Rule 55 | Pleadings, Motions, and Hearings

55.01 | Pleading Required55.02 | Caption of Pleading – What Set Forth55.025 | Redaction Requirements55.03 | Signing of Pleadings, Motions and Other Papers; Appearance and Withdrawal of Counsel; Representations to Court; Sanctions55.04 | Technical Forms Not Required in Pleading55.05 | Pleading Setting Forth Claims for Relief Shall Contain What55.06 | Joinder of Claims and Remedies55.07 | Defenses – Form of Denials55.08 | Affirmative Defenses55.09 | Failure to Deny, Effect55.10 | Pleading in Alternative – Consistency55.11 | Averments, How Made55.12 | Adoption of Statements By Reference – Exhibits55.13 | Averments as to Capacity or Authority of Parties to Sue or be Sued55.14 | Partnership Deemed Confessed, Unless Denied55.15 | Particularity Required in All Averments of Fraud or Mistake55.16 | Averments and Denial of Conditions Precedent55.17 | Official Documents or Acts – Form of Pleading55.18 | Judgments and Decisions – Form of Pleading55.19 | Special and Punitive Damages55.20 | Libel and Slander Averments – Defenses55.21 | Pleading a Private Statute or Right Derived Therefrom, and Judicial Notice of Law of Other States55.22 | Pleading Written Instrument, Assignments and Attorney Fees55.23 | [REPEALED]55.24 | Pleadings, How Construed55.25 | Time of Pleading55.26 | Motions, Form of55.27 | Defenses and Objections – How Presented – By Pleading or Motion – Motion for Judgment on the Pleadings55.28 | Evidence on Motions55.29 | Place of Hearing and Acts in Chambers55.30 | Times and Places for Hearings to be Established – Use of Telephone or Video Conference – Oral Hearing – Submission on Written Statements Without Oral Hearing55.31 | Objection That No Demand Has Been Made Not Available, When55.32 | Counterclaim and Cross-Claim55.33 | Amended and Supplemental Pleadings55.34 | Remand of Case Removed to Federal Court

First Adopted: January 19, 1973

Most Recently Effective: July 01, 2010

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.01 | Pleading Required

There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if a person who was not an original party is summoned under the provisions of Rule 52.11; and there shall be a third-party answer, if a third-party petition is served. A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded. No other pleading shall be required except as ordered by the court.

Committee Note – 1974

This is substantially the same as prior Rule 55.01 with the addition of the second sentence to conform to Jaycox v. Brune, 434 S.W.2d 539 (Mo. 1968).



(Adopted January 19, 1973, effective September 1, 1973. Amended December 22, 2009, effective July 1, 2010.)

First Adopted: January 19, 1973

Most Recently Effective: July 01, 2024

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.02 | Caption of Pleading – What Set Forth

(a) Every pleading, motion, and other filing shall contain a caption setting forth the name of the court, the title of the civil action, the file number and a designation as in Rule 55.01. In the petition, the title of the civil action shall include the names of all the parties, but in all other filings, it is sufficient to state the name of the first party on each side with an appropriate indication that there are additional parties.

(b) All pleadings, motions, and other filings shall be filed in text searchable PDF, except those filed by parties ineligible for electronic filing, and shall conform to the following provisions:

(1) Documents shall be legible, formatted for pages of size 8 1/2 X 11 inches, and have all pages, including the cover page, consecutively paginated using Arabic numerals at the bottom.

(2) Documents shall have a left, right, top, and bottom margin of not less than one inch and shall have line spacing not less than 1.5, except that the following may be single-spaced: the caption; headings; quotations more than two lines long; footnotes; certificate of service; and signature block. Page numbers may appear in the bottom margin, but no other text may appear in the margins.

(3) The font, including footnotes, shall not be smaller than 13 point, Times New Roman.

(c) Format and Filing of Paper Documents by Parties Ineligible to File Documents Through the Electronic Filing System – Generally. Documents filed on paper shall conform to the following provisions:

(1) Documents shall be printed on one side of paper, size 8 1/2 X 11 inches;

(2) Documents shall be secured by affixing a temporary binding such as a rubber band or a binder clip but not with adhesive tape, staples, spiral binding, or edge sealing products; and

(3) An exhibit may be on paper larger than size 8 1/2 X 11 inches.


