award of change of venue. —
In all cases of application for a change of venue, all pleadings shall be filed and the issues made up before the entry awarding the change is made; but after the change of venue, any pleading found insufficient upon demurrer or otherwise may be amended as in other cases.
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(RSMo 1939 § 1064, A.L. 1957 p. 294)
Prior revisions: 1929 § 913; 1919 § 1363; 1909 § 1933
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.170 - After change, clerk to transmit record.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.170. After change, clerk to transmit record. —
When any such order shall be made by the court or judge, the clerk shall immediately make out a full transcript of the record and proceedings in the cause, including the petition and affidavit and order of removal, and transmit the same, duly certified, together with all the original papers filed in the cause, and not forming a part of the record, to the clerk of the court to which the removal is ordered, and for failure to do so shall forfeit one hundred dollars to the party aggrieved, to be recovered by civil action.
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(RSMo 1939 § 1065)
Prior revisions: 1929 § 914; 1919 § 1364; 1909 § 1934
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.180 - Clerk to file and docket cause when transmitted.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1949
508.180. Clerk to file and docket cause when transmitted. —
The clerk of the court to which such cause is certified shall file the same, and the cause shall be docketed, proceeded in and determined as if it had originated therein.
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(RSMo 1939 § 1066, A. 1949 H.B. 2118)
Prior revisions: 1929 § 915; 1919 § 1365; 1909 § 1935
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.190 - Party applying to pay costs, when — paid to which county — jury selection and service costs paid by county in which case originated.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 2001
508.190. Party applying to pay costs, when — paid to which county — jury selection and service costs paid by county in which case originated. —
1. All the costs and expenses attending any such change of venue, made on the application of either party, shall be taxed against and paid by the petitioner, and shall not be taxed in the costs of the suit; provided, however, that when the change of venue is sought on the grounds of the prejudice of the inhabitants of the county, and the application is controverted by the opposing party, the costs incurred by the opposing party in hearing and determining said application shall be taxed against and paid by the losing party to said application.
2. All court costs paid or payable with respect to any civil case in which venue is transferred which are to be distributed to the county in which the case is filed, shall be paid to the county to which the case is transferred. If any such court costs have been paid by a party prior to the order changing venue, such costs shall be paid by the treasurer of the county in which the case was originally filed, to the county to which the case is transferred.
3. All expenses of whatever nature incurred by a county as a result of jury selection and service pursuant to the provisions of chapter 494 shall be paid by the county in which the case was originally instituted to the county in which the case is actually tried, except when such case is transferred for improper venue.
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(RSMo 1939 § 1067, A.L. 1999 S.B. 1, et al., A.L. 2001 S.B. 267)
Prior revisions: 1929 § 916; 1919 § 1366; 1909 § 1936
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.240 - Failure of clerk to transmit, or loss of record, proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.240. Failure of clerk to transmit, or loss of record, proceedings. —
If any clerk fail to transmit the transcript and papers in any cause, the venue whereof has been changed, or if they be sent and lost, such loss or failure shall not operate as a discontinuance of such cause, but they may be filed at the next term of said court; or, if lost, copies of the original may be furnished and filed, and the cause shall proceed as if no such failure or loss had happened; provided, however, that the court or the judge granting any change of venue shall have the power to set aside and annul the order thereof, by consent of parties, at any time before such transcript and papers shall be actually filed in such other court.
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(RSMo 1939 § 1070)
Prior revisions: 1929 § 919; 1919 § 1369; 1909 § 1939
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.250 - Jurisdiction of court in cases removed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 28 Aug 1939
508.250. Jurisdiction of court in cases removed. —
The court to which any cause shall be transferred by change of venue shall have jurisdiction to hear and determine the same, and shall proceed to final judgment and execution therein; although such cause would not otherwise be cognizable in such court.
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(RSMo 1939 § 1071)
Prior revisions: 1929 § 920; 1919 § 1370; 1909 § 1940
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.300 - Change of venue from other counties.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 02 Jan 1979, see footnote
508.300. Change of venue from other counties. —
All causes in which a change of venue shall be awarded by the circuit court of any other county to the county of Cape Girardeau, the same may be certified and transferred to the circuit court of Cape Girardeau County at Jackson, or to the circuit court of Cape Girardeau County at Cape Girardeau, as may be directed by the court granting the change of venue, or by consent of parties, and whichever court shall receive the said cause shall have jurisdiction to hear and determine the same.
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(RSMo 1939 § 2349, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14520; 1919 § 13698; 1909 § 4247
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.310 - Further causes for change of venue.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 02 Jan 1979, see footnote
508.310. Further causes for change of venue. —
Changes of venue may be awarded in civil cases pending in the circuit court of Cape Girardeau County at Cape Girardeau for the following causes:
(1) That the inhabitants of the city of Cape Girardeau are prejudiced against the applicant;
(2) That the opposite party has an undue influence over the inhabitants of said city; provided, that in such cases a change of venue shall be awarded to the circuit court of Cape Girardeau County at Jackson.
