Missouri Laws 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.
Terms Used In Missouri Laws 509.260
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.