Specific averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings. Specific averments in a pleading to which no responsive pleading is required shall be taken as denied.
Rule 55.09.Failure to Deny, Effect.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 55.09 deems a specific averment admitted when a party fails to deny it in a required responsive pleading, except for averments about the amount of damages, and treats averments in a pleading that requires no response as automatically denied.
Full Text of Rule 55.09
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994.
Official Comment
This is substantially the same as prior Rule 55.11. The phrase “or avoided” in the prior rule was deleted because of the change in Rule 55.01 requiring a reply when matters are to be avoided. Compare: Rule 8(d) of the Federal Rules of Civil Procedure.
Plain-English Summary
This rule sets the consequence for skipping a denial. When a responsive pleading is required and a specific averment in the earlier pleading isn’t denied, that averment is deemed admitted. The one carve-out is the amount of damages claimed — silence about a damages figure doesn’t count as an admission of that figure.
The flip side covers averments in a pleading that doesn’t call for any response at all. Since there’s no responsive pleading in which to admit or deny anything, those averments are treated as denied. That default explains part of why Rule 55.01 requires a reply when an answer raises new matter — without a reply, the new matter would otherwise be treated as denied instead of addressed.
Frequently Asked Questions
What happens if I don’t deny an allegation in a Missouri answer?
It’s deemed admitted, unless it concerns the amount of damages claimed.
Are damages allegations deemed admitted if not denied?
No. Rule 55.09 carves out averments about the amount of damage from the admission-by-silence rule.
Do I need to deny allegations in a pleading that requires no response?
No response is needed, and those averments are automatically treated as denied.
How does this rule interact with the reply requirement in Rule 55.01?
It’s part of why a reply is required when an answer raises new matter — without a reply, that new matter would be deemed denied instead of addressed.
What’s the safest way to respond to every allegation in a petition?
Address each specific averment individually, admitting, denying, or stating a lack of knowledge as required by Rule 55.07.
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
Also known as: failure to deny effectdeemed admitted Missouriunanswered allegations admittedaverments admitted if not deniedeffect of no denial