Missouri Revised Statutes

Mo. Rev. Stat. § 510.261 (2026)

Punitive damages, restrictions on award of

✓ current as of May 2026

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510.261. Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.

2. Punitive damages may only be recovered if the trier of fact awards more than nominal damages or if the claim or claims for which nominal damages are solely awarded invoke privacy rights, property rights, or rights protected by the Constitution of the United States or the Constitution of the state of Missouri.

3. Punitive damages can properly be awarded against an employer or other principal because of an act by an agent if, but only if:

(1) The principal or a managerial agent of the principal authorized the doing and the manner of the act;

(2) The agent was unfit and the principal or a managerial agent of the principal was reckless in employing or retaining him or her;

(3) The agent was employed in a managerial capacity and was acting in the scope of employment; or

(4) The principal or a managerial agent of the principal ratified or approved the act.

4. When an employer admits liability for the actions of an agent in a claim for compensatory damages, the court shall grant limited discovery consisting only of employment records and documents or information related to the agent's qualifications.

5. No initial pleading in a civil action shall contain a claim for a punitive damage award. Any later pleading containing a claim for a punitive damage award may be filed only with leave of the court. A trial court may grant leave to file such a pleading only on written motion by the claimant, filed no later than one hundred twenty days prior to the final pretrial conference in the case or, if there is no scheduled pretrial conference, one hundred twenty days prior to the date set for trial, that is supported by affidavits, exhibits, or discovery materials establishing a reasonable basis for recovery of punitive damages. Any party opposing leave may file affidavits, exhibits, or discovery materials demonstrating that the standards for a punitive damage award pursuant to this section have not been established. If the trial court concludes, following its review of all materials submitted in connection with the motion, that based on the evidence to be admitted at trial a trier of fact could reasonably conclude, based on clear and convincing evidence, that the standards for a punitive damage award contained in this section have been met, the court shall grant leave to file the pleading seeking a punitive damage award. The court shall rule on a motion for leave to file a pleading seeking punitive damages no later than forty-five days after a hearing on the motion or, if no hearing is held on the motion, after the party opposing the motion has filed its response to the motion. The responsive pleading shall be limited to responding to the newly amended punitive damages claim.

6. The amount of punitive damages shall not be based, in whole or in part, on harm to nonparties.

7. No judgment that includes a punitive damage award shall be entered in any civil action in any court of this state, or in any court in which claims are asserted based on the constitution, statutes, or common law of this state, unless the requirements and procedures for a punitive damage award contained in this section and sections 510.263 and 537.675 are met.

8. Except to the extent that they are expressly inconsistent with this section, all common law limitations on punitive damages and all limitations on the recovery of punitive damages contained in other sections of the laws of this state remain in full force and effect.

9. As used in this section, the term "punitive damage award" means an award for punitive or exemplary damages or an award for aggravating circumstances.

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(L. 2020 S.B. 591)

CROSS REFERENCE:

Applicability of statute changes for cases filed after August 28, 2020, 510.262

Notes of Decisions

Cited in 36 cases (36 in the last 5 years), 2021–2026 · leading case: Elaine Largent, Relator v. The Honorable Daniel Pelikan (Mo. Ct. App. 2021).

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Elaine Largent, Relator v. The Honorable Daniel Pelikan (Mo. Ct. App. 2021). · cites it 18× “Defendants opposed Relator’s motion for leave, and, after a hearing, the trial court entered an order denying the motion as follows: Pursuant to Mo. Rev. Stat. § 510.261 the Court finds that based upon its review of the pleadings, supporting documentation and exhibits, and the…”

Munroe v. Gilster-Mary Lee Corp. (E.D. Mo. 2023). · cites it 14× “Defendant, apparently anticipating plaintiff’s invocation of the exception, also moves to strike plaintiff’s punitive damages allegations pursuant to a relatively new Missouri statute, Section 510.261 RSMo. That statute prohibits plaintiffs from including punitive damages claims…”

Hillmann v. Gree USA, Inc. (E.D. Mo. 2024). · cites it 14× “See Mo. Rev. Stat. § 510.261 (5). After reviewing the briefing, the Court ordered supplemental briefing on whether Federal Rule of Civil Procedure 15 or Mo.”

Gaydos v. Gully Transp., Inc. (E.D. Mo. 2021). · cites it 13× “Any later pleading containing a claim for a punitive damage award may be filed only with leave of the court.” Defendants argue that Plaintiff may only assert a claim for punitive damage after obtaining the Court’s leave pursuant to the process set forth in Section 510.”

Abbott (W.D. Mo. 2026). · cites it 12× “Gully Transportation, Inc., No. 4:21-CV-388-SPM, 2021 WL 4963523 , at *2 (E.”

David Steele v. Johnson Controls, Inc. (Mo. Ct. App. 2023). · cites it 11× “21 In Points V and VI, JCI asserts the trial court’s punitive damages award must be set aside due to a lack of compliance with section 510.261, which became effective August 28, 2020.”

Racket Merch. Co. v. 718 Grand, LLC, U.S. Prop., Inc. & Power & Light Props., LLC (Mo. Ct. App. 2025). · cites it 9× “The only ground raised in their objections to the instructions and in their motion for new trial was that the standard as revised in section 510.261, RSMo Cum. Supp. 2020, should have been used in the instructions instead of the conscious disregard standard.”

Anderson v. Philip Morris USA Inc. (E.D. Mo. 2021). · cites it 8× “Defendant moved to strike that request, arguing that it is improper under Mo. Rev. Stat. § 510.261 (5). Doc. [12] ¶ 5.”

Kilburn v. Autosport Acquisitions, LLC (E.D. Mo. 2021). · cites it 7× “” Mo. Rev. Stat. § 510.261 (5). Plaintiff’s Petition was filed on September 4, 2020.”

Holt v. Scotland Cnty. Juv. Off. (E.D. Mo. 2021). · cites it 7× “31), and Defendant Scotland County Juvenile Office’s Motion to Dismiss (ECF No. 38). These matters are fully briefed and ready for disposition.”

Davis v. ALS Express Trucking, Inc. (E.D. Mo. 2022). · cites it 7× “Any later pleading containing a claim for a punitive damage award may be filed only with leave of the court.”1 Defendant argues that the requirements of the statute are substantive, not procedural, and therefore apply to this diversity action.”

Reyna Hotel Corp. v. Lotus Hosp. Mgmt., LLC (Mo. Ct. App. 2025). · cites it 6× “Section 510.261 went into effect on August 28, 2020, and provides: “Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause…”

Show all 36 citing cases →

— Mo. Rev. Stat. § 510.261(1) — 1 case

James v. Moore (E.D. Mo. 2025).

— Mo. Rev. Stat. § 510.261(5) — 13 cases

Kilburn v. Autosport Acquisitions, LLC (E.D. Mo. 2021). “” Mo. Rev. Stat. § 510.261 (5). Plaintiff’s Petition was filed on September 4, 2020.”

Gaydos v. Gully Transp., Inc. (E.D. Mo. 2021). “Any later pleading containing a claim for a punitive damage award may be filed only with leave of the court.” Defendants argue that Plaintiff may only assert a claim for punitive damage after obtaining the Court’s leave pursuant to the process set forth in Section 510.”

Ryan v. United Recovery & Remarketing, LLC (E.D. Mo. 2022).

Anderson v. Philip Morris USA Inc. (E.D. Mo. 2021). “Defendant moved to strike that request, arguing that it is improper under Mo. Rev. Stat. § 510.261 (5). Doc. [12] ¶ 5.”

Bartek v. Lawrence (E.D. Mo. 2021).

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