Missouri Revised Statutes
Mo. Rev. Stat. § 509.010 (2026)
Shall be petition and answer
✓ current as of May 2026
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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)
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1951–2022 · leading case: Pulaski Bank v. C.W. Holdings, LLC, 488 S.W.3d 221 (Mo. Ct. App. 2016).
Pulaski Bank v. C.W. Holdings, LLC, 488 S.W.3d 221 (Mo. Ct. App. 2016). “defendants aver that such admissions raised a genuine issue of material fact about Pulaski’s “rights in- the matter,” a genuine issue which needed to be disposed of before summary judgment could properly be entered.”
Barr v. Snyder, 294 S.W.2d 4 (Mo. 1956). “We do not need to determine if she should have done so pursuant to Section 509.010 RSMo 1949, V.A.M.S., but we shall consider the pleadings as though no reply was required.”
Jaycox v. Brune, 434 S.W.2d 539 (Mo. 1968). “01 (§ 509.010) does not expressly require a reply except to “a counterclaim denominated as such,” and it provides that the Court may order a reply.”
Keller v. Keklikian, 244 S.W.2d 1001 (Mo. 1951). “420 to file his compulsory counterclaim at any time prior to the filing of one of the pleadings enumerated in Section 509.010. And again, in the absence of any other factor, it may be assumed, as a general rule, that he had that right.”
Carl v. Carl, 284 S.W.2d 41 (Mo. Ct. App. 1955). “30, Section 509.010 RSMo 1949, V.A.M.S. It is essential to the '.”
Meinecke v. Stallsworth, 483 S.W.2d 633 (Mo. Ct. App. 1972). “Section 509.010 RSMo; Rule *636 55.01, Rules of Civil Procedure; Hillhouse v.”
Hillhouse v. City of Aurora, 316 S.W.2d 883 (Mo. Ct. App. 1958). “Section 509.010, RSMo 1949, V.A.M.S.; George F.”
State Ex Rel. State High. Comm'n v. Schwabe, 335 S.W.2d 15 (Mo. 1960). “RSMo 1949, Section 509.010, V.A.M.S. It is probable that the contention that admittedly a right-of-way agent exceeded his authority in agreeing to a particular condition in a deed is an affirmative defense and that it must have been specifically pleaded, and that the burden of…”
Bailey v. Bailey, 317 S.W.2d 630 (Mo. Ct. App. 1958). “ints relied on by her, contends that the evidence of indignities offered by the plaintiff, while properly admissible in support of plaintiff’s petition for divorce, were not admissible nor to be considered by the trial court as matters of defense to defendant’s cross bill,…”
Smyth v. City of St. Joseph, 297 S.W.2d 578 (Mo. Ct. App. 1956). “Section 509.010 RSMo 1949, V.A.M.S., which sets forth what pleadings there shall be under the Code of Civil Procedure, makes no provision for a reply, except where the answer contains a counterclaim, denominated as such, and except when a reply to an answer, or to a third party…”
Hodgson v. Pixlee, 272 S.W.2d 222 (Mo. 1954). “Section 509.010 RSMo 1949, V.A.M.S., provides there shall be a petition and answer; and there shall be a reply, if the answer contains a counterclaim.”
George F. Robertson Plastering Co. v. Magidson, 271 S.W.2d 538 (Mo. 1954). “(Sections 509.010 and 509.400, statutory references are to RSMo and V.”
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