Supreme Court of Missouri
en banc
December 18, 2017
Effective January 1, 2018
In re:
Correction of order of June 28, 2017, adopting new subdivisions (a), (b), and (c) of subdivision 55.22, entitled "Pleading Written Instrument, Assignments and Attorney Fees," of Rule 55, entitled "Pleadings and Motions."
ORDER
1. By order of June 28, 2017, this Court adopted a new subdivision 55.22 of Rule 55 to be effective January 1, 2018. The order is included in the July 11, 2017, advance sheets of the South Western Reporter, Third, Missouri Cases series, beginning at page Ct.R-1. The Court hereby corrects the order so that as corrected, effective January 1, 2018, subdivision 55.22 shall 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) or other written document(s) establishing the debt and ownership of the debt shall be recited verbatim in the pleading, or copies of the written assignment(s) or other written document(s) establishing the debt and ownership of the debt shall be attached to the pleading as exhibits. Parts of the assignment(s) or other ownership documents that relate solely to other debtors may be omitted.
(c) When a claim has been assigned or sold, 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) or other ownership documents that relate solely to other debtors may be omitted.
(b) When a claim has been assigned, the assignment(s) or other written document(s) establishing the debt and ownership of the debt shall be recited verbatim in the pleading, or copies of the written assignment(s) or other written document(s) establishing the debt and ownership of the debt shall be attached to the pleading as exhibits. Parts of the assignment(s) or other ownership documents that relate solely to other debtors may be omitted.
(c) When a claim has been assigned or sold, 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) or other ownership documents that relate solely to other debtors may be omitted.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice