When parties sue or are sued as a partnership, and the names of the partners are set forth in the petition or counterclaim, the existence of the partnership shall be deemed confessed unless it be denied by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
Rule 55.14.Partnership Deemed Confessed, Unless Denied.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 55.14 treats the existence of a partnership as admitted whenever the partners are named in a petition or counterclaim suing or being sued as a partnership, unless a party specifically denies it with a negative averment that includes supporting particulars.
Full Text of Rule 55.14
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is the same as prior Rule 55.16.
Plain-English Summary
When parties sue or are sued as a partnership and the petition or counterclaim names the individual partners, the rule presumes the partnership’s existence is confessed — no separate proof is needed unless someone challenges it.
Challenging that existence requires the same specific negative averment used elsewhere in Rule 55: a denial that includes supporting particulars peculiarly within the denying party’s own knowledge, not a bare or general denial. That mirrors the approach Rule 55.13 takes toward capacity and corporate existence challenges more broadly.
Frequently Asked Questions
Do I need to prove a partnership exists if I name the partners?
No. Rule 55.14 deems the partnership’s existence confessed once the partners are named, unless it’s specifically denied.
How do I deny a partnership’s existence in Missouri?
By a specific negative averment that includes supporting particulars, not a general denial.
What particulars must a denial of partnership existence include?
Supporting details that are peculiarly within the denying party’s own knowledge.
Does this rule apply to corporations too?
No, corporate existence is addressed separately under Rule 55.13, though the challenge standard is the same specific-negative-averment approach.
What if my denial of the partnership is too general?
A general denial doesn’t satisfy Rule 55.14 — the partnership’s existence would remain deemed confessed.
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: partnership deemed confesseddenying partnership existencesuing a partnership Missouripartnership pleading rule