Supreme Court of Missouri
en banc
August 12, 2025
Effective July 01, 2026
In re:
(1) Repeal of subdivision 55.08, entitled "Affirmative Defenses," of Rule 55, entitled "Pleadings, Motions, and Hearings," and, in lieu thereof, adoption of a new subdivision 55.08, entitled "Affirmative Defenses."
(2) Repeal of the title of subdivision 78.04, entitled "Motion for New Trial –Time for Filing," of Rule 78, entitled "New Trials – After-Trial Motions – Preservation of Error," and, in lieu thereof, adoption of a new title of subdivision 78.04, entitled "Motion for New Trial or to Amend –Time for Filing."
(3) Repeal of subdivision (a) of subdivision 81.05, entitled "Judgments, When Final – Premature Filing of Notice of Appeal – Computation of Time," of Rule 81, entitled "Appeals," and, in lieu thereof, adoption of a new subdivision (a) of subdivision 81.05, entitled "Judgments, When Final – Premature Filing of Notice of Appeal – Computation of Time."
1. It is ordered that, effective July 1, 2026, subdivision 55.08 of Rule 55 be and the same is hereby repealed and a new subdivision 55.08 is adopted in lieu thereof to read as follows:
55.08 | AFFIRMATIVE DEFENSES
In pleading to a preceding pleading, a party shall set forth all applicable affirmative defenses and avoidances, including but not limited to accord and satisfaction, right to arbitration, arbitration award, assumption of risk, contributory negligence, comparative fault, state of the art as provided by statute, seller in the stream of commerce as provided by statute, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, truth in defamation, waiver, and any other matter constituting an avoidance or affirmative defense. A pleading that sets forth an affirmative defense or avoidance shall contain a short and plain statement of the facts showing that the pleader is entitled to the defense or avoidance. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court may treat the pleadings as if there had been a proper designation.
2. It is ordered that, effective July 1, 2026, the title of subdivision 78.04 of Rule 78 be and the same is hereby repealed and a new title of subdivision 78.04 is adopted in lieu thereof to read as follows:
78.04 | MOTION FOR NEW TRIAL OR TO AMEND – TIME FOR FILING
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3. It is ordered that, effective July 1, 2026, subdivision 81.05(a) of Rule 81 be and the same is hereby repealed and a new subdivision 81.05(a) is adopted in lieu thereof to read as follows:
81.05 | JUDGMENTS, WHEN FINAL – PREMATURE FILING OF NOTICE OF APPEAL – COMPUTATION OF TIME
(a) Finality as Affected by After-Trial Motions. Except as otherwise provide in Rule 81.045, for the purpose of ascertaining the time within which an appeal may be taken:
(1) A judgment becomes final in a civil matter at the expiration of 30 days after its entry if no timely authorized after-trial motion is filed.
(2) If a party timely files an authorized after-trial motion, the judgment becomes final at the earlier of the following:
(A) 90 days from the date the last timely motion was filed, on which date all motions not ruled shall be deemed overruled; or
(B) If all motions have been ruled, then the date of ruling of the last motion to be ruled or 30 days after entry of judgment, whichever is later.
(3) The filing and disposition of such motions has the same effect on time for appeal in all cases whether or not the motion has any function other than to seek relief in the trial court.
(4) The phrase "authorized after-trial motion" as used in this Rule 81.05(a) shall mean a motion seeking relief authorized by Rules 72.01(b), 73.01(d), or 78.
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4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day - to – Day
W. Brent Powell Chief Justice
W. Brent Powell Chief Justice