Effective 28 Aug 1993
509.050. Pleading, setting forth claim for relief, contents — demand for dollar amount not permitted, exception — discovery used to determine total damages, use in trial prohibited. — 1. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim or third-party claim shall contain:
(1) A short and plain statement of the facts showing that the pleader is entitled to relief; and
(2) A demand for judgment for the relief to which he deems himself entitled. The prayer for relief need not include a request for prejudgment interest otherwise properly allowable under subsection 2 of section 408.040.
If a recovery of money be demanded, no dollar amount or figure shall be included in the demand except to determine the proper jurisdictional authority, but the prayer shall be for such damages as are fair and reasonable. The provisions of this section shall not affect the conduct of trial with regard to stating, proving, or arguing damages. Relief in the alternative or of several different types may be demanded.
2. A party may discover the total damages being claimed. The response to such discovery shall not be used at trial by opposing parties for any purpose.
--------
(L. 1943 p. 353 § 36, A.L. 1987 H.B. 700, A.L. 1993 S.B. 88)
CROSS REFERENCE:
Medical and health care providers, malpractice sections, Chap. 538; 509.050 not applicable, 538.300
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.