More Categories

Rule 55.06 – Joinder of Claims and Remedies

May 13, 2021 | Civil Procedure, Missouri

(a)Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
(b)Joinder of Remedies; Fraudulent Conveyances. 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 relief in that action only in accordance with the relative substantive rights of the parties. For example, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.

Mo. R. Civ. P. 55.06

Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Committee Note – 1974

This Rule supersedes prior Rules 55.07 and 55.08. Paragraph (a) is the same as Rule 18(a) of the Federal Rules of Civil Procedure with “maritime” deleted. Paragraph (b) is the same as Rule 18(b) of the Federal Rules of Civil Procedure.

The change is the deletion of references to joinder of parties rules in prior Rule 55.07.