(Adopted January 19, 1973, effective September 1, 1973. Amended August 15, 2023, effective July 1, 2024.)

First Adopted: June 28, 2022

Most Recently Effective: July 01, 2023

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.025 | Redaction Requirements

(a) Redaction of Confidential Information. Unless otherwise ordered by the court, any counsel, party, or other person offering a document for filing in any court shall redact information that is confidential pursuant to statute, court rule or order, or other law. Such confidential information can include, but is not limited to: 

(1) Social security numbers, driver's license numbers, state identification numbers, taxpayer identification numbers, and passport numbers; 

(2) Financial institution account numbers, credit or debit card numbers, personal identification numbers, or passwords used to secure any such accounts or cards; 

(3) Names, addresses, and contact information of informants, victims, witnesses, and persons protected under orders of protection or restraining orders; 

(4) Dates of birth;

(5) Names of individuals known to be minors; and 

(6) Case numbers of confidential, expunged, or sealed records.

Filers should also exercise caution when filing documents that include medical records, employment history, financial records, proprietary information, or trade secrets.

(b) Responsibility for Redacting. For all documents offered for filing in any court, the responsibility for redacting confidential information rests solely with the counsel, party, or other person filing the document.

(c) Manner of Redacting. All redactions shall be done in a manner that makes it clear that the information has been redacted. If necessary to reference the redacted information in a redacted document, filers shall use generic descriptors.

(d) Redacted Information – How Provided. When a filer redacts information from a document offered for filing in any court, the filer also must contemporaneously file a confidential redacted information filing sheet that either: 

(1) has the unredacted version of the document attached thereto; or

(2) sets out the information redacted from the document and explains either where the information was redacted from in the document or the generic descriptors used in the document to reference the redacted information.

(e) Certification. All filers shall affirmatively certify compliance with the redaction requirements in this Rule when a document is filed. This certification shall be accomplished through an automated process implemented in the electronic filing system for its authorized users or, for filers who are not authorized users of the electronic filing system, by a paper form attached to the document or on the document itself.


(Adopted June 28, 2022, effective July 1, 2023.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2023

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.03 | Signing of Pleadings, Motions and Other Papers; Appearance and Withdrawal of Counsel; Representations to Court; Sanctions

(a) Signature Required. Every pleading, motion, and other filing shall be signed by at least one attorney of record in the attorney's individual name or by the self-represented party. An attorney who assists in the preparation of a pleading, motion, or other filing for an otherwise self-represented person is not required to sign the document. Every filing made electronically must add a certificate verifying that the attorney or party signed the original. The original signed filing must be maintained by the filer for a period of not less than the maximum allowable time to complete the appellate process.

Below the signature shall be printed the signer's name, Missouri bar number (if applicable), address, telephone number, facsimile number, and electronic mail address, if any.

An unsigned filing or an electronic filing without the required certification shall be stricken unless the omission is corrected promptly after being called to the attention of the attorney or party filing same.

(b) Entry of Appearance of Counsel. An attorney who appears in a case shall be considered as representing the parties for whom the attorney appears for all purposes in that case, except as otherwise provided in a written entry of limited appearance. If an entry of limited appearance is filed, service shall be made as provided in Rule 43.01(b).

An attorney appears in a case by:

(1) Participating in any proceeding as counsel for any party unless limited by an entry of limited appearance;

(2) Signing the attorney's name on any pleading, motion, or other filing; however, if an attorney is identified on a pleading, motion, or other filing as having only assisted in the preparation of the pleading, motion, or other filing, the attorney has not entered an appearance in the matter; or

(3) Filing a written entry of appearance. A written entry of appearance may be limited by its terms to a particular proceeding or matter and may be further limited to a particular time or for a particular purpose within that proceeding or matter. If so limited, the written entry of appearance shall be titled "Entry of Limited Appearance" and shall state the physical and mailing addresses, telephone number, facsimile number, and electronic mail address, if any, of each person for whom the attorney is making a limited appearance.

