Missouri Revised Statutes

Mo. Rev. Stat. § 509.100 (2026)

Failure to deny, effect

✓ current as of May 2026

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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)

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1954–2022 · leading case: Smyth v. City of St. Joseph, 297 S.W.2d 578 (Mo. Ct. App. 1956).

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Smyth v. City of St. Joseph, 297 S.W.2d 578 (Mo. Ct. App. 1956). · cites it 6× “090 and Section 509.100 must be reconciled with the above sections and construed together.”

Crystal Tire Co. v. Home Serv. Oil Co., 465 S.W.2d 531 (Mo. 1971). · cites it 3× “on for judgment on the pleadings against defendant Home Service Oil Company with respect to the liability of said defendant * * * for the reason that defendant Home Service Oil Company had filed no responsible pleading denying the averments in plaintiff’s pleading as required by…”

Pulaski Bank v. C.W. Holdings, LLC, 488 S.W.3d 221 (Mo. Ct. App. 2016). · cites it 6× “010, 2 resulted in the claims contained therein being deemed admitted pursuant to Section 509.100; The C.W. 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…”

Barr v. Snyder, 294 S.W.2d 4 (Mo. 1956). · cites it 3× “Section 509.100 RSMo 1949, V.A.M.S. In this situation it has repeatedly been held that in order to obtain the benefit of the statute of frauds it is necessary to direct the trial court’s attention to the statute by objection to the introduction of evidence, or possibly by…”

Jaycox v. Brune, 434 S.W.2d 539 (Mo. 1968). · cites it 2× “11 (§ 509.100) provides that averments in a pleading to which a responsive pleading is not filed and is not required “shall be taken as denied or avoided,” but it would seem most unrealistic to require a defendant who had pleaded a release to anticipate and meet an “avoidance”…”

State Ex Rel. State High. Comm'n v. Schwabe, 335 S.W.2d 15 (Mo. 1960). · cites it 2× “Be that as it may, however, RSMo 1949, Section 509.100, V.A.M.S., provides in part, “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.”

Kinsella v. Gibson, 307 S.W.2d 491 (Mo. 1957). “§ 509.100), there was no motion for judgment on the pleadings (McIntosh v.”

Pulaski Bank v. C.W. Holdings, LLC (Mo. Ct. App. 2016). · cites it 4× “010,2 resulted in the claims contained therein being deemed admitted pursuant to Section 509.100. The C.W. defendants aver that such admissions raised a genuine issue of inaterial fact about Ptllasl i’s "rights in the inatter,” a genuine issue which needed to be disposed of…”

In the Interest of: B.K.B. v. Juv. Officer (Mo. Ct. App. 2022). · cites it 4× “) See also § 509.100, RSMo (same); Hertzog v. City of Greenwood, 944 S.”

Linder v. White River Valley Elec. Co-op., 270 S.W.2d 414 (Mo. Ct. App. 1954). · cites it 3× “To support this contention defendant cites Section 509.100 RSMo 1949, V.A.M.S., which reads: “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.”

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