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.
Rule 55.31.Objection That No Demand Has Been Made Not Available, When.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 55.31 bars a party from objecting that no demand was made before suit unless the answer or reply expressly raises that defense along with a tender of the amount or property due, and requires the plaintiff to pay costs if the further-prosecuted suit recovers no more than the amount tendered.
Full Text of Rule 55.31
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Some claims traditionally required a demand before suit could be brought. Rule 55.31 says a party can’t raise the absence of that demand as an objection unless it’s expressly pleaded as a defense in the answer or reply, and unless it comes with a tender of the amount or property due.
If the plaintiff chooses to keep prosecuting the case after that tender and ultimately recovers no more than what was tendered, the plaintiff has to pay all the costs of the case. The rule applies to claims for property just as much as claims for money — when property is tendered, any damages for its detention have to be tendered along with it.
Frequently Asked Questions
Can a defendant argue no demand was made before suit in Missouri?
Only if that objection is expressly pleaded in the answer or reply and accompanied by a tender of what’s owed.
What must accompany a no-demand objection?
A tender of the amount or thing due — the objection alone, without a tender, doesn’t satisfy the rule.
What happens if the plaintiff recovers no more than what was tendered?
The plaintiff must pay all the costs of the case if it recovers no more than the tendered amount after choosing to keep prosecuting.
Does this rule apply to property claims as well as money claims?
Yes, Rule 55.31 applies to actions for property as well as for money.
What are detention damages under this rule?
Damages for the detention of property, which must be tendered along with the property itself when property is at issue.
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: no demand made objectiontender before suitdemand requirement defense Missouricosts after tender of amount due