State Codes and Statutes

Statutes > Missouri > T35 > C509 > 509_260

Time of pleading.

509.260. 1. A defendant shall file his answer within thirtydays after the service of the summons and petition upon him,except where service by mail is had, in which event a defendantshall file his answer within thirty days after the returnregistered mail receipt, as required by subsection 2 of section506.160, RSMo, and subsection 3 of section 506.180, RSMo, isfiled in the case, or within forty-five days after the firstpublication of notice in case that neither personal service norservice by mail is had.

2. If a cross-claim be filed against a party, he shall filean answer thereto within twenty days after the same be filed.The plaintiff shall file his reply to a counterclaim in theanswer within twenty days after filing of the answer or, if areply is ordered by the court, within twenty days after entry ofthe order, unless the order otherwise directs.

3. The filing of any motion provided for in sections 509.290to 509.320 alters the time fixed for filing any requiredresponsive pleadings as follows, unless a different time is fixedby order of the court: If the court denies the motion orpostpones its disposition until the trial on the merits, theresponsive pleading may be filed within ten days after notice ofthe court's action; if the court grants a motion for a moredefinite statement or for a bill of particulars, the responsivepleading may be filed within ten days after the filing of themore definite statement or bill of particulars. In either casethe time for filing of the responsive pleading shall be no lessthan remains of the time which would have been allowed under thissection if the motion had not been made.

(L. 1943 p. 353 § 58)

State Codes and Statutes

Statutes > Missouri > T35 > C509 > 509_260

Time of pleading.

509.260. 1. A defendant shall file his answer within thirtydays after the service of the summons and petition upon him,except where service by mail is had, in which event a defendantshall file his answer within thirty days after the returnregistered mail receipt, as required by subsection 2 of section506.160, RSMo, and subsection 3 of section 506.180, RSMo, isfiled in the case, or within forty-five days after the firstpublication of notice in case that neither personal service norservice by mail is had.

2. If a cross-claim be filed against a party, he shall filean answer thereto within twenty days after the same be filed.The plaintiff shall file his reply to a counterclaim in theanswer within twenty days after filing of the answer or, if areply is ordered by the court, within twenty days after entry ofthe order, unless the order otherwise directs.

3. The filing of any motion provided for in sections 509.290to 509.320 alters the time fixed for filing any requiredresponsive pleadings as follows, unless a different time is fixedby order of the court: If the court denies the motion orpostpones its disposition until the trial on the merits, theresponsive pleading may be filed within ten days after notice ofthe court's action; if the court grants a motion for a moredefinite statement or for a bill of particulars, the responsivepleading may be filed within ten days after the filing of themore definite statement or bill of particulars. In either casethe time for filing of the responsive pleading shall be no lessthan remains of the time which would have been allowed under thissection if the motion had not been made.

(L. 1943 p. 353 § 58)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T35 > C509 > 509_260

Time of pleading.

509.260. 1. A defendant shall file his answer within thirtydays after the service of the summons and petition upon him,except where service by mail is had, in which event a defendantshall file his answer within thirty days after the returnregistered mail receipt, as required by subsection 2 of section506.160, RSMo, and subsection 3 of section 506.180, RSMo, isfiled in the case, or within forty-five days after the firstpublication of notice in case that neither personal service norservice by mail is had.

2. If a cross-claim be filed against a party, he shall filean answer thereto within twenty days after the same be filed.The plaintiff shall file his reply to a counterclaim in theanswer within twenty days after filing of the answer or, if areply is ordered by the court, within twenty days after entry ofthe order, unless the order otherwise directs.

3. The filing of any motion provided for in sections 509.290to 509.320 alters the time fixed for filing any requiredresponsive pleadings as follows, unless a different time is fixedby order of the court: If the court denies the motion orpostpones its disposition until the trial on the merits, theresponsive pleading may be filed within ten days after notice ofthe court's action; if the court grants a motion for a moredefinite statement or for a bill of particulars, the responsivepleading may be filed within ten days after the filing of themore definite statement or bill of particulars. In either casethe time for filing of the responsive pleading shall be no lessthan remains of the time which would have been allowed under thissection if the motion had not been made.

(L. 1943 p. 353 § 58)