Rule 55.23 Execution of Written Instrument Deemed Confessed—When

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

XXIII. Rule 55.23 Execution of Written Instrument Deemed Confessed—When

A. Text of Rule

When any claim or defense is founded upon a written instrument and the same shall be set up at length in the pleading or a copy attached thereto as an exhibit, the execution of such instrument shall be deemed confessed unless the party charged to have executed the same shall specifically deny the execution thereof.

B. Historical Note

Rule 55.23 is substantially the same as former Rule 55.25. The statutory predecessor of Rule 55.23 is § 509.240, RSMo 2000. Rule 55.23 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution. Rule 55.23 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 § 509.240, RSMo 2000.

D. Time Constraints

None.

E. Comment

When a claim or defense...