Rule 55.01.Pleading Required.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended July 1, 2010 · Last verified July 22, 2026
Full Text of Rule 55.01
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended, eff. July 1, 2010.
Official Comment
This is substantially the same as prior Rule 55.01 with the addition of the second sentence to conform to Jaycox v. Brune 434 S.W.2d 539 (Mo.1968). Compare: Rule 7(a) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 55.01 lays out the closed set of pleadings a Missouri civil case runs on. Every case needs a petition and an answer. If the answer contains a counterclaim, the plaintiff must file a reply to it. If a defendant’s answer contains a cross-claim against a co-defendant, that co-defendant must answer it. And when a party brings in someone new under the third-party practice rule, a third-party petition and a third-party answer join the file.
The rule also flags a particular defense that must be pleaded instead of left implicit: an “affirmative avoidance.” That’s a defense that doesn’t just deny the plaintiff’s facts but adds new matter — something like a release, a waiver, or a statute of limitations bar — that would defeat the claim even if the plaintiff’s version of events is true. Because this new matter shows up in the answer, the plaintiff needs the chance to respond to it, which is part of why a reply exists as a recognized pleading.
Beyond that closed list, the rule shuts the door on extra pleadings. No surreply, no rejoinder, no additional round of paper unless a judge specifically orders one. That keeps the pleading stage from sprawling into an open-ended exchange and pushes disputes toward motions and discovery instead.
Frequently Asked Questions
Do I have to file a reply to an answer in Missouri?
Only if the answer contains a counterclaim, or the court otherwise orders a reply. A plain denial in an answer doesn’t call for a reply.
What is a reply in Missouri civil procedure?
It’s the plaintiff’s response to a counterclaim raised in the defendant’s answer. It follows the same admit-or-deny structure as an answer to a petition.
What happens if the answer raises new facts as a defense?
That’s an affirmative avoidance under Rule 55.01, and it must be pleaded instead of assumed. See Rule 55.08 for the list of affirmative defenses that fall into this category.
Can I file more pleadings than a petition, answer, and reply?
Not on your own. Rule 55.01 requires court permission for any pleading beyond the ones it lists.
What if a defendant brings in a third party to the case?
A third-party petition is required, and the third party who’s brought in must file a third-party answer.