Mo. R. Civ. P. 55.13

As amended through October 1, 2024

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

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.

Adopted Jan. 19, 1973, eff. 9/1/1973. Amended Sept. 28, 1993, eff. 1/1/1994.

Committee Note - 1974

This is the same as prior Rule 55.15.

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