A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds.
Rule 55.10.Pleading in Alternative--Consistency.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 55.10 allows a party to plead alternative or hypothetical claims or defenses, in one count or in separate counts, and to state as many separate claims or defenses as it has regardless of whether they’re consistent with each other or rest on legal or equitable grounds.
Full Text of Rule 55.10
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
The source is prior Rule 55.12. The phrase “regardless of consistency” has been added. Compare: Rule 8(e)(2) of the Federal Rules of Civil Procedure.
Plain-English Summary
A party can state two or more versions of a claim or defense in the alternative or hypothetically, either together in one count or defense or split into separate ones. If at least one of those alternative statements would be sufficient on its own, the pleading as a whole isn’t made insufficient just because one or more of the other alternatives falls short.
The rule goes further and allows outright inconsistency. A party may state as many separate claims or defenses as it has, regardless of whether they’re consistent with one another and regardless of whether they rest on legal or equitable grounds. That flexibility lets a pleader preserve multiple theories of a case without having to commit to just one at the pleading stage.
Frequently Asked Questions
Can I plead inconsistent claims in Missouri?
Yes. Rule 55.10 lets a party state as many separate claims or defenses as it has regardless of consistency.
What does pleading in the alternative mean?
Stating two or more versions of a claim or defense — either or, this-or-that — instead of committing to a single factual theory.
If one alternative theory is insufficient, does that sink the whole pleading?
No. As long as one alternative statement would be sufficient on its own, the pleading survives even if other alternatives are insufficient.
Can I mix legal and equitable claims or defenses?
Yes, Rule 55.10 expressly allows separate claims or defenses regardless of whether they’re based on legal or equitable grounds.
Does this rule apply to defenses as well as claims?
Yes. Rule 55.10 applies to both claims and defenses pleaded alternately or hypothetically.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: pleading in the alternativeinconsistent claims allowedhypothetical pleading Missourialternative defensesregardless of consistency pleading