As used in these Rules the word “law” includes rules, statutes and judicial decisions; the word “oath” includes affirmations; “county” includes the City of St. Louis; and the word “sheriff” includes other officers performing the duties thereof under law, rule or charter.
Rule 41.05.Rules--Definitions.
Rule 41: General · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceThis rule defines four terms used throughout the civil procedure rules: “law,” “oath,” “county,” and “sheriff,” so that later rules referring to those words are read consistently.
Full Text of Rule 41.05
Amendment History
Adopted Feb. 1, 1972, eff. Sept. 1, 1972; Amended June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is the same as prior Rule 41.07.
Plain-English Summary
Rule 41.05 is a definitions section. As used throughout Rules 41 through 101, “law” includes rules, statutes, and judicial decisions — not just legislation. “Oath” includes affirmations, so a witness or affiant who affirms instead of swearing still satisfies any rule requiring an oath. “County” includes the City of St. Louis, which is not organized as a county but is treated as one for purposes of these rules. And “sheriff” includes any other officer who performs the sheriff’s duties under law, rule, or charter, which matters in jurisdictions where someone other than an elected sheriff carries out those functions.
These definitions matter because so many other rules use these exact words without redefining them each time. Knowing that “oath” covers affirmations, for instance, answers a question that might otherwise require digging through case law.
Frequently Asked Questions
Does “law” in these rules mean only statutes passed by the legislature?
No. Rule 41.05 defines “law” to include rules, statutes, and judicial decisions, so the term is broader than legislation alone.
If I affirm instead of swearing an oath, does that satisfy a rule requiring an oath?
Yes. The rule defines “oath” to include affirmations.
Why does “county” include the City of St. Louis?
The City of St. Louis is not organized as a county, so the rule defines “county” to include the city for purposes of applying rules that use that term.
Does “sheriff” always mean the elected sheriff of a county?
No. The definition extends to any other officer performing the sheriff’s duties under law, rule, or charter.
Where do these definitions apply?
They apply as used throughout Rules 41 through 101, so any later rule using one of these four terms is read according to this definition unless that rule says otherwise.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
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