(c) Representation to the Court. By presenting and maintaining a claim, defense, request, demand, objection, contention, or argument in a pleading, motion, or other paper filed with or submitted to the court, an attorney or party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that:

(1) The claim, defense, request, demand, objection, contention, or argument is not presented or maintained for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. An attorney providing drafting assistance may rely on the otherwise self-represented person's representation of facts, unless the attorney knows that such representations are false; and

(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(d) Sanctions. If after notice and a reasonable opportunity to respond the court finds that Rule 55.03(c) has been violated, the court, subject to the conditions below, may impose an appropriate sanction upon the lawyers, law firms, or parties that have committed or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this Rule 55.03 shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate Rule 55.03(c). The motion shall be served as provided in Rule 43.01. The motion shall not be filed with or presented to the court unless, within 30 days after service of the motion, the challenged claim, defense, request, demand, objection, contention, or argument is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in representing or opposing the motion. Absent exceptional circumstances a law firm shall be held jointly responsible for violations committed by its partners, associates, or employees.

(B) On Court's Initiative. On its own initiative the court may enter an order describing the specific conduct that appears to violate Rule 55.03(c) and directing a lawyer, law firm or party to withdraw or correct the questioned claim, defense, request, demand, objection, contention or argument or to show cause why it has not violated the rule with respect thereto.

(2) Nature of Sanction – Limitations. A sanction imposed for violation of this Rule 55.03 shall be limited to that which is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. Subject to the limitations in Rule 55.03(d)(1), the sanction may consist of or include directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions shall not be awarded against a represented party for a violation of Rule 55.03(c)(2).

(B) Monetary sanctions shall not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose lawyers are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this Rule 55.03 and explain the basis for the sanction imposed.

(e) Withdrawal of Counsel. An attorney may withdraw from a case:

(1) When a matter is completed, upon filing a withdrawal memorandum demonstrating that there are no pending claims or issues in the matter;

(2) When a matter is not completed, with leave of court after filing a motion to withdraw showing compliance with Rule 4-1.16; or

(3) Upon the filing of a "Termination of Limited Appearance" by an attorney who had filed an entry of limited appearance. The "Termination of Limited Appearance" shall demonstrate that the attorney has completed the duties set out in the entry of limited appearance.

Withdrawal memoranda, motions to withdraw, and notices of Termination of Limited Appearance shall include the client’s last known address and shall be served on the client in addition to all others required to be served.

(f) Inapplicability to Discovery. This Rule 55.03 does not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 56 to 61.

(g) Sanctions for Conduct in Prior Action. If conduct constituting a violation of Rule 55.03(c) occurs but the civil action is dismissed and if a civil action based upon or including the same claim against the same party is thereafter filed, the court, on its own motion or on motion of a party to the first action, may impose an appropriate sanction in the second action for the violation of Rule 55.03(c). The sanction shall be imposed in the manner provided by Rule 55.03(d). In determining the sanction to impose, the court shall consider the costs and expenses incurred in the action previously dismissed, including the reasonable attorney's fees incurred in the first action.


(Adopted January 19, 1973, effective September 1, 1973. Amended November 21, 1985, effective July 1, 1986; amended June 1, 1993, effective January 1, 1994; June 17, 2004, effective January 1, 2005; amended December 21, 2007, effective July 1, 2008; amended June 23, 2008, effective July 1, 2008; amended December 22, 2009, effective July 1, 2010; amended December 27, 2012, effective July 1, 2013; amended June 28, 2022, effective January 1, 2023.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.04 | Technical Forms Not Required in Pleading

Each averment of a pleading shall be simple, concise and direct. No technical forms of pleading or motions are required.

Committee Note – 1974

This is the same as prior Rule 55.05.



(Adopted January 19, 1973, effective September 1, 1973.) 

