☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 509

Effective - 28 Aug 1943 bottom

  509.260.  Time of pleading. — 1.  A defendant shall file his answer within thirty days after the service of the summons and petition upon him, except where service by mail is had, in which event a defendant shall file his answer within thirty days after the return registered mail receipt, as required by subsection 2 of section 506.160 and subsection 3 of section 506.180, is filed in the case, or within forty-five days after the first publication of notice in case that neither personal service nor service by mail is had.

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

  3.  The filing of any motion provided for in sections 509.290 to 509.320 alters the time fixed for filing any required responsive pleadings as follows, unless a different time is fixed by order of the court:  If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading may be filed within ten days after notice of the court's action; if the court grants a motion for a more definite statement or for a bill of particulars, the responsive pleading may be filed within ten days after the filing of the more definite statement or bill of particulars.  In either case the time for filing of the responsive pleading shall be no less than remains of the time which would have been allowed under this section if the motion had not been made.

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(L. 1943 p. 353 § 58)


---- end of effective   28 Aug 1943 ----

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