Rule 55.31 Objection That No Demand Has Been Made Not Available, When

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

XXXI. Rule 55.31 Objection That No Demand Has Been Made Not Available, When

A. Text of Rule

A party cannot object that no demand for the subject matter of a civil action was made prior to its institution unless it is expressly set up by way of defense in the answer or reply and is also accompanied with a tender of the amount or thing that is due; in which case, if the plaintiff will further prosecute the civil action and shall not recover a greater sum or more than is tendered, the plaintiff shall pay all costs. This provision is applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

B. Historical Note

Rule...