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1995

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.05 | Pleading Setting Forth Claims for Relief Shall Contain What

A pleading that sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the facts showing that the pleader is entitled to relief and (2) a demand for judgment for the relief to which the pleader claims to be entitled. An initial pleading filed in the family court division of the circuit court shall have attached thereto a certificate stating whether any other case involving any party to the action or any child of such party has been filed in the family court division and, if so, the certificate shall identify to the extent known by style and case number every other case in the family court division, whether pending or previously adjudicated, involving any such party or child. If a recovery of money be demanded, the amount shall be stated, except that in actions for damages based upon an alleged tort, no dollar amount shall be included in the demand except to determine the proper jurisdictional authority, but the prayer shall be for such damages as are fair and reasonable. A party may argue at trial that a specific amount of damages should be awarded even though the prayer is for a fair and reasonable amount. Relief in the alternative or of several different types may be demanded.


(Adopted January 19, 1973, effective September 1, 1973. Amended May 22, 1987, by Laws 1976, p. 837, § 1, effective January 1, 1988, with notation that amendment may be followed after July 1, 1987; amended June 1, 1993, effective January 1, 1994; amended March 22, 1994, effective January 1, 1995.)

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

55.06 | Joinder of Claims and Remedies

(a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.

(b) Joinder of Remedies; Fraudulent Conveyances. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. For example, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.

Committee Note – 1974

This Rule supersedes prior Rules 55.07 and 55.08. Paragraph (a) is the same as Rule 18(a) of the Federal Rules of Civil Procedure with "maritime" deleted. Paragraph (b) is the same as Rule 18(b) of the Federal Rules of Civil Procedure.

The change is the deletion of references to joinder of parties rules in prior Rule 55.07.


(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)

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

55.07 | Defenses – Form of Denials

If a responding party has knowledge or information sufficient to form a belief as to the truth of an averment, the party shall admit or deny the specific averment. If the responding party is without knowledge or information sufficient to form a belief as to the truth of a specific averment, the party shall so state, and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a party intends in good faith to deny only a part or a qualification of an averment, the party shall specify so much of it as is true and shall deny only the remainder. A party shall respond to all specific averments as provided in this Rule 55.07 and shall not generally deny all the specific averments.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

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

55.08 | Affirmative Defenses

In pleading to a preceding pleading, a party shall set forth all applicable affirmative defenses and avoidances, including but not limited to accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, comparative fault, state of the art as provided by statute, seller in the stream of commerce as provided by statute, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, truth in defamation, waiver, and any other matter constituting an avoidance or affirmative defense. A pleading that sets forth an affirmative defense or avoidance shall contain a short and plain statement of the facts showing that the pleader is entitled to the defense or avoidance. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court may treat the pleadings as if there had been a proper designation.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

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

55.09 | Failure to Deny, Effect

Specific averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings. Specific averments in a pleading to which no responsive pleading is required shall be taken as denied.

Committee Note – 1974

This is substantially the same as prior Rule 55.11.

The phrase "or avoided" in the prior rule was deleted because of the change in Rule 55.01 requiring a reply when matters are to be avoided.



(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

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

55.10 | Pleading in Alternative – Consistency

A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds.

Committee Note – 1974

The source is prior Rule 55.12. The phrase 'regardless of consistency' has been added.



(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.11 | Averments, How Made

All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

Committee Note – 1974

This is the same as prior Rule 55.13.



(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.12 | Adoption of Statements By Reference – Exhibits

Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. An exhibit to a pleading is a part thereof for all purposes.

Committee Note – 1974

This is the same as prior Rule 55.14.



(Adopted January 19, 1973, effective September 1, 1973.)

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.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.14 | Partnership Deemed Confessed, Unless Denied

When parties sue or are sued as a partnership, and the names of the partners are set forth in the petition or counterclaim, the existence of the partnership shall be deemed confessed unless it be denied by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

Committee Note – 1974

This is the same as prior Rule 55.16


(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.15 | Particularity Required in All Averments of Fraud or Mistake

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and any other condition of mind of a person may be averred generally.

Committee Note – 1974

This is the same as prior Rule 55.17.



