Rule 55.01 – Pleading Required

May 13, 2021 | Civil Procedure, Missouri

There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if a person who was not an original party is summoned under the provisions of Rule 52.11; and there shall be a third-party answer, if a third-party petition is served. A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded. No other pleading shall be required except as ordered by the court.

Mo. R. Civ. P. 55.01

Adopted Jan. 19, 1973, eff. Sept. 1, 1973, eff. July 1, 2010.

Committee Note – 1974

This is substantially the same as prior Rule 55.01 with the addition of the second sentence to conform to Jaycox v. Brune 434 S.W.2d 539 (Mo.1968).

Compare: Rule 7(a) of the Federal Rules of Civil Procedure.