Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision (d) of subdivision 41.01, entitled "Rules – When Applicable," of Rule 41, entitled "General," and in lieu thereof adoption of a new subdivision (d) of subdivision 41.01, entitled "Rules – When Applicable and
Conclusions – Judgment."

(2) Repeal of subdivision 55.22, entitled "Pleading Written Instrument," of Rule 55, entitled "Pleadings and Motions," and in lieu thereof adoption of new subdivisions (a), (b), and (c) of subdivision 55.22, entitled ""Pleading Written Instrument, Assignments and Attorney Fees."

(3) Repeal of subdivision 55.23, entitled "Execution of Written Instrument Deemed Confessed – When," of Rule 55, entitled "Pleadings and Motions."

1. It is ordered that effective January 1, 2018, subdivision (d) of subdivision 41.01, of Rule 41 be and the same is hereby repealed and a new subdivision (d) of subdivision 41.01 adopted in lieu thereof to read as follows:

41.01. RULES - WHEN APPLICABLE

(d) Civil actions pending in the associate circuit division shall be governed by Rules 41 through 101 except where otherwise provided by law. No such law shall affect the application of Rule 55.03 or 55.22. When portions of Rule 55 do not apply to an action originally filed in the associate circuit division, the subsequent transfer of the action to the circuit division shall not make those portions of Rule 55 applicable unless ordered by the circuit division. Any such order shall specify the subdivisions of Rule 55 to be applied and a time for compliance with the order. The order shall be served upon all of the parties.

2 It is ordered that effective January 1, 2018, subdivision 55.22 of Rule 55 be and the same is hereby repealed and new subdivisions (a), (b), and (c) of subdivision 55.22 adopted in lieu thereof to read as follows:

55.22. PLEADING WRITTEN INSTRUMENT, ASSIGNMENTS AND ATTORNEY FEES

(a) When a claim or defense is founded upon a written instrument, the same shall be recited verbatim in the pleading or a copy shall be attached to the pleading as an exhibit.

(b) When a claim has been assigned, the assignment(s) shall be recited verbatim in the pleading or copies of the written assignment(s) shall be attached to the pleading as exhibits. Parts of the assignment(s) that relate solely to other debtors may be omitted.

(c) When a claim has been assigned, the legal basis of a claim for attorney fees shall be recited verbatim in the pleading or a copy of the written instrument upon which a claim is founded shall be attached to the pleading as an exhibit. Parts of the assignment(s) that relate solely to other debtors may be omitted.

3. It is ordered that effective January 1, 2018, subdivision 55.23 of Rule 55 be and the same is hereby repealed.

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

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PATRICIA BRECKENRIDGE
Chief Justice