Rule 55.01 Pleading Required

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

I. Rule 55.01 Pleading Required

A. Text of Rule

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 leave is given to summon a person who was not an original party; 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.

B. Historical Note

None.

C. Cross-References

This Rule is patterned after § 509.010, RSMo 2000, and is substantially the same as Federal Rule of Civil Procedure 7(a).

D. Time Constraints

The time limitations for filing an answer to a petition, an answer to a cross-claim, and a reply to a counterclaim are stated in Rule 55.25:

• An answer to the petition—within 30 days after service or 45 days after first publication of notice

• An answer to a cross-claim—within 30 days

• A reply—within 20 days

E. Comment

The objective of pleadings is to present, define, and isolate the controverted issues and to advise the trial court and the parties of the issues to be tried. Walker v. Kansas City Star Co., 406 S.W.2d 44 (Mo. 1966); Midwestern Health Mgmt., Inc. v. Walker, 208 S.W.3d 295 (Mo. App. W.D. 2006). In Norman v. Wright, 100 S.W.3d 783, 784-85 (Mo. banc 2003), the Supreme Court, citing Walker, stated, "Pleadings present, define, and isolate the issues, so that the trial court and all parties have notice of the issues." "The purpose of a petition is to inform the defendant of the nature of the action lodged against him, advise him what he must defend against, and furnish the basis for a judgment." Chambers ex rel. Abel v. Rice, 858 S.W.2d 230, 232 (Mo. App. S.D. 1993). Although filing an answer is mandatory, until the plaintiff moves for a default judgment, a defendant remains free to appear and file an answer. Great W. Trading Co. v. Mercantile Trust Co. Nat'l Ass'n, 661 S.W.2d 40 (Mo. App. E.D. 1983).

A petition must allege "ultimate facts," as opposed to legal or factual conclusions. Ingle v. Case, 777 S.W.2d 301 (Mo. App. S.D. 1989). See the discussion below under Rule 55.05. While Missouri caselaw provides the ultimate determination of what technically needs to be pled, early reference to the Missouri Approved Jury Instructions also starts the creative juices flowing toward accumulation of evidence proving up what the...