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Missouri Revised Statutes

Mo. Rev. Stat. § 509.050 (2026)

Pleading, setting forth claim for relief, contents

✓ current as of May 2026
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  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.  

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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

Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1952–2021 · leading case: Stewart v. Sturms, 784 S.W.2d 257 (Mo. Ct. App. 1989).
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Stewart v. Sturms, 784 S.W.2d 257 (Mo. Ct. App. 1989). · cites it 26× “At that time, § 509.050 RSMo 1978 and parallel Rule 55.”
Smith v. City of St. Louis, 409 S.W.3d 404 (Mo. Ct. App. 2013). · cites it 2× “1986); see also Section 509.050. In Macke, the court determined that the facts alleged in the petition were sufficient to state a claim for malicious prosecution, despite the petition’s failure to expressly include a separate count alleging malicious prosecution.”
Jacobs v. Jacobs, 272 S.W.2d 185 (Mo. 1954). · cites it 3× “” Section 509.050 RSMo 1949, V.A.M.S. While no particular kind of trust is mentioned in the petition cases dealing with resulting trusts are cited in support of appellant’s contention that his petition is sufficient.”
Domijan v. Harp, 340 S.W.2d 728 (Mo. 1960). · cites it 2× “Plaintiff answers that he did plead, as a factual allegation, that defendants could have seen deceased in time to have avoided her, had they been in the exercise of the highest degree of care; and, arguendo, that it was not necessary to label this factual averment, hut only to…”
Alarcon v. Dickerson, 719 S.W.2d 458 (Mo. Ct. App. 1986). · cites it 2× “The facts stated in the petition are broad enough to state an action for money had and received. It is after all the facts stated in the petition, along with the relief sought, which under our system of code pleading are to be looked at to determine plaintiff's theory, rather…”
LaRose v. Letterman, 890 S.W.2d 347 (Mo. Ct. App. 1994). · cites it 2× “At the time Plaintiff’s petition was filed, § 509.050 RSMo and Rule 55.05 provided, in part: "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.”
Smith v. Taylor, 289 S.W.2d 134 (Mo. Ct. App. 1956). · cites it 3× “’ Appellants have thus correctly stated a principle of law and have cited cases which support said principle; * Under Section 509.050 RSMo 1949, V.A. M.S. (New Civil Code) it is provided: “A pleading which sets forth a claim for relief, * * * shall contain a short and plain…”
Schroeder v. Prince Charles, Inc., 427 S.W.2d 414 (Mo. 1968). · cites it 2× “Such allegations are not mere conclusions and are sufficient to plead a cause of action for contract damages under Section 509.050, V.A.M.S., i. e., a contract, a breach, and resulting damage.”
Bryant v. Price, 893 S.W.2d 856 (Mo. Ct. App. 1995). · cites it 2× “05 2 and § 509.050, RSMo Supp.1992, require that a pleading contain a short and plain statement of facts showing that the pleader is entitled to relief.”
Layton v. Pendleton, 864 S.W.2d 937 (Mo. Ct. App. 1993). · cites it 2× “Mo.Rev.Stat. § 509.050 (1987) provides that a pleading which sets forth a claim for relief shall contain “a short and plain statement of the facts showing the pleader is entitled to relief.”
Harrison v. Weisbrod, 358 S.W.2d 277 (Mo. Ct. App. 1962). · cites it 3× “ngful death is in existence; that since there was no cause of action in existence against Harry Bess for the wrongful death of David Harrison at the time Bess died, the administrator of *287 David Harrison’s estate had no cause of action against the administrator of Harry Bess;…”
Hutchins v. Priddy, 103 F. Supp. 601 (W.D. Mo. 1952). · cites it 2× “Those trwo factors are to be considered as constituting a single claim under Section 509.050, supra. Cf. Original Ballet Russe v.”
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