Rule 55.05.Pleading Setting Forth Claims for Relief Shall Contain What.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 1995 · Last verified July 22, 2026
Full Text of Rule 55.05
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Laws 1976, p. 837, § 1; May 22, 1987, eff. Jan. 1, 1988; Amended June 1, 1993, eff. Jan. 1, 1994; Amended March 22, 1994, eff. Jan. 1, 1995.
Plain-English Summary
Any pleading asserting a claim for relief — an original claim, a counterclaim, a cross-claim, or a third-party claim — needs two things: a short and plain statement of facts showing the pleader is entitled to relief, and a demand for the judgment sought. The rule also allows relief in the alternative or of different types within the same claim.
An initial pleading filed in a circuit court’s family court division carries an extra requirement: a certificate stating whether any other case involving a party or that party’s child has been filed in the family court division, identifying those cases by style and number if known. That helps the court coordinate related family matters instead of letting them proceed on separate, disconnected tracks.
For tort damages, the rule takes a distinctive approach. The petition can’t include a specific dollar amount in its damages demand — except to establish which court has jurisdiction over the case — and instead must ask for damages that are fair and reasonable. That restriction on the pleading doesn’t carry over to trial: a party can still argue for a specific dollar figure when presenting the case to the jury, even though the petition itself stayed silent on the number.
Frequently Asked Questions
What must a Missouri petition contain?
A short and plain statement of facts entitling the pleader to relief and a demand for judgment for that relief.
Can I state a specific dollar amount in a tort petition?
No, except to the extent needed to establish which court has jurisdiction over the case. Otherwise the demand must be for fair and reasonable damages.
Can I still argue for a specific dollar amount at trial?
Yes. Rule 55.05 allows a party to argue for a specific damages figure at trial even though the petition’s prayer was for a fair and reasonable amount.
What is the family court certificate requirement?
An initial pleading filed in the family court division must include a certificate disclosing any other family court division case involving a party or that party’s child.
Can I ask for alternative or different types of relief?
Yes. Rule 55.05 expressly allows relief in the alternative or of several different types to be demanded in one pleading.