(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.16 | Averments and Denial of Conditions Precedent

In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

Committee Note – 1974

This is the same as Rule 9(c) of the Federal Rules of Civil Procedure and substantially the same as prior Rule 55.18. The following clause in prior Rule 55.18 was deleted:
"... and when so made, the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence."


(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.17 | Official Documents or Acts – Form of Pleading

In pleading an official document or official act it is sufficient to aver that the document was issued or that the act was done in compliance with law.

Committee Note – 1974

This is the same as prior Rule 55.19.



(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.18 | Judgments and Decisions – Form of Pleading

In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

Committee Note – 1974

This is the same as Rule 9(e) of the Federal Rules of Civil Procedure and substantially the same as prior Rule 55.20. The following sentence in prior Rule 55.20 was deleted:
"If such allegations be controverted, the party pleading them shall establish on the trial the facts conferring jurisdiction."


(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1988

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.19 | Special and Punitive Damages

When items of special damage are claimed, they shall be specifically stated. In actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages sought to be recovered. In actions for such damages based upon an alleged tort, no dollar amount or figure shall be included in the demand, but the prayer shall be for such damages as are fair and reasonable.

Committee Note – 1974

This is the same as prior Rule 55.21.



(Adopted January 19, 1973, effective September 1, 1973. Amended May 22, 1987, effective January 1, 1988.)

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

55.20 | Libel and Slander Averments – Defenses

In an action for libel and slander, it shall not be necessary to state in the petition any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in the answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether the defendant proves the justification or not, the defendant may give in evidence any mitigating circumstances.

Committee Note – 1974

This is the same as prior Rule 55.22.


(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.21 | Pleading a Private Statute or Right Derived Therefrom, and Judicial Notice of Law of Other States

(a) Pleading Private Statute or Right – Judicial Notice. In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the place where found in the session acts or in the Revised Statutes, and the court shall thereupon take judicial notice thereof.

(b) Judicial Notice – Law of Other States. In every action or proceeding wherein the pleading states that the law of another state is relied upon or contains allegations which show that the law of another state must be applied, the courts of this state shall take judicial notice of the public statutes and judicial decisions of said state. The court may inform itself of such laws in such manner as it may deem proper, and may call upon counsel to aid it in obtaining such information.

Committee Note – 1974

This is the same as prior Rule 55.23.


(Adopted January 19, 1973, effective September 1, 1973.)

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.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2018

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.23 | [REPEALED]

[Repealed effective January 1, 2018.]


(Adopted January 19, 1973, effective September 1, 1973. Repealed June 28, 2017, effective January 1, 2018.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.24 | Pleadings, How Construed

All pleadings shall be so construed as to do substantial justice.

Committee Note – 1974

This is the same as prior Rule 55.26.



(Adopted January 19, 1973, effective September 1, 1973.)

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

55.25 | Time of Pleading

(a) Answer – When Filed. A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed in the case or within forty-five days after the first publication of notice if neither personal service nor service by mail is had.

(b) Answer to Cross-Claim and Reply to Counterclaim and Other Replies – When Filed. If a cross-claim is filed against a party, the party shall file answer thereto within thirty days after the same is filed. A reply shall be filed within thirty days after the filing of the pleading to which it is directed. If a reply is ordered by the court, it shall be filed within twenty days after the entry of the order unless the order otherwise directs.

(c) Effect of Filing Motions on Time to Plead. The filing of any motion provided for in Rule 55.27 alters the time fixed for filing any required responsive pleadings as follows, unless a different time is fixed by order of the court: If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be filed within ten days after notice of the court's action; if the court grants a motion for a more definite statement the responsive pleading shall be filed within ten days after the filing of the more definite statement. In either case the time for filing of the responsive pleading shall be no less than remains of the time which would have been allowed under this Rule if the motion had not been made.

(d) Amendments Affecting Parties in Default. When Rule 43.01(a) requires the service of new or amended pleadings upon a party in default, the party in default shall appear and defend within the same time as is required after the original service of process of like character.


