Rule 55.21 Pleading a Private Statute or Right Derived Therefrom, and Judicial Notice of Law of Other States

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

XXI. Rule 55.21 Pleading a Private Statute or Right Derived Therefrom, and Judicial Notice of Law of Other States

A. Text of Rule

(a) Pleading Private Statute or Right—Judicial Notice. In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the place where found in the session acts or in the Revised Statutes, and the court shall thereupon take judicial notice thereof.

(b) Judicial Notice—Law of Other States. In every action or proceeding wherein the pleading states that the law of another state is relied upon or contains allegations which show that the law of another state must be applied, the courts of this state shall take judicial notice of the public statutes and judicial decisions of said state. The court may inform itself of such laws in such manner as it may deem proper, and may call upon counsel to aid it in obtaining such information.

B. Historical Note

Rule 55.21 is the same as former Rule 55.23. The statutory predecessor of Rule 55.21 is § 509.220, RSMo 2000. Rule 55.21 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution. Rule 55.21 supersedes the predecessor statute when they are inconsistent. See State ex rel. Peabody Coal Co. v. Powell, 574 S.W.2d 423, 426 (Mo. banc 1978); see also Rule 41.02.

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