First Adopted: January 19, 1973
Most Recently Effective: January 01, 1994
Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings
55.13 | Averments as to Capacity or Authority of Parties to Sue or be Sued
It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the person shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.
Committee Note – 1974
This is the same as prior Rule 55.15.
(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)