EZRCP · Missouri · Rules of Civil Procedure · Mo. R. Civ. P. 55.09

Mo. R. Civ. P. 55.09. — Failure to Deny, Effect

Missouri · Rules of Civil Procedure

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Rule text

Specific averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings. Specific averments in a pleading to which no responsive pleading is required shall be taken as denied.

Notes

Committee Note - 1974

This is substantially the same as prior Rule 55.11.

The phrase "or avoided" in the prior rule was deleted because of the change in Rule 55.01 requiring a reply when matters are to be avoided. Compare: Rule 8(d) of the Federal Rules of Civil Procedure.

(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)