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Missouri Revised Statutes

Mo. Rev. Stat. § 509.400 (2026)

Defenses which may be raised by pleading

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  509.400.  Defenses which may be raised by pleading — waiver. — All defenses and objections for which there is no provision for the raising of the same by motion shall be raised in the responsive pleading if one is permitted.  When no responsive pleading is required the case shall be deemed at issue.  If a responsive pleading is required all defenses or objections not raised therein are waived, 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.  All issues of fact raised or deemed to be raised shall be determined at the trial.

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(L. 1943 p. 353 § 72)

Notes of Decisions
Cited in 13 cases, 1953–1960 · leading case: Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
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Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 8× “" Section 509.400 provides that all defenses and objections for which there is no provision for raising by motion shall be raised in the responsive pleading and further provides that: "If a responsive pleading is required all defenses or objections not raised therein are waived,…”
Se-Ma-No Elec. Coop. v. City of Mansfield, 321 S.W.2d 723 (Mo. Ct. App. 1959). · cites it 4× “Section 509.400. It has been so held. Hamilton v.”
Agnew v. Union Constr. Co., 291 S.W.2d 106 (Mo. 1956). · cites it 3× “If a responsive pleading is required all defenses or objections not raised therein are waived,” except failure to state a claim or failure to state a legal defense and except jurisdiction over the subject matter.”
Leslie v. Mathewson, 257 S.W.2d 394 (Mo. Ct. App. 1953). · cites it 3× “' * * *" Section 509.400 RSMo 1949, V.A.M.S., provides that all defenses or objections not raised are waived except a failure to state a claim upon which relief can be granted.”
Dugan v. Trout, 271 S.W.2d 593 (Mo. Ct. App. 1954). · cites it 2× “090 provides that waiver or “any other matter constituting an avoidance or affirmative defense” shall be set forth affirmatively "in pleading to a preceding pleading,” any affirmative matter by which defendant seeks to defeat plaintiff’s recovery should be pleaded in the answer,…”
Knight v. Calvert Fire Ins. Co., 268 S.W.2d 53 (Mo. Ct. App. 1954). · cites it 3× “" If so, it is by virtue of Section 509.290, RSMo 1949, V.”
Roberts v. Epicure Foods Co., 330 S.W.2d 837 (Mo. 1960). · cites it 2× “290 sets out ten objections which are specifically authorized to be raised by motion.”
Pogue v. Smallen, 285 S.W.2d 915 (Mo. 1956). · cites it 2× “The doctrine of judicial notice as applied to pleadings would not authorize a court to incorporate into the petition allegations of fact improperly set out in a motion, and then hold that the petition on its face does not state a cause of action.”
Koch v. Bd. of Regents, Etc, 265 S.W.2d 421 (Mo. Ct. App. 1954). · cites it 2× “Section 509.400 states that all defenses and objections for which there is no provision for raising of the same by motion shall be raised in the responsive pleading, if one is permitted.”
Smyth v. City of St. Joseph, 297 S.W.2d 578 (Mo. Ct. App. 1956). · cites it 2× “Section 509.400 provides that all defenses or objections for which there is no provision to raise by motion must be raised by a responsive pleading if one is permitted; that when no responsive pleading is required, the case shall be deemed at issue.”
Darr v. Darr, 287 S.W.2d 118 (Mo. Ct. App. 1956). · cites it 2× “140], Marie then waived any such objection [Section 509.400], if it had not been irrevocably waived theretofore.”
Erhart v. Todd, 325 S.W.2d 750 (Mo. 1959). “340, § 509.400, Sup.Ct.R. 3.23). The record discloses that plaintiff’s answer to defendant’s cross-bill invoked action by the court on the sufficiency of defendant’s cross-bill to state a claim for equitable relief; and the entry of November 15th, when read as a whole, shows…”
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