Rule 55.05 Pleading Setting Forth Claims for Relief Shall Contain What

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

V. Rule 55.05 Pleading Setting Forth Claims for Relief Shall Contain What

A. Text of Rule

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.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.050, RSMo 2000, and should be contrasted with Federal Rule of Civil Procedure 8(a), which permits "notice pleading." Rule 55.05 was amended effective January 1, 1995. The amendment applies to cases filed in the family court division and imposes an affirmative obligation on attorneys filing pleadings in that division to include a certificate identifying any other cases in the division "involving any party to the action or any child of such party."

D. Time Constraints

None.

E. Comment

Rule 55.05 requires that the petition must contain "a short and plain statement of the facts," meaning that a party must identify the facts on which their claim rests. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 379 (Mo. banc 1993). In contrast to the federal rules, Missouri requires "fact pleading," which requires a party to plead "ultimate facts" as opposed to factual or legal conclusions. "Missouri rules of civil procedure demand more than mere conclusions that the pleader alleges without supporting facts." Transit Cas. Co. ex rel. Pulitzer Publ'g Co. v. Transit Cas. Co., 43 S.W.3d 293, 302 (Mo. banc 2001).

Ultimate facts are defined as "issuable, constitutive, or traversable facts essential to the statement of the cause of action." Musser v. Musser, 221 S.W. 46, 50 (Mo. 1920). From a practical standpoint, the facts pleaded must provide the opponent with sufficient information to know the character of the evidence to be introduced at trial and the issues to be tried. Einhaus v. O. Ames Co., 547 S.W.2d 821, 825 (Mo. App. E.D. 1976). The necessity of pleading ultimate facts applies not only to the plaintiff, but also to a defendant pleading an affirmative defense. ITT Commercial Fin., 854 S.W.2d 371. See the discussion under Rule 55.08 below. Although Missouri is a "fact pleading" state, a petition will be deemed insufficient only when it completely fails to state a cause of action by failing to allege facts essential to recovery. Jones v. St. Charles County, 181 S.W.3d 197, 202 (Mo...