Mo. R. Sm. Clm. Div. Cir. Ct. 143.02

As amended through November 19, 2024
Rule 143.02 - Counterclaim - Same Transaction - Discovered During Trial - Procedure

If the judge, during the course of a trial, determines that a defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim, the judge shall inform the defendant and plaintiff of the nature of the counterclaim. If the defendant does not desire the court to hear the counterclaim, the judge shall proceed to hear only the plaintiff's claim. If the defendant desires the court to hear the counterclaim, the judge shall advise the plaintiff of the nature of the counterclaim and plaintiff shall have the option to proceed with the trial or have the case continued.

Mo. R. Sm. Clm. Div. Cir. Ct. 143.02

Added Feb. 11, 1987, eff. 1/1/1988.