In an action for libel and slander, it shall not be necessary to state in the petition any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in the answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether the defendant proves the justification or not, the defendant may give in evidence any mitigating circumstances.
Rule 55.20.Libel and Slander Averments--Defenses.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 55.20 lets a defamation plaintiff plead generally that the allegedly defamatory statement concerned the plaintiff without pleading extrinsic facts, makes that averment binding at trial if the answer doesn’t dispute it, and allows a defendant to plead both truth and mitigating circumstances together.
Full Text of Rule 55.20
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is the same as prior Rule 55.22.
Plain-English Summary
Libel and slander petitions get a simplified “of and concerning” standard: the plaintiff doesn’t need to plead extrinsic facts showing that the defamatory statement applied to the plaintiff — a general statement that it was published or spoken concerning the plaintiff is enough. If the answer doesn’t controvert that allegation, the plaintiff won’t need to prove it at trial either; in every other type of case, that same allegation would still require proof.
On the defense side, the rule lets a defendant plead both the truth of the allegedly defamatory statement and any mitigating circumstances admissible to reduce damages, in the same answer. And regardless of whether the truth defense succeeds, the defendant can still offer evidence of mitigating circumstances — the two aren’t treated as mutually exclusive.
Frequently Asked Questions
How do I plead that a defamatory statement was about me?
Generally — Rule 55.20 allows a statement that the matter was published or spoken concerning the plaintiff, without pleading extrinsic facts.
What happens if the defendant doesn’t dispute that the statement concerned me?
You won’t need to prove that fact at trial, since the allegation goes uncontroverted in the answer.
Can a defendant plead both truth and mitigating circumstances in a defamation case?
Yes. Rule 55.20 allows a defendant to allege the truth of the statement and any mitigating circumstances in the same answer.
What are mitigating circumstances in a libel or slander case?
Circumstances admissible in evidence to reduce the amount of damages, separate from whether the statement was true.
Do I need extrinsic facts to plead defamation in Missouri?
No. Rule 55.20 dispenses with the need to plead extrinsic facts showing the statement applied to the plaintiff.
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: libel and slander pleadingdefamation pleading standard Missouriof and concerning plaintifftruth defense defamationmitigating circumstances defamation