482.320. Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. - Missouri Statutes

Counterclaims, filing, different transaction, same transaction,arising at hearing, duty of judge.

482.320. 1. At any time up to ten days after service ofprocess and before the date of the hearing, the defendant mayfile a counterclaim which does not arise out of the sametransaction or occurrence as the plaintiff's original claim. Thepleading requirements for filing such a counterclaim shall be thesame as those for the filing of the original claim.

2. At any time up to and including the time of the hearing,the defendant may raise a counterclaim which grows out of thesame transaction or occurrence as the plaintiff's original claim.

3. If, during the course of the hearing, the judgedetermines that the defendant has a counterclaim arising out ofthe same transaction or occurrence as the plaintiff's originalclaim, the judge may question the parties on the counterclaim andrender judgment on it as if it had been raised on the initiativeof the defendant.

(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)

Effective 1-2-79