Effective - 28 Aug 1943
509.090. Affirmative defenses. — In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, truth in defamation, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleadings as if there had been a proper designation.
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(L. 1943 p. 353 § 40)
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Section 509.010 - Shall be petition and answer — reply if answer contains counterclaim.
Section 509.020 - Caption of pleading — what set forth.
Section 509.030 - Pleading attributed to, by whom — declaration.
Section 509.040 - Technical forms not required in pleading.
Section 509.060 - Joinder of claims.
Section 509.080 - Defenses — form of denials.
Section 509.090 - Affirmative defenses.
Section 509.100 - Failure to deny, effect.
Section 509.110 - Pleading in alternative — consistency.
Section 509.120 - Averments, how made.
Section 509.130 - Adoption of statements by reference — exhibits.
Section 509.140 - Averments as to capacity or authority of parties to sue or be sued.
Section 509.150 - Partnership deemed confessed, unless denied.
Section 509.160 - Particularity required in all averments of fraud or mistake.
Section 509.170 - Conditions precedent — how pleaded.
Section 509.180 - Official documents or acts, form of pleading.
Section 509.190 - Judgments and decisions, form of pleading.
Section 509.200 - Claims of items of special damage shall be specifically stated.
Section 509.210 - Libel and slander, averments — defenses.
Section 509.220 - Private statutes, averments — laws of other states — judicial notice.
Section 509.230 - Pleading written instrument.
Section 509.240 - Execution of written instrument deemed confessed, when.
Section 509.250 - Pleadings, how construed.
Section 509.260 - Time of pleading.
Section 509.270 - Demurrers and pleas in abatement and to the jurisdiction shall not be used.
Section 509.280 - Motions, form of.
Section 509.290 - Objections which may be raised by motions.
Section 509.300 - Failure to state a claim or defense, raised on motion, when.
Section 509.310 - Motion for more definite statement or for a bill of particulars.
Section 509.320 - Matter which party may move to strike out.
Section 509.330 - Time allowed for making motions.
Section 509.340 - Consolidation of motions — waiver of objections — exceptions.
Section 509.350 - Motion searches record.
Section 509.360 - Motion for judgment on pleadings.
Section 509.370 - Time for hearing of motions.
Section 509.380 - Place of hearing.
Section 509.390 - Regular times and places for hearing motions.
Section 509.400 - Defenses which may be raised by pleading — waiver.
Section 509.410 - Objection that no demand has been made not available, when.
Section 509.420 - What a pleading shall state as a counterclaim.
Section 509.430 - Counterclaim exceeding opposing claim.
Section 509.440 - When claim may be presented as counterclaim by supplemental pleading.
Section 509.450 - Counterclaim set up by amendment, when.
Section 509.460 - Cross-claims against coparty.
Section 509.470 - Additional parties made defendants when required for counterclaim or cross-claim.
Section 509.480 - Reduction of assigned claims to the extent of all counterclaims.
Section 509.490 - Amendment of pleadings.
Section 509.500 - Amendments to conform to evidence.