Rule 55.06 Joinder of Claims and Remedies

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

VI. Rule 55.06 Joinder of Claims and Remedies

A. Text of Rule

(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.

B. Historical Note

None.

C. Cross-References

This rule is patterned after §§ 509.060 and 509.070, RSMo 2000, and subdivision (b) is the same as Federal Rule of Civil Procedure 18(b).

D. Time Constraints

None.

E. Comment

Rule 55.06 combines into one rule the substance of two prior rules (55.07 and 55.08) and their counterpart statutes (§§ 509.060 and 509.070, RSMo 2000). The policy behind Rule 55.06 is to encourage the broadest possible joinder of claims into one cause of action. Thus, a party asserting a proper original claim may join with it as many independent, unrelated claims as the party has against an opposing party. The obvious purpose of this Rule is to avoid a multiplicity of lawsuits and to promote convenience and economy of litigation. Rule 55.06 should be read in conjunction with Rule 55.05, which requires the pleading of ultimate facts in support of each claim.

In State ex rel.General Motors...