In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
Rule 55.16.Averments and Denial of Conditions Precedent.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 55.16 allows a party to plead generally that all conditions precedent have been performed or have occurred, while requiring anyone who wants to deny that performance or occurrence to do so specifically and with particularity.
Full Text of Rule 55.16
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is the same as Rule 9(c) of the Federal Rules of Civil Procedure and substantially the same as prior Rule 55.18. The following clause in prior Rule 55.18 was deleted: “. . . and when so made, the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence.”
Plain-English Summary
Conditions precedent — steps that must happen before a claim can proceed — get a simplified pleading standard for the party relying on them. It’s enough to aver generally that all conditions precedent have been performed or have occurred, without walking through each one individually.
The party on the other side doesn’t get that same shortcut. A denial that performance or occurrence took place must be made specifically and with particularity, identifying which condition is disputed and why, instead of offering a blanket denial that conditions precedent were met.
Frequently Asked Questions
How do I plead that a condition precedent was satisfied in Missouri?
Generally — it’s sufficient to aver that all conditions precedent have been performed or have occurred without detailing each one.
How must a party deny that a condition precedent occurred?
Specifically and with particularity, identifying the condition being disputed.
What is a condition precedent?
A step or event required to occur before a claim can be enforced, such as giving required notice or exhausting a required process.
Is a general denial of conditions precedent allowed?
No. Rule 55.16 requires specificity and particularity for a denial, unlike the general averment allowed for the party relying on the conditions.
What if the answer just says conditions precedent weren’t satisfied?
A blanket statement like that likely doesn’t meet the particularity Rule 55.16 requires for a denial.
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: conditions precedent pleadingdenying conditions precedentgeneral averment conditions precedentspecific denial of conditions precedent