Rule 55.02 Caption of Pleading—What Set Forth

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

II. Rule 55.02 Caption of Pleading—What Set Forth

A. Text of Rule

Every pleading 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 other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

B. Historical Note

None.

C. Cross-References

This rule is patterned after § 509.020, RSMo 2000, and is substantially the same as Federal Rule of Civil Procedure 10(a).

D. Time Constraints

None.

E. Comment

Rule 55.02 requires that the caption include the names of all parties. Jones Holding Co. v. Walker, 792 S.W.2d 61 (Mo. App. W.D. 1990). In Pharmacology Research Corp. v. Missouri Division of Employment Security, 755 S.W.2d 250 (Mo. App. W.D. 1988), the court stated that cases in which it is found that a party is named by a reference only in the petition and not in the caption are the exception to the rule. Rule 55.02 requires that the title of the civil action be stated in the caption, including the names of all parties. The Rule applies to what must be contained in a petition and not what must be contained in...