Mo. Rev. Stat. » Chapter 512
Missouri Revised Statutes

Mo. Rev. Stat. § 512.290 (2026)

No setoff or counterclaim to be pleaded in trial de novo, when

✓ current as of May 2026
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  512.290.  No setoff or counterclaim to be pleaded in trial de novo, when. — In cases wherein the summons shall be personally served on the defendant, no setoff nor counterclaim shall be pleaded in the trial de novo proceedings that was not pleaded before the associate circuit judge.

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(RSMo 1939 § 2745, A.L. 1945 p. 765 § 140, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2359; 1919 § 2909; 1909 § 7586

Effective 1-02-79

Notes of Decisions
Cited in 7 cases, 1960–1986 · leading case: Knight v. M.H. Siegfried Real Est., Inc..
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Knight v. M.H. Siegfried Real Est., Inc. (Mo. Ct. App. 1982). · cites it 3× “Section 512.290 RSMo 1969 (repealed). There is no authority directly ruling on the word “mature” as it is used in the Rule.”
Rockwell Int'l, Inc. v. Westport Off. Equip. (Mo. Ct. App. 1980). · cites it 4× “” In addition, § 512.290, RSMo 1969, the then applicable statute, provides: “In cases wherein the summons shall be personally served on the defendant, no set-off nor counterclaim shall be pleaded in the appellate court that was not pleaded before the magistrate.”
McClellan v. Sam Schwartz Pontiac, Inc. (Mo. 1960). · cites it 2× “It is also provided that “The same cause of action, and no other, that was tried before the magistrate, shall be tried before the appellate court upon the appeal * * ⅜.” Section 512.”
Tower Mgmt., Inc. v. Henry (Mo. Ct. App. 1984). · cites it 2× “The trial court did not rule the case on any failure of appellants to plead the counterclaim first in associate circuit court as required by § 512.290, RSMo [amended by L.1978, p. 696, § A (§ 1), eff.”
Aubuchon v. Ayers (Mo. Ct. App. 1966). · cites it 2× “280, § 512.290, § 512.310, all of which, except § 512.”
State ex rel. Royal Globe Ins. Co. v. Swink (Mo. Ct. App. 1971). “See § 512.290. Royal Globe also moved to strike Boren’s interrogatories, contending discovery proceedings cannot he used in the magistrate court and since the circuit court’s jurisdiction is derivative, are not available to Boren there.”
Miller v. Moser (Mo. Ct. App. 1986). · cites it 6× “The judgment also dismissed “defendant’s counterclaim without prejudice as it is a counterclaim that could not be prosecuted in the small claims case since the defendant is the assignee of the claim and § 512.290 1 prohibits the counterclaim from being pleaded in the trial de…”
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