Section 4.2 General Considerations

• Library: Civil Trial Practice 2015 Supp

II. (§4.2) General Considerations

Missouri is a fact-pleading, rather than a notice-pleading, state. Rule 55.05; ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993). The facts set forth in the pleadings identify, narrow, and define:

· what issues are to be tried;

· what discovery is necessary; and

· what evidence may be admitted at trial.

State ex rel. Harvey v. Wells, 955 S.W.2d 546 (Mo. banc 1997). Petitions and answers, including affirmative defenses, must contain allegations of fact, not legal conclusions. McCain v. Washington, 990 S.W.2d 685 (Mo. App. E.D. 1999); Stephens v. Brekke, 977 S.W.2d 87 (Mo. App. S.D. 1998). No technical forms of pleadings are required; averments must be simple, concise, and direct containing a short, plain statement of the facts showing that the plaintiff is entitled to relief. Ferguson v. Alfred Schroeder Dev. Co., 658 S.W.2d 62 (Mo. App. E.D. 1983).

A party has the right to plead in the alternative and may state as many separate claims or defenses as are available regardless of consistency and whether based in law or in equity. Forry v. Dep’t of Natural Res., 889 S.W.2d 838 (Mo. App. W.D. 1994); Trien v. Croasdale Constr. Co., 874 S.W.2d 478 (Mo. App. W.D. 1994); Michael v. Kowalski, 813 S.W.2d 6 (Mo. App. W.D. 1991). A party can plead alternative causes of action in the same count, Memco, Inc. v. Chronister, 27...