Rule 55.22 Pleading Written Instrument

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

XXII. Rule 55.22 Pleading Written Instrument

A. Text of Rule

When a claim or defense is founded upon a written instrument, the same may be pleaded according to legal effect, or may be recited at length in the pleading, or a copy may be attached to the pleading as an exhibit.

B. Historical Note

Rule 55.22 is substantially the same as prior Rule 55.24. The statutory predecessor of Rule 55.22 is § 509.230, RSMo 2000. Rule 55.22 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution. Rule 55.22 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.

C. Cross-References

See § 509.230, RSMo 2000.

D. Time Constraints

None.

E. Comment

To properly plead a written...