Rule 55.27.Defenses and Objections--How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 2012 · Last verified July 22, 2026
In one sentenceRule 55.27 lists the defenses — lack of jurisdiction and failure to state a claim among them — that a party may raise by motion instead of in a responsive pleading, sets deadlines and preservation rules for those motions, and governs judgment on the pleadings, more definite statement, and motions to strike.
(a)How Presented. Every defense, in law or fact, to a claim in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:
(1)Lack of jurisdiction over the subject matter,
(2)Lack of jurisdiction over the person,
(3)That plaintiff does not have legal capacity to sue,
(4)Insufficiency of process,
(5)Insufficiency of service of process,
(6)Failure to state a claim upon which relief can be granted,
(8)That plaintiff should furnish security for costs,
(9)That there is another action pending between the same parties for the same cause in this state,
(10)That several claims have been improperly united,
(11)That the counterclaim or cross-claim is one which cannot be properly interposed in this action. A motion making any of these defenses shall be made:
(A)Within the time allowed for responding to the opposing party’s pleading, or
(B)If no responsive pleading is permitted, within thirty days after the service of the last pleading. Motions and pleadings may be filed simultaneously without waiver of the matters contained in either. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to the claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04. All parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 74.04.
(b)Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04, and all parties shall be given reasonable opportunity to present all materials made pertinent to such a motion by Rule 74.04.
(c)Preliminary Hearings. The defenses specifically enumerated (1)-(11) in subdivision (a) of this Rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (b) of this Rule shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.
(d)Motion for More Definite Statement. A party may move for a more definite statement of any matter contained in a pleading that is not averred with sufficient definiteness or particularity to enable the party properly to prepare responsive pleadings or to prepare generally for trial when a responsive pleading is not required. If the motion is granted and the order of the court is not obeyed within ten days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
(e)Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within thirty days after the service of the pleading upon any party or upon the court’s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(f)Consolidation of Defenses in Motion. A party who makes a motion under this Rule 55.27 may join with it any other motions herein provided for and then available to the party. If a party makes a motion under this Rule 55.27 but omits therefrom any defense or objection then available that this Rule 55.27 permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in Rule 55.27(g)(2) on any of the grounds there stated.
(D)That plaintiff should furnish security for costs,
(E)That plaintiff does not have legal capacity to sue,
(F)That there is another action pending between the same parties for the same cause in this state,
(G)That several claims have been improperly united, or
(H)That the counterclaim or cross-claim is one which cannot be properly interposed in this action, is waived if it is:
(a)Omitted from a motion in the circumstances described in Rule 55.27(f), or
(b)Neither made by motion under this Rule 55.27 nor included in a responsive pleading.
(2)A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 52.04, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 55.01 or by motion for judgment on the pleadings.
(3)Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994; Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; May 26, 2000, eff. Jan. 1, 2001; Amended June 21, 2002, eff. Jan. 1, 2003. Amended June 23, 2008, eff. July 1, 2008; Amended June 23, 2008, eff. Jan. 1, 2009; Amended June 28, 2011, eff. Jan. 1, 2012.
Plain-English Summary
Rule 55.27(a) lists eleven defenses that a party can raise by motion instead of waiting to plead them in a responsive pleading: lack of subject matter jurisdiction, lack of personal jurisdiction, lack of legal capacity to sue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, failure to join a party, a demand that the plaintiff furnish security for costs, another action pending on the same claim, improper joinder of several claims, and a counterclaim or cross-claim that can’t properly be interposed in the action. A motion raising any of these must be filed within the time allowed to respond to the opposing pleading, or within 30 days after the last pleading if no response is required, and motions and pleadings can be filed together without waiving anything in either.
When a motion to dismiss for failure to state a claim brings in matters outside the pleadings that the court doesn’t exclude, the rule converts it into a motion for summary judgment, to be decided under Rule 74.04, with both sides given a reasonable chance to address that outside material. The same conversion applies to a motion for judgment on the pleadings under paragraph (b), which any party may file after the pleadings close but before trial is delayed.
The eleven enumerated defenses, along with the motion for judgment on the pleadings, are generally heard and decided before trial on a party’s application, unless the court defers that determination to the trial itself. Separate provisions in paragraphs (d) and (e) cover a motion for a more definite statement, when a pleading is too vague to answer or prepare for trial, and a motion to strike insufficient defenses or redundant, immaterial, impertinent, or scandalous matter from a pleading.
Paragraph (f) requires a party raising one of these defenses by motion to consolidate every available defense into that motion, or lose the ones left out. Paragraph (g) then spells out which defenses are waived by that omission — lack of personal jurisdiction, insufficient process or service, security for costs, lack of capacity, another action pending, improper joinder, or an improperly interposed counterclaim or cross-claim — if they’re dropped from a consolidated motion or never raised by motion or in a responsive pleading at all. Three things are treated differently: failure to state a claim, failure to join an indispensable party, and failure to state a legal defense can be raised later, in any permitted pleading or by a motion for judgment on the pleadings; and a lack of subject matter jurisdiction can never be waived — whenever it becomes apparent, the court must dismiss the action.
Frequently Asked Questions
Does Missouri have a motion to dismiss?
Yes. Rule 55.27(a) lets a party raise defenses like lack of jurisdiction and failure to state a claim upon which relief can be granted by motion instead of in a responsive pleading, functioning as Missouri’s motion to dismiss (MTD).
What defenses can be raised by motion instead of an answer in Missouri?
Eleven listed defenses, including lack of subject matter or personal jurisdiction, lack of capacity to sue, insufficient process or service, failure to state a claim, failure to join a party, and improper joinder of claims.
What happens when a motion to dismiss relies on facts outside the petition?
If the court doesn’t exclude that outside material, the motion converts into a motion for summary judgment under Rule 74.04, with both sides given a chance to address it.
What is a motion for judgment on the pleadings?
A motion any party may file after the pleadings close but before trial is delayed, asking the court to rule based on the pleadings alone; it also converts to summary judgment if outside matters are considered.
Which defenses are waived if not raised early?
Personal jurisdiction, insufficient process or service, security for costs, lack of capacity, another pending action, improper joinder, and an improper counterclaim or cross-claim are waived if omitted from a consolidated motion or never raised at all.
Can lack of subject matter jurisdiction be raised at any time?
Yes. Rule 55.27(g)(3) requires the court to dismiss the action whenever it appears that subject matter jurisdiction is lacking, and this defense is never waived.
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:motion to dismissMTDmotion for judgment on the pleadingsfailure to state a claimdefenses raised by motionmotion to strikemotion for more definite statement