Rule 143 | Counterclaims

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.01 | Counterclaim - Same Transaction - When Asserted and Heard

143.01. Counterclaim - Same Transaction - When Asserted and Heard

At any time prior to the commencement of the hearing, the defendant may assert a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim by filing with the clerk of the small claims division such counterclaim in substantially the form approved in Rule 152. A copy of the counterclaim shall be mailed or delivered to the plaintiff. If the counterclaim is filed less than ten days prior to the date set for hearing, the court shall continue both the claim and counterclaim to a day certain not less than ten days from the date of furnishing the counterclaim to plaintiff unless the plaintiff consents to hearing on the day set.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.02 | Counterclaim - Same Transaction - Discovered During Trial - Procedure

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.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: January 01, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.03 | Counterclaim - Not Out of Same Transaction - When Filed

143.03. Counterclaim - Not Out of Same Transaction - When Filed

At any time within ten days after service of process and before the date of trial, the defendant may assert a counterclaim that does not arise out of the same transaction or occurrence as the plaintiff's claim by filing the counterclaim with the clerk of the small claims division in substantially the form approved in Rule 152. A copy of the counterclaim shall be mailed or delivered to the plaintiff.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.04 | Counterclaim - Not Out of Same Transaction - When Tried

143.04. Counterclaim - Not Out of Same Transaction - When Tried

If less than ten days prior to the date set for hearing the defendant files a counterclaim that does not arise out of the same transaction or occurrence as the plaintiff's claim, the court shall continue the case to a date not less than ten days from the date on which the plaintiff was furnished a copy of the counterclaim unless the plaintiff consents to a trial on the date set.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.05 | Counterclaim Exceeding Jurisdiction - When Heard

143.05. Counterclaim Exceeding Jurisdiction - When Heard

If the amount sought in a counterclaim exceeds the small claims division's monetary jurisdiction, the judge, with the consent of all parties, may hear both the claim and the counterclaim. The judge shall inform the parties that each may consult with an attorney prior to deciding whether to consent.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.06 | Counterclaim - Out of Same Transaction - Exceeding Jurisdiction - Procedure

143.06. Counterclaim - Out of Same Transaction - Exceeding Jurisdiction - Procedure

If the amount of a counterclaim that arises out of the same transaction or occurrence as plaintiff's claim exceeds the small claims division's monetary jurisdiction, and if the parties do not consent that the case be heard in the small claims division, the case shall be heard in the appropriate division under the procedures provided in chapter 517, RSMo, or the case shall be certified for assignment in the manner provided in section 517.081, RSMo.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)

First Adopted: February 11, 1987

Most Recently Effective: January 01, 1988

Rule 143 | Rules of the Small Claims Division on the Circuit Court | Counterclaims

143.07 | Counterclaim - Not Out of Same Transaction - Exceeding Jurisdiction - Procedure

143.07. Counterclaim - Not Out of Same Transaction - Exceeding Jurisdiction - Procedure

If the amount of a counterclaim not arising out of the same transaction or occurrence as plaintiff's claim exceeds the small claims division's monetary jurisdiction and the parties do not consent that the case may be heard in the small claims division, the judge shall dismiss the counterclaim without prejudice.

(Added Feb. 11, 1987, eff. Jan. 1, 1988.)