☰ Revisor of Missouri

Title XXXII COURTS

Chapter 482

< > Effective - 02 Jan 1979, see footnote    bottom

  482.320.  Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. — 1.  At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence as the plaintiff's original claim.  The pleading requirements for filing such a counterclaim shall be the same as those for the filing of the original claim.

  2.  At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff's original claim.

  3.  If, during the course of the hearing, the judge determines that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's original claim, the judge may question the parties on the counterclaim and render judgment on it as if it had been raised on the initiative of the defendant.

­­--------

(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)

Effective 1-02-79


---- end of effective  02 Jan 1979 ----

use this link to bookmark section  482.320


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House