Issue: STANDARD FOR MOTION TO DISMISS IN MISSOURI.
| Area of Law: | Litigation & Procedure |
| Keywords: | Motion to dismiss; Standard for granting motion |
| Jurisdiction: | Missouri |
| Cited Cases: | 524 S.W.2d 444 |
| Cited Statutes: | Mo. R. Civ. P. 55.27(a)(6) |
| Date: | 06/01/2001 |
A motion to dismiss pursuant to Mo. R. Civ. P. 55.27(a)(6) may be granted if, as a matter of law, the pleading fails to state a claim upon which relief may be granted. In passing on a motion to dismiss for failure to state a claim, the facts alleged are taken to be true and the pleader is entitled to all favorable inferences fairly deducible therefrom. If such facts and such inferences, viewed most favorably from plaintiff’s standpoint, show no ground for relief, the petition should be dismissed. See, e.g., Moseley v. City of Mountain Grove, 524 S.W.2d 444, 446 (Mo. Ct. App. 1975).
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