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(RSMo 1939 § 2350, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14521; 1919 § 13699; 1909 § 4248
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.320 - Change of venue from district No. 2 of Marion County circuit court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
• Effective - 02 Jan 1979, see footnote
508.320. Change of venue from district No. 2 of Marion County circuit court. —
1. Any case which may be pending in district number 2 of the circuit court of Marion County, Missouri, may be removed by change of venue for the following causes:
(1) That the inhabitants of Mason and Miller townships, Marion County, Missouri, are prejudiced against the applicant;
(2) That the opposite party has an undue influence over the inhabitants of said townships.
2. The change of venue may be awarded to any circuit court, including district number 1 of the circuit court of Marion County, Missouri, in the same manner that changes are taken from other circuit courts, and the court to which such cause may be removed shall have power and jurisdiction to dispose of the same as in causes taken by change of venue from circuit courts.
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(RSMo 1939 § 2431, A.L. 1967 p. 661, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14559; 1919 § 13738; 1909 § 4287
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.330 - Change of venue to district No. 2 of Marion County circuit court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
• Effective - 02 Jan 1979, see footnote
508.330. Change of venue to district No. 2 of Marion County circuit court. —
1. Except as otherwise specially provided by law, changes of venue in either civil or criminal cases may be awarded by any circuit court, including district number 1 of the circuit court of Marion County, Missouri, to district number 2 of the circuit court of Marion County, Missouri. Such changes of venue awarded by district number 1 of the circuit court of Marion County, Missouri, may be awarded for the following causes:
(1) That the inhabitants of all townships outside of Mason and Miller townships in Marion County, Missouri, are prejudiced against the applicant;
(2) That the opposite party has an undue influence over the inhabitants of Marion County, Missouri, outside of the townships of Mason and Miller.
2. When such change of venue is allowed from said district number 1 of circuit court of Marion County, Missouri, the cause shall be certified and transferred as provided by law for changes of venue from other circuit courts, and the court to which said cause is so transferred including district number 2 of the circuit court of Marion County, Missouri, shall have power and jurisdiction to dispose of the same as is provided by law in other cases of change of venue.
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(RSMo 1939 § 2432, A.L. 1967 p. 661, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14560; 1919 § 13739; 1909 § 4288
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 508 - Venue and Change of Venue › Section 508.340 - Change of venue from Marion County when people are prejudiced.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 508
Effective - 02 Jan 1979, see footnote
508.340. Change of venue from Marion County when people are prejudiced. —
Notwithstanding the provisions of sections 508.320 and 508.330, if, in any civil or criminal case pending in districts 1 or 2 of the circuit court of Marion County, the application for change of venue alleges that the inhabitants of Marion County are prejudiced against the applicant, or that the opposite party has an undue influence over the inhabitants of Marion County, then such change of venue may be awarded to any circuit court, outside of Marion county, in the same, adjoining or next adjoining circuit where the causes complained of do not exist, and the court to which said cause is so transferred shall have power and jurisdiction to dispose of the same as is provided by law in other cases of change of venue.
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(L. 1967 p. 661, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.010 - Shall be petition and answer — reply if answer contains counterclaim.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 32)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.020 - Caption of pleading — what set forth.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 33)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.030 - Pleading attributed to, by whom — declaration.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1997
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.
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(L. 1943 p. 353 § 34, A.L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.040 - Technical forms not required in pleading.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 35)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 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.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1993
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.
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(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
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.060 - Joinder of claims.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 37)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.070 - Two claims may be joined in a single action, when — court shall grant relief, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 38)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.080 - Defenses — form of denials.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 39)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.090 - Affirmative defenses.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 40)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.100 - Failure to deny, effect.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 41)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.110 - Pleading in alternative — consistency.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 42)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.120 - Averments, how made.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 43)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.130 - Adoption of statements by reference — exhibits.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 44)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.140 - Averments as to capacity or authority of parties to sue or be sued.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 45)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.150 - Partnership deemed confessed, unless denied.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 46)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.160 - Particularity required in all averments of fraud or mistake.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 47)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.170 - Conditions precedent — how pleaded.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 48)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.180 - Official documents or acts, form of pleading.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 49)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.190 - Judgments and decisions, form of pleading.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 50)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.200 - Claims of items of special damage shall be specifically stated.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 52)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.210 - Libel and slander, averments — defenses.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 53)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.220 - Private statutes, averments — laws of other states — judicial notice.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 54)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.230 - Pleading written instrument.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 55)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.240 - Execution of written instrument deemed confessed, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 56)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.250 - Pleadings, how construed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
509.250. Pleadings, how construed. —
All pleadings shall be so construed as to do substantial justice.
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(L. 1943 p. 353 § 57)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.260 - Time of pleading.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 58)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.270 - Demurrers and pleas in abatement and to the jurisdiction shall not be used.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 59)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.280 - Motions, form of.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 60)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.290 - Objections which may be raised by motions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 61)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.300 - Failure to state a claim or defense, raised on motion, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 62)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.310 - Motion for more definite statement or for a bill of particulars.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 63)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.320 - Matter which party may move to strike out.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 64)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.330 - Time allowed for making motions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 65)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.340 - Consolidation of motions — waiver of objections — exceptions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
• Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 66)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.350 - Motion searches record.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 67)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.360 - Motion for judgment on pleadings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 68)
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 509 - Pleadings › Section 509.370 - Time for hearing of motions.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509
Effective - 28 Aug 1943
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.
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(L. 1943 p. 353 § 69)