(Adopted January 19, 1973, effective September 1, 1973. Amended May 6, 1976, effective January 1, 1977; amended June 14, 1988, effective January 1, 1989; amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: July 01, 2024

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.26 | Motions, Form of

An application to the court for an order shall be by motion that, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The provisions of other rules related to matters of form of pleading apply to all motions and other filings provided for by these Rules. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.


(Adopted January 19, 1973, effective September 1, 1973. Amended August 15, 2023, effective July 1, 2024.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2012

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.27 | Defenses and Objections – How Presented – By Pleading or Motion – Motion for Judgment on the Pleadings

(a) How Presented. Every defense, in law or fact, to a claim in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:

(1) Lack of jurisdiction over the subject matter,

(2) Lack of jurisdiction over the person,

(3) That plaintiff does not have legal capacity to sue,

(4) Insufficiency of process,

(5) Insufficiency of service of process,

(6) Failure to state a claim upon which relief can be granted,

(7) Failure to join a party under Rule 52.04,

(8) That plaintiff should furnish security for costs,

(9) That there is another action pending between the same parties for the same cause in this state,

(10) That several claims have been improperly united,

(11) That the counterclaim or cross-claim is one which cannot be properly interposed in this action.

A motion making any of these defenses shall be made:

(A) Within the time allowed for responding to the opposing party's pleading, or

(B) If no responsive pleading is permitted, within thirty days after the service of the last pleading.

Motions and pleadings may be filed simultaneously without waiver of the matters contained in either.

No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to the claim for relief.

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04. All parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 74.04.

(b) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04, and all parties shall be given reasonable opportunity to present all materials made pertinent to such a motion by Rule 74.04.

(c) Preliminary Hearings. The defenses specifically enumerated (1)-(11) in subdivision (a) of this Rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (b) of this Rule shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.

(d) Motion for More Definite Statement. A party may move for a more definite statement of any matter contained in a pleading that is not averred with sufficient definiteness or particularity to enable the party properly to prepare responsive pleadings or to prepare generally for trial when a responsive pleading is not required. If the motion is granted and the order of the court is not obeyed within ten days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

(e) Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within thirty days after the service of the pleading upon any party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

(f) Consolidation of Defenses in Motion. A party who makes a motion under this Rule 55.27 may join with it any other motions herein provided for and then available to the party. If a party makes a motion under this Rule 55.27 but omits therefrom any defense or objection then available that this Rule 55.27 permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in Rule 55.27(g)(2) on any of the grounds there stated.

(g) Waiver or Preservation of Certain Defenses.

(1) A defense of:

(A) Lack of jurisdiction over the person,

(B) Insufficiency of process,

(C) Insufficiency of service of process,

(D) That plaintiff should furnish security for costs,

(E) That plaintiff does not have legal capacity to sue,

(F) That there is another action pending between the same parties for the same cause in this state,

(G) That several claims have been improperly united, or

(H) That the counterclaim or cross-claim is one which cannot be properly interposed in this action, is waived if it is:

(a) Omitted from a motion in the circumstances described in Rule 55.27(f), or

(b) Neither made by motion under this Rule 55.27 nor included in a responsive pleading.

(2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 52.04, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 55.01 or by motion for judgment on the pleadings.

(3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended May 26, 2000, effective January 1, 2001; amended June 21, 2002, effective January 1, 2003; amended June 23, 2008, effective July 1, 2008; amended June 28, 2011, effective January 1, 2012.)

First Adopted: January 01, 1973

Most Recently Effective: September 01, 1973

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.28 | Evidence on Motions

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

Committee Note – 1974

This is the same as Rule 43(e) of the Federal Rules of Civil Procedure. It is broader than prior Rule 55.31(b) as it allows the use of oral testimony and depositions as well as affidavits.


(Adopted January 19, 1973, effective September 1, 1973.)

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

55.29 | Place of Hearing and Acts in Chambers

All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials, and at any place either within or without the county where the action is pending, but no trial or evidentiary hearing, other than an authorized  ex parte hearing, shall be conducted outside the county where the case is pending without the consent of all parties affected thereby.


