Title XXXV, CIVIL PROCEDURE AND LIMITATIONS

508.340. Change of venue from Marion County when people are prejudiced. — Notwithstanding the provisions of sections 508.320 and 508.330, if, in any civil or criminal case pending in districts 1 or 2 of the circuit court of Marion County, the application for change of venue alleg…

509.010. Shall be petition and answer — reply if answer contains counterclaim. — There shall be a petition and an answer; and there shall be a reply if the answer contains a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a thir…

509.020. Caption of pleading — what set forth. — Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in section 509.010. In the petition the title of the action shall include the names of all t…

509.030. Pleading attributed to, by whom — declaration. — Every pleading of a party represented by an attorney shall be attributed to at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall affix h…

509.040. Technical forms not required in pleading. — Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. ­­-------- (L. 1943 p. 353 § 35)

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, cros…

509.060. Joinder of claims. — The plaintiff in his petition or in a reply setting forth a counterclaim and the defendant in an answer setting forth a counterclaim may join either as independent or as alternate claims as many claims either legal or equitable or both as he may have…

509.070. Two claims may be joined in a single action, when — court shall grant relief, when. — Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant re…

509.080. Defenses — form of denials. — A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth…

509.090. 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, ill…

509.100. Failure to deny, effect. — Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings. When a reply is filed, whether required or not, all affirmative defenses …

509.110. Pleading in alternative — consistency. — A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of…

509.120. Averments, how made. — All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succee…

509.130. Adoption of statements by reference — exhibits. — Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. An exhibit to a pleading is a part thereof for all purposes. ­­-------- (L. 1943 p. 35…

509.140. Averments as to capacity or authority of parties to sue or be sued. — It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corp…

509.150. Partnership deemed confessed, unless denied. — When parties sue or are sued as a partnership, and the names of the partners are set forth in the petition or counterclaim, the existence of the partnership shall be deemed confessed unless it be denied by specific negative …

509.160. Particularity required in all averments of fraud or mistake. — In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred gene…

509.170. Conditions precedent — how pleaded. — In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specificall…

509.180. Official documents or acts, form of pleading. — In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law. ­­-------- (L. 1943 p. 353 § 49)

509.190. Judgments and decisions, form of pleading. — In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdict…

509.200. Claims of items of special damage shall be specifically stated. — When items of special damage are claimed, they shall be specifically stated. In actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages s…

509.210. Libel and slander, averments — defenses. — In an action for libel or slander, it shall not be necessary to state in the petition any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it…

509.220. Private statutes, averments — laws of other states — judicial notice. — 1. In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the place where found in the session acts or in the revised statutes, a…

509.230. Pleading written instrument. — Whenever a claim, defense, or counterclaim is founded upon a written instrument, the same may be pleaded according to legal effect, or may be recited at length in the pleading, or a copy may be attached to the pleading as an exhibit. ­­----…

509.240. Execution of written instrument deemed confessed, when. — When any claim or counterclaim shall be founded upon any written instrument and the same shall be set up at length in the pleading or a copy attached thereto as an exhibit, the execution of such instrument shall b…

509.250. Pleadings, how construed. — All pleadings shall be so construed as to do substantial justice. ­­-------- (L. 1943 p. 353 § 57)

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 r…

509.270. Demurrers and pleas in abatement and to the jurisdiction shall not be used. — Demurrers and pleas in abatement and to the jurisdiction shall not be used. ­­-------- (L. 1943 p. 353 § 59)

509.280. Motions, form of. — 1. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement…

509.290. Objections which may be raised by motions. — 1. The following objections and other matters may be raised by motion whether or not the same may appear from the pleadings and other papers filed in the cause: (1) Lack of jurisdiction over the subject matter; (2) Lack of jur…

509.300. Failure to state a claim or defense, raised on motion, when. — The objections of failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised by motion when these objections appear on the face of the pleadings. ­­--------…

509.310. Motion for more definite statement or for a bill of particulars. — A party may move for a more definite statement or for a bill of particulars of any matter contained in a petition, answer or reply which is not averred with sufficient definiteness or particularity to ena…

509.320. Matter which party may move to strike out. — A party may move to strike any redundant, immaterial, impertinent, or scandalous matter from any pleading. ­­-------- (L. 1943 p. 353 § 64)

509.330. Time allowed for making motions. — All motions made shall be made within the time allowed for responding to the opposing party's pleading or, if no responsive pleading is permitted, within twenty days after the service of the last pleading. Motions and pleadings may be f…

509.340. Consolidation of motions — waiver of objections — exceptions. — A party who makes a motion may join with it the other motions provided for and then available to him. No objection is waived by being joined with one or more other objections in the motion, nor shall pleadin…

509.350. Motion searches record. — Upon motion directed to an answer or reply, substantial defects in all prior pleadings may be considered and judgment rendered against the party who has first failed to state a claim upon which relief can be granted or to state a legal defense t…

509.360. Motion for judgment on pleadings. — After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. ­­-------- (L. 1943 p. 353 § 68)

509.370. Time for hearing of motions. — All objections raised by motion shall be heard and determined before the trial on application of any party, unless the court for good cause orders that the hearing and determination thereof be deferred until the trial. ­­-------- (L. 1943 p…

509.380. Place of hearing. — All motions may be heard and other acts or proceedings, except trials upon the merits, may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county; …

509.390. Regular times and places for hearing motions. — 1. Unless local conditions make it impracticable, each trial court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hear…

509.400. Defenses which may be raised by pleading — waiver. — All defenses and objections for which there is no provision for the raising of the same by motion shall be raised in the responsive pleading if one is permitted. When no responsive pleading is required the case shall b…

509.410. Objection that no demand has been made not available, when. — It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer o…

509.420. What a pleading shall state as a counterclaim. — A pleading shall state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrenc…

509.430. Counterclaim exceeding opposing claim. — A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. ­­-------- (L. 1943 p…

509.440. When claim may be presented as counterclaim by supplemental pleading. — A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. ­­-------- (L. 1…

509.450. Counterclaim set up by amendment, when. — When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires he may by leave of court set up the counterclaim by amendment. ­­-------- (L. 1943 p. 353 § 76)