Rule 55.12 Adoption of Statements by Reference—Exhibits

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

XII. Rule 55.12 Adoption of Statements by Reference—Exhibits

A. Text of Rule

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.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.130, RSMo 2000. Cf. Fed. R. Civ. P. 10(c).

D. Time Constraints

None.

E. Comment

1. Generally

For the sake of convenience, statements are often adopted or incorporated by reference, rather than repeated verbatim. This is usually done with repetitive allegations in different counts of a petition. Counsel should note that Rule 55.12 permits counsel to incorporate statements from one pleading into another pleading or a motion.

When incorporating statements, counsel should be careful to specify what is being incorporated. In Hester v. Barnett, 723 S.W.2d 544, 561 (Mo. App. W.D. 1987), the court upheld dismissal of a count claiming intentional infliction of emotional distress. The factual support for that count was simply a reference that the defendant did "those actions described specifically in other Counts." Because the language was not clear as to what was being incorporated, the court held that it was not effective as an incorporation and therefore had to be disregarded in determining whether the count stated a cause of action. Bereft of the allegations from the other counts, the count for emotional distress no longer stated a cause of action and was properly dismissed. The court pointed out that the problem easily could have been avoided by specifying (by number or letter) the allegations to be incorporated.

Counsel should consider the effect of a blanket...