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Missouri Supreme Court Decision on Framing Statute of Limitations Defense
Supreme Court of Missouri issued a unanimous opinion in Robert L. Bateman, et al., James K. Owens et al., v. Platte County, Missouri affirming that defendant waives its statute of limitations defense when the defendant fails to plead the particular statute.
In its answer, defendant argued only that the plaintiffs’ claims for relief were “untimely and barred by the statute of limitations.” The Supreme Court held that simply referring to “the statute of limitations” does not satisfy the requirement that pleadings contain the “particular provision relied upon.” Because the statute of limitations defense was not properly pled, the Court found it to be waived.
Although there is no new law in this opinion, it is clear that the Court expects pleadings to be specific and cite to Missouri statues rather than vague legal concepts. Failure to properly cite statutes will result in the barring of the claim, even when the claim is otherwise valid. The full opinion may be found on the Missouri Supreme Court’s website here.
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Baker Sterchi's Missouri Law Blog examines significant developments, trends and changes in Missouri law on a broad range of topics of interest to Missouri practitioners and attorneys and businesses with disputes subject to Missouri law. Learn more about the editor, David Eisenberg.
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