Rule 55.09 Failure to Deny, Effect

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

IX. Rule 55.09 Failure to Deny, Effect

A. Text of Rule

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.

B. Historical Note

The Rule was amended technically and substantively on June 1, 1993, effective January 1, 1994. The term "averments" in the former Rule has been changed to "[s]pecific averments," echoing the related change in the language of Rule 55.07. The authors believe that this is a change in form in that an "averment" has always been considered a...