MISSOURI STATE COURT

ANSWER – GENERAL DENIAL, AFFIRMATIVE DEFENSES & COUNTERCLAIMS

[// GUIDANCE: Delete all bracketed guidance notes and fill every bracketed placeholder before filing.]

TABLE OF CONTENTS

1. Document Header (Caption)
2. Definitions
3. General Denial & Paragraph-by-Paragraph Responses
4. Affirmative Defenses
5. Counterclaims (Optional)
6. Prayer for Relief
7. Verification
8. Certificate of Service

1. DOCUMENT HEADER (CAPTION)

IN THE CIRCUIT COURT OF [______] COUNTY, MISSOURI
[CIVIL] DIVISION

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [____]
)
[DEFENDANT NAME], )
)
Defendant. )
DEFENDANT’S ANSWER, GENERAL DENIAL, AFFIRMATIVE DEFENSES,
AND (IF ANY) COUNTERCLAIMS
[MO. SUP. CT. R. 55 et seq.]

2. DEFINITIONS

For purposes of this Answer only:

a. “Complaint” or “Petition” means the pleading filed by Plaintiff on or about [DATE] commencing this action.
b. “Defendant” means [DEFENDANT FULL LEGAL NAME].
c. “Plaintiff” means [PLAINTIFF FULL LEGAL NAME].
d. “Court” means the Circuit Court of [______] County, Missouri.

[// GUIDANCE: Add, modify, or delete defined terms as needed to mirror the operative pleading.]

3. GENERAL DENIAL & PARAGRAPH-BY-PARAGRAPH RESPONSES

A. General Denial
Pursuant to Mo. Sup. Ct. R. 55.03 and 55.08, Defendant denies each and every allegation in the Complaint that is not expressly admitted herein.

B. Specific Responses

[// GUIDANCE: Use “lack sufficient knowledge or information and therefore deny” when appropriate; this satisfies Rule 55.03(b).]

4. AFFIRMATIVE DEFENSES

Without conceding the adequacy of Plaintiff’s allegations, and reserving the right to amend under Mo. Sup. Ct. R. 55.33, Defendant asserts the following affirmative defenses pursuant to Mo. Sup. Ct. R. 55.08:

1. Failure to State a Claim – Plaintiff’s Complaint fails to state facts sufficient to constitute a cause of action.
2. Statute of Limitations – Plaintiff’s claims are barred in whole or in part by the applicable statutes of limitation, including but not limited to §§ [______] RSMo.
3. Lack of Standing.
4. Waiver.
5. Estoppel.
6. Accord and Satisfaction.
7. Payment.
8. Release.
9. Laches.
10. Comparative/Contributory Fault.
11. Failure to Mitigate Damages.
12. Set-off and Recoupment.
13. Unclean Hands.
14. License/Consent.
15. Immunity (including statutory and common-law immunities).
16. Illegality/Public Policy.
17. Force Majeure / Impossibility / Frustration of Purpose.
18. Reservation – Defendant reserves all additional defenses revealed during discovery.

[// GUIDANCE: Delete inapplicable defenses and add any additional, case-specific defenses.]

5. COUNTERCLAIMS (OPTIONAL)

[// GUIDANCE: Counterclaims that “arise out of the transaction or occurrence” of Plaintiff’s claims are compulsory under Mo. Sup. Ct. R. 55.32(a) and must be pled now or they are waived.]

COUNT I – [TITLE OF COUNTERCLAIM]

1. Defendant/Counter-Plaintiff (“Counter-Plaintiff”) realleges and incorporates by reference ¶¶ [__] above as if fully set forth herein.
2. [Factual allegations supporting counterclaim.]
3. [Legal elements of claim.]

WHEREFORE, Counter-Plaintiff prays for judgment against Plaintiff/Counter-Defendant in an amount to be proven at trial, for pre- and post-judgment interest, costs, attorneys’ fees where permitted, and such other relief as the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss the Complaint with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award Defendant its costs and such further relief as the Court deems just and proper; and
d. If counterclaims are asserted, grant the relief sought therein.

7. VERIFICATION (Use only if required by local rule or the nature of the claims)

STATE OF MISSOURI )
) ss.
COUNTY OF [_] )

I, [NAME], being duly sworn, state that I am the [TITLE] of Defendant; that I have read the foregoing Answer and know the contents thereof; and that the statements therein are true and correct to the best of my knowledge, information, and belief.

______ Date: _____
[NAME], [TITLE]

Subscribed and sworn before me this ___ day of _, 20.

Notary Public
My commission expires: __
[// GUIDANCE: Missouri generally does not require verification unless the pleading it responds to was verified or a statute requires it.]

8. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of _, 20, a true and correct copy of the foregoing was served [via the Court’s electronic filing system / by first-class mail, postage prepaid / by hand delivery] upon:

[PLAINTIFF’S COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[EMAIL]

[ATTORNEY NAME], Mo. Bar No. [_____]
Attorney for Defendant
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

KEY MISSOURI PROCEDURAL NOTES

[// GUIDANCE: Internal reference only—delete before filing]
• Deadline: File within 30 days after service of process (Mo. Sup. Ct. R. 55.25(a)).
• Signature Block: Must comply with Rule 55.03(a) (name, address, phone, Mo. Bar number, email).
• Amendments: May amend once as a matter of course before a responsive pleading is served to a counterclaim, or by leave of court (Rule 55.33).
• Affirmative Defenses: Omission may constitute waiver (Rule 55.08).
• Compulsory Counterclaims: Waived if not pled (Rule 55.32(a)).

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