First Adopted: January 19, 1973
Most Recently Effective: July 01, 2021
Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings
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.
(d) A court may, upon motion of a party or of its own accord, dismiss a cause of action without prejudice for failure to comply with paragraphs (a) through (c) of this Rule.
(Adopted January 19, 1973, effective September 1, 1973. Amended June 28, 2017, corrected December 18, 2017, effective January 1, 2018; amended December 22, 2020, effective July 1, 2021.)