Rule 55.25 Time of Pleading

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

XXV. Rule 55.25 Time of Pleading

A. Text of Rule

(a) Answer—When Filed. A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed in the case or within forty-five days after the first publication of notice if neither personal service nor service by mail is had.

(b) Answer to Cross-Claim and Reply to Counterclaim and Other Replies—When Filed. If a cross-claim is filed against a party, the party shall file answer thereto within thirty days after the same is filed. A reply shall be filed within thirty days after the filing of the pleading to which it is directed. If a reply is ordered by the court, it shall be filed within twenty days after the entry of the order unless the order otherwise directs.

(c) Effect of Filing Motions on Time to Plead. The filing of any motion provided for in Rule 55.27 alters the time fixed for filing any required responsive pleadings as follows, unless a different time is fixed by order of the court: If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be filed within ten days after notice of the court's action; if the court grants a motion for a more definite statement the responsive pleading shall be filed within ten days after the filing of the more definite statement. In either case the time for filing of the responsive pleading shall be no less than remains of the time which would have been allowed under this Rule if the motion had not been made.

(d) Amendments Affecting Parties in Default. When Rule 43.01(a) requires the service of new or amended pleadings upon a party in default, the party in default shall appear and defend within the same time as is required after the original service of process of like character.

B. Historical Note

This Rule was adopted in 1973 and amended in 1976, 1988, and twice in 1993. The statutory predecessor of Rule 55.25 is § 509.260, RSMo 2000. Rule 55.25 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution. Rule 55.25 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

This Rule is similar to § 509.260, RSMo 2000. Cf. Fed. R. Civ. P. 12(a); see Rules 43.01, 44.01, 55.01, and 55.27; see also Rule 74.05 (regarding setting aside of default judgments).

D. Time Constraints

Answers must be filed within 30 days after service, 30 days after the acknowledgment of receipt of summons and petition or a mail receipt is filed, or 45 days...