Missouri summary judgment: a non-compliant response admits the fact
Missouri procedure · Last verified August 17, 2026
Missouri's Rule 74.04 has the most unforgiving response requirement of any summary judgment rule in the United States, and it is contained in a single sentence:
A response that does not comply with this Rule 74.04(c)(2) with respect to any numbered paragraph in movant's statement is an admission of the truth of that numbered paragraph.
Not "may be treated as admitted." Is an admission. Paragraph by paragraph, automatically.
A Missouri response that argues the law persuasively and handles the fact statement loosely does not lose on the merits — it loses because the facts became undisputed.
Thirty days, and the required form
Mo. R. Civ. P. 74.04(c)(2):
Within 30 days after a motion for summary judgment is served, the adverse party shall serve a response on all parties. The response shall set forth each statement of fact in its original paragraph number and immediately thereunder admit or deny each of movant's factual statements.
A denial may not rest upon the mere allegations or denials of the party's pleading. Rather, the response shall support each denial with specific references to the discovery, exhibits or affidavits that demonstrate specific facts showing that there is a genuine issue for trial.
Attached to the response shall be a copy of all discovery, exhibits or affidavits on which the response relies.
| Requirement | Detail |
|---|---|
| Time | 30 days after the motion is served |
| Form | restate each fact in its original paragraph number |
| Then | immediately thereunder, admit or deny |
| Every denial | specific references to discovery, exhibits or affidavits |
| Attachments | a copy of all discovery, exhibits or affidavits relied on |
Four requirements, and the consequence of missing any of them on any paragraph is admission of that paragraph.
Note the second requirement in particular: you must reproduce the movant's numbered paragraphs and put your answer directly beneath each one. A response organized by your own headings does not comply, however thorough it is.
What the movant had to file
Rule 74.04(c)(1):
A motion for summary judgment shall summarily state the legal basis for the motion.
A statement of uncontroverted material facts shall be attached to the motion. The statement shall state with particularity in separately numbered paragraphs each material fact as to which movant claims there is no genuine issue, with specific references to the pleadings, discovery, exhibits or affidavits that demonstrate the lack of a genuine issue as to such facts.
Attached to the statement shall be a copy of all discovery, exhibits or affidavits on which the motion relies.
Movant shall file a separate legal memorandum explaining why summary judgment should be granted.
Four separate documents, in effect: the motion stating the legal basis summarily, the statement of uncontroverted material facts in separately numbered paragraphs with specific record references, the attachments, and a separate legal memorandum.
A motion that folds the argument into the fact statement, or the fact statement into the motion, has not complied. That matters to you as respondent, because a defective statement is harder to admit by accident — and worth pointing out expressly.
The electronic copy, and what changes in 2027
The current rule also requires an electronic copy of the fact statement:
An electronic copy of the statement of uncontroverted material facts in a commonly used medium, such as a diskette, CD-ROM or e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher, shall be served on the party to whom the motion for summary judgment is directed. In addition to the information normally in a certificate of service, the certificate of service shall also state the format of the electronic copy and the medium used to transmit the electronic copy to the responding party.
The point of it is practical: you are entitled to receive the fact statement in an editable format, so you can paste the numbered paragraphs into your response and answer beneath each. If the movant served only a PDF, ask for the electronic copy — the rule requires it, and it is the mechanism that makes compliance with (c)(2) feasible.
Note also the certificate of service requirement: it must state the format of the electronic copy and the medium used.
A revised version of Rule 74.04 takes effect on 1 January 2027. The change to this provision is narrow — it removes the dated examples, so the requirement reads simply as an electronic copy "in a format that can be read by most commonly used word processing programs", without the references to diskettes, CD-ROMs and specific word processors. The substantive requirements of (c)(1) and (c)(2), including the admission rule, are unchanged.
When each side may move
Rule 74.04(a) — the claimant:
For Claimant. At any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, a party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment upon all or any part of the pending issues.
Rule 74.04(b) — the defending party:
For Defending Party. At any time, a party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment as to all or any part of the pending issues.
| Party | May move |
|---|---|
| Claimant | after 30 days from commencement, or once the other side moves |
| Defending party | at any time |
Why this connects to the motion to dismiss
A Missouri motion to dismiss under Rule 55.27(a)(6) converts into Rule 74.04 if outside material is presented and not excluded. That is a bigger event here than in most states, because it drops both sides into the numbered-paragraph regime without either having prepared for it.
If you are a defendant thinking of attaching documents to a motion to dismiss, decide deliberately — and if you want them considered, move under 74.04 and comply with (c)(1) from the start. See the Missouri motion to dismiss.
If judgment has already gone against you
See setting aside a Missouri default judgment for Rule 74.05(d) and Rule 74.06, and note that a 74.05(d) motion is an independent action rather than an after-trial motion.
How Missouri compares
| Missouri | Arizona | Indiana | Federal | |
|---|---|---|---|---|
| Time to respond | 30 days | 30 days | 30 days | set by local rule |
| Numbered statement of facts required | yes | yes | designation required | no |
| Response must restate each paragraph | yes | dispute by number | no | no |
| Non-compliance on a paragraph | is an admission | may be deemed undisputed | — | may be deemed undisputed |
| Separate legal memorandum required | yes | no | no | no |
| Editable electronic copy required | yes | no | no | no |
| Claimant may move after | 30 days | when the answer is due | 20 days | at any time |
A short checklist
- Diarise 30 days from service of the motion.
- Ask for the electronic copy if you did not get one. The rule requires it, and you need it to build the response.
- Reproduce every numbered paragraph and answer immediately beneath it. Do not reorganise.
- Admit or deny each one explicitly. Silence on a paragraph is an admission of it.
- Support every denial with specific references to discovery, exhibits or affidavits.
- Attach everything you rely on.
- Check the movant's papers for the four required components — motion, numbered statement, attachments, separate memorandum.
- Treat the fact statement as the case. In Missouri it is where summary judgment is decided.
- After 1 January 2027, expect the electronic-copy wording to be modernised — the admission rule is not changing.
Where these rules live
- Mo. R. Civ. P. 74.04 — Summary Judgment
- Mo. R. Civ. P. 55.27 — Defenses and Objections
- Mo. R. Civ. P. 74.05 — Entry of Default Judgment
This page explains what the rules say. It isn't legal advice, and what makes a fact material or a dispute genuine is developed in case law this site doesn't cover.