(Adopted January 19, 1973, effective September  1, 1973. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: July 01, 2022

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.30 | Times and Places for Hearings to be Established – Use of Telephone or Video Conference – Oral Hearing – Submission on Written Statements Without Oral Hearing

(a) Times and Places. Unless local conditions make it impracticable, each court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions and other matters requiring notice and hearing may be heard and disposed of; but the court at any time or place and on such notice, if any, as it considers reasonable may make orders to advance or hear motions and other matters.

(b) Use of Telephone or Video Conferencing – Oral Hearing. The court may conduct hearings on matters that do not require testimony by telephone or video conferencing. The court may also conduct hearings on matters that require testimony by telephone or video conferencing only by agreement of the parties or by order of the court on good cause shown.

(c) Submission Without Oral Argument. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and in opposition.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 24, 1982, effective January 1, 1983; amended November 23, 2021, effective July 1, 2022.)

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

55.31 | Objection That No Demand Has Been Made Not Available, When

A party cannot object that no demand for the subject matter of a civil action was made prior to its institution unless it is expressly set up by way of defense in the answer or reply and is also accompanied with a tender of the amount or thing that is due; in which case, if the plaintiff will further prosecute the civil action and shall not recover a greater sum or more than is tendered, the plaintiff shall pay all costs. This provision is applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

Committee Note – 1974

This is the same as prior Rule 55.44


(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2006

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.32 | Counterclaim and Cross-Claim

(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim that at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if:

(1) At the time the action was commenced the claim was the subject of another pending action;

(2) The opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 55.32; or

(3) The opposing party brought suit for the purpose of obtaining court approval of a settlement when such approval is required by statute.

(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

(d) Counterclaim Maturing or Acquired After Pleading. A claim that either matured or was acquired by the pleader after serving the pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.

(e) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect or when justice requires, the counterclaim may be set up by amendment by leave of court.

(f) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

(g) Joinder of Additional Parties. Parties other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of Rules 52.04 and 52.05.

(h) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 66.02 judgment on a counter-claim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.

Committee Note – 1974

This rule is substantially the same as Rule 13 of the Federal Rules of Civil Procedure and supersedes prior Rules 55.45, 55.46, 55.47, 55.48, 55.49, 55.50 and 55.51.

Paragraph (a) is substantially the same as prior Rule 55.45(a) with the addition of the following:
"... (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleading is not stating any counterclaim under this Rule."

Paragraph (b) is substantially the same as prior Rule 55.45(b).

Paragraph (c) is the same as prior Rule 55.46.

Paragraph (d) is the same as prior Rule 55.47.

Paragraph (e) is the same as prior Rule 55.48.

Paragraph (f) is the same as prior Rule 55.49.

Paragraph (g) is substantially the same as prior Rule 55.50.

Paragraph (h) is the same as prior Rule 55.51.


(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994; amended June 21, 2005, effective January 1, 2006.)

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

55.33 | Amended and Supplemental Pleadings

(a) Amendments. A pleading may be amended once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the pleading may be amended at any time within thirty days after it is served. Otherwise, the pleading may be amended only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

(b) Amendments to Conform to the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would cause prejudice in maintaining the action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.

(c) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and within the period provided by law for commencing the action against the party and serving notice of the action, the party to be brought in by amendment: (1) has received such notice of the institution of the action as will not prejudice the party in maintaining the party's defense on the merits and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

(d) Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit service of a supplemental pleading setting forth transactions or occurrences or events that have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 24, 1986, corrected December 1, 1986, effective January 1, 1987; amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994.)

First Adopted: April 27, 1999

Most Recently Effective: January 01, 2000

Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings

55.34 | Remand of Case Removed to Federal Court

(a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.

(b) Within thirty days after the date of the order of remand, the plaintiff shall file a list of all documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court. Within forty days after the date of the order of remand, any other party shall file a list of any other documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court.

(c) Any discovery that occurred in the federal court action is deemed to have occurred in the state court action.


(Adopted April 27, 1999, effective January 1, 2000.)