Missouri Revised Statutes

Mo. Rev. Stat. § 509.290 (2026)

Objections which may be raised by motions

✓ current as of May 2026

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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)

Notes of Decisions

Cited in 42 cases, 1952–2018 · leading case: State Ex Rel. White v. Marsh, 646 S.W.2d 357 (Mo. 1983).

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State Ex Rel. White v. Marsh, 646 S.W.2d 357 (Mo. 1983). · cites it 6× “506-512, RSMo 1949) borrowed heavily from the Federal Rules and §§ 509.290 and 506.060, RSMo 1959 are for present purposes indistinguishable from Federal Rules 12(b) and 6(b).”

Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 8× “Section 509.290 sets out a number of specific objections which may be raised by motion and also provides for "other matters".”

Pogue v. Smallen, 285 S.W.2d 915 (Mo. 1956). · cites it 8× “If the defendant is entitled to raise these matters ¡by motion pursuant to Section 509.290, it is by virtue of the phrase “and other matters.”

McLaughlin v. Neiger, 286 S.W.2d 380 (Mo. Ct. App. 1956). · cites it 6× “Section 509.290 is authority for the use of a motion to dismiss for the purpose of objecting to plaintiff’s legal capacity to sue whether or not the objection appears from the pleadings and other papers filed in the cause.”

Shelter Mut. Ins. Co. v. Marquis, 110 S.W.3d 839 (Mo. Ct. App. 2003). · cites it 7× “In its first point, Shelter contends Marquis’s motion to dismiss failed to assert grounds within the purview of Section 509.290 RSMo 2000 in that it does not allow for motions to dismiss on the grounds that identical issues are involved in another action pending in another state.”

Agnew v. Union Constr. Co., 291 S.W.2d 106 (Mo. 1956). · cites it 6× ““ ‘Wherefore, it is ordered and adjudged by the Court that plaintiff’s petition be and the same is hereby dismissed and that plaintiff recover nothing, from the defendant * * Section 509.290 1 provides: “1. The following objections arid' other matters may Be.”

Knight v. Calvert Fire Ins. Co., 268 S.W.2d 53 (Mo. Ct. App. 1954). · cites it 7× “" If so, it is by virtue of Section 509.290, RSMo 1949, V.A.M.S. Not being one of the ten enumerated “objections” in the section, the authority for the admission of such evidence must be found, if at all, in the'phrase “and other matters”; otherwise, the defense must be raised…”

Se-Ma-No Elec. Coop. v. City of Mansfield, 321 S.W.2d 723 (Mo. Ct. App. 1959). · cites it 6× “Section 509.290, RSMo 1949, V.A.M.S. They could also have pleaded it by answer.”

Reis v. La Presto, 324 S.W.2d 648 (Mo. 1959). · cites it 3× “The trial court sustained motions to dismiss the petition for the reason that the allegations of fact were “insufficient to constitute a cause of action in law or in equity and for the further reason that the matters complained of are by the allegations of the petition res…”

Durwood v. Dubinsky, 291 S.W.2d 909 (Mo. 1956). · cites it 4× “Section 509.290 specifies that objections to jurisdiction and improper venue may be raised by motion, and Section 509.”

Roberts v. Epicure Foods Co., 330 S.W.2d 837 (Mo. 1960). · cites it 4× “” Section 509.290 sets out ten objections which are specifically authorized to be raised by motion.”

Chaney v. Cooper, 954 S.W.2d 510 (Mo. Ct. App. 1997). · cites it 2× “” § 509.290(8), RSMo 1994 (emphasis added).”

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— Mo. Rev. Stat. § 509.290(8) — 4 cases

Chaney v. Cooper, 954 S.W.2d 510 (Mo. Ct. App. 1997). “” § 509.290(8), RSMo 1994 (emphasis added).”

Linn v. Moffitt, 73 S.W.3d 629 (Mo. Ct. App. 2002).

Shelter Mut. Ins. Co. v. Marquis, 110 S.W.3d 839 (Mo. Ct. App. 2003). “In its first point, Shelter contends Marquis’s motion to dismiss failed to assert grounds within the purview of Section 509.290 RSMo 2000 in that it does not allow for motions to dismiss on the grounds that identical issues are involved in another action pending in another state.”

Lilly v. Polsinelli, PC, 552 S.W.3d 562 (Mo. Ct. App. 2018).

— Mo. Rev. Stat. § 509.290(9) — 1 case

Smith v. Smith, 299 S.W.2d 32 (Mo. Ct. App. 1957).

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