Section 4.1 Introduction; Scope of Chapter

• Library: Civil Trial Practice 2015 Supp

I. (§4.1) Introduction; Scope of Chapter

The purpose of this chapter is to provide some guidance on issues regarding pleadings. Missouri is a fact-pleading state, meaning that pleadings should contain a short and plain statement of the facts showing entitlement to relief and a demand for judgment for the relief to which the pleader claims to be entitled. Federal courts are notice-pleading forums, and the pleading requirements are somewhat different. Before filing suit or responding to a petition in Missouri state court, counsel should take the following steps:

· Conduct a full investigation of the facts.

· Research the law to determine what causes of action may be available and what defenses may exist. Research should include not only statutes and cases but also Missouri Approved Jury Instructions to review the applicable verdict-directing instructions.

· Consider all proper, necessary, and indispensable parties to the suit.

· Consider jurisdiction, venue, and service issues.

· Review the procedural rules of the Supreme Court of Missouri and local circuit rules.

· Consider whether to file any number of...