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Missouri Revised Statutes

Mo. Rev. Stat. § 509.340 (2026)

Consolidation of motions

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  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)

Notes of Decisions
Cited in 18 cases, 1952–1982 · leading case: Crouch v. Crouch, 641 S.W.2d 86 (Mo. 1982).
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Crouch v. Crouch, 641 S.W.2d 86 (Mo. 1982). · cites it 4× “The Court then considered the issue of waiver under § 509.340, RSMo 1949, the precursor of present Rule 55.”
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 6× “After providing for the consolidation of motions, section 509.340 *682 states: "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.”
Casper v. Lee, 245 S.W.2d 132 (Mo. 1952). · cites it 3× “1949, § 509.340, V.A.M.S., a party waives all objections available to him by failure to assert the same by timely motion "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…”
Durwood v. Dubinsky, 291 S.W.2d 909 (Mo. 1956). · cites it 4× “They now contend that they did not enter a general appearance and thereby subject themselves to the jurisdiction of the court to permit the judgment entered against them on what was later denominated as counts II, III and IV of the amended petition.”
State ex rel. Boll v. Weinstein, 295 S.W.2d 62 (Mo. 1956). · cites it 2× “The plaintiff there contended, as relator does here, that any objection to improper venue had been waived by the failure to file such a motion within 30 days after service, under § 509.340 (all statutory references herein are to RSMo 1949, V.”
Greenwood v. Schnake, 396 S.W.2d 723 (Mo. 1965). · cites it 3× “-37; § 509.340, and a motion raising this objection may be filed simultaneously with pleadings, Civil Rule 55.”
Bradley v. Bradley, 295 S.W.2d 592 (Mo. Ct. App. 1956). · cites it 3× “Section 509.340 RSMo 1949, V.A.M.S. It is, therefore, ordered that 1.”
State ex rel. Ballew v. Hawkins, 361 S.W.2d 852 (Mo. Ct. App. 1962). · cites it 2× “(§ 509.340 VA.M.S.). And under Civil Rule 55.”
Roberts v. Epicure Foods Co., 330 S.W.2d 837 (Mo. 1960). · cites it 2× “Among other reasons, he points out that section 509.340 provides that (except certain matters not here material) “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.”
Rakestraw v. Norris, 478 S.W.2d 409 (Mo. Ct. App. 1972). “Plaintiff cites § 509.340 (now Rule 55.37), Jones v. Church, Mo.”
Darr v. Darr, 287 S.W.2d 118 (Mo. Ct. App. 1956). · cites it 2× “) The provisions of Section 509.340 indicate that an objection predicated on plaintiff’s want of legal capacity to sue, which does not go to the jurisdiction of the court to try the case but raises only a question of procedure [Crowl v.”
Lamb v. New York Life Ins. Co., 377 S.W.2d 148 (Mo. Ct. App. 1964). · cites it 3× “Defendant failed to raise this point in the trial court by either motion or answer, nor did it raise it in its motion for a new trial.”
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