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Rule 55.22 – Pleading Written Instrument, Assignments and Attorney Fees [Effective July 1, 2021]

May 13, 2021 | Civil Procedure, Missouri

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.

(a) When a claim or defense is founded upon a written instrument, the same shall be recited verbatim in the pleading, or a copy shall be attached to the pleading as an exhibit.
(b) When a claim has been assigned, the assignment(s) or other written document(s) establishing the debt and ownership of the debt shall be recited verbatim in the pleading, or copies of the written assignment(s) or other written document(s) establishing the debt and ownership of the debt shall be attached to the pleading as exhibits. Parts of the assignment(s) or other ownership documents that relate solely to other debtors may be omitted.
(c) When a claim has been assigned or sold, the legal basis of a claim for attorney fees shall be recited verbatim in the pleading, or a copy of the written instrument upon which a claim is founded shall be attached to the pleading as an exhibit. Parts of the assignment(s) or other ownership documents that relate solely to other debtors may be omitted.
(d) A court may, upon motion of a party or of its own accord, dismiss a cause of action without prejudice for failure to comply with paragraphs (a) through (c) of this Rule.

Mo. R. Civ. P. 55.22

Adopted Jan. 19, 1973, eff. Sept. 1, 1973; amended December 18, 2017, effective January 1, 2018; amended December 22, 2020, effective July 1, 2021.

Committee Note – 1974

This is substantially the same as prior Rule 55.24.