Supreme Court Rules - Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings: Objection That No Demand Has Been Made Not Available, When

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Supreme Court Rules

		Section/Rule:	55.31
Subject:	Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings	Publication / Adopted Date:	January 19, 1973
Topic:	Objection That No Demand Has Been Made Not Available, When	Revised / Effective Date:	January 1, 1994

55.31. Objection That No Demand Has Been Made Not Available, When

A party cannot object that no demand for the subject matter of a civil action was made prior to its institution unless it is expressly set up by way of defense in the answer or reply and is also accompanied with a tender of the amount or thing that is due; in which case, if the plaintiff will further prosecute the civil action and shall not recover a greater sum or more than is tendered, the plaintiff shall pay all costs. This provision is applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1974

This is the same as prior Rule 55.44