Rule 55.13 – Averments as to Capacity or Authority of Parties to Sue or be Sued

May 13, 2021 | Civil Procedure, Missouri

It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the person shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.

Mo. R. Civ. P. 55.13

Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Committee Note – 1974

This is the same as prior Rule 55.15.

Compare: Rule 9(a) of the Federal Rules of Civil Procedure.