Missouri procedural guides

Plain-English guides to the Missouri Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Missouri petition: 30 days, or 45 after the first publicationMissouri Rule 55.25 gives 30 days to answer a petition — measured from the filing of the return receipt where service was by mail, and 45 days from first publication where neither personal nor mail service was had.
• Missouri discovery deadlines: 30 days, and a 45-day floor that appearing can start earlyMissouri gives 30 days to respond to interrogatories, document requests and requests for admission — with a 45-day floor for defendants running from the earlier of appearance or service of process.
• The Missouri motion to dismiss: eleven grounds, and you may answer at the same timeMissouri Rule 55.27 lists eleven defenses — more than any other state — and says a motion and a pleading may be filed simultaneously without waiving either.
• Setting aside a Missouri default judgment: the rule defines "good cause" in your favorMissouri Rule 74.05(d) gives one year to set aside a default judgment and defines good cause as conduct not intentionally or recklessly designed to impede the judicial process.
• Missouri summary judgment: a non-compliant response admits the factMissouri Rule 74.04(c)(2) treats any numbered paragraph you fail to answer properly as admitted — the strictest summary judgment response rule in the country.
• Missouri discovery sanctions: there is no motion to compel stepMissouri Rule 61.01 lets a court strike pleadings, dismiss or enter default for unanswered interrogatories without any prior order compelling discovery.
• Missouri garnishment: a direct-deposit benefits account is not garnishable property at allMissouri Rule 90.01 writes exempt direct-deposit accounts out of the definition of garnishable property, and Rule 90.02 fixes the return date at 30, 60, 90, 120, 150 or 180 days.
• Missouri restraining orders: going ex parte without a reason is presumed bad faithMissouri's default temporary restraining order requires twenty-four hours' notice, and a party who proceeds without notice with no reasonable basis is presumed to have acted in bad faith under Rule 55.03.
• Missouri requests for admission: the warning has to be on the front page, in boldMissouri requires requests for admission to carry a boldface capitalized warning about the consequence of not responding, in type as large as anything else in the document.
• Missouri subpoenas: a custodian cannot just mail the file to the party that askedMissouri lets a subpoenaed non-party skip the appearance and send documents to the issuing party only with the agreement of every party — otherwise production happens where all parties can attend.

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