509.050. Pleading, setting forth claim for relief, contents--demand for dollar amount not permitted, exception--discovery used to determine total damages, use in trial prohibited.
Pleading, setting forth claim for relief, contents--demand for dollaramount not permitted, exception--discovery used to determine totaldamages, use in trial prohibited.
509.050. 1. A pleading which sets forth a claim for relief, whether anoriginal claim, counterclaim, crossclaim or third-party claim shall contain:
(1) A short and plain statement of the facts showing that the pleader isentitled to relief; and
(2) A demand for judgment for the relief to which he deems himselfentitled. The prayer for relief need not include a request for prejudgmentinterest otherwise properly allowable under subsection 2 of section 408.040,RSMo. If a recovery of money be demanded, no dollar amount or figure shall beincluded in the demand except to determine the proper jurisdictionalauthority, but the prayer shall be for such damages as are fair andreasonable. The provisions of this section shall not affect the conduct oftrial with regard to stating, proving, or arguing damages. Relief in thealternative or of several different types may be demanded.
2. A party may discover the total damages being claimed. The responseto such discovery shall not be used at trial by opposing parties for anypurpose.
(L. 1943 p. 353 § 36, A.L. 1987 H.B. 700, A.L. 1993 S.B. 88)CROSS REFERENCE:
Medical and health care providers, malpractice sections, 538.205 to 538.230, 509.050 not applicable, RSMo 538.300