Rule 55.14 Partnership Deemed Confessed, Unless Denied

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

XIV. Rule 55.14 Partnership Deemed Confessed, Unless Denied

A. Text of Rule

When parties sue or are sued as a partnership, and the names of the partners are set forth in the petition or counterclaim, the existence of the partnership shall be deemed confessed unless it be denied by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.150, RSMo 2000. No comparable federal rule exists.

D. Time Constraints

None.

E. Comment

This Rule is similar to Rule 55.13. The purpose of it is to avoid the burdensome process of proving the existence of a partnership when its existence is not questioned...