2017 Missouri Revised Statutes
Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509 Pleadings
Section 509.090 Affirmative defenses.
Effective 28 Aug 1943
Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509509.090. 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.
(L. 1943 p. 353 § 40)