On sustaining a motion to dismiss a claim, counter-claim or cross-claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered on motion except in cases of excusable neglect; in which cases amendment shall be made promptly by the party in default.
Rule 67.06.Final Dismissal on Failure to Amend.
Part I · Rule 67: Dismissal of Civil Actions · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 67.06 requires a court that sustains a motion to dismiss a claim, counterclaim, or cross-claim to freely grant leave to amend and set a deadline for filing, and, absent excusable neglect, to enter a final judgment of dismissal with prejudice if the amended pleading isn't filed in time.
Full Text of Rule 67.06
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is the same as prior Rule 67.05. Compare: Rule 41(b) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 67.06 governs what happens right after a court grants a motion to dismiss a pleading. It doesn't let the court throw the claim out on its own — the court must freely grant leave to amend and set a specific deadline for filing the amended pleading. That gives the party whose claim was dismissed a real chance to fix the problem.
The deadline has teeth. If the amended pleading isn't filed within the time the court allowed, the rule calls for a final judgment of dismissal with prejudice, entered on motion. That converts what started as a fixable pleading defect into a permanent bar on the claim.
There's one safety valve: excusable neglect. If the party's failure to meet the deadline resulted from excusable neglect, the rule directs that the amendment be made promptly by the party in default instead of triggering the final dismissal with prejudice.
Frequently Asked Questions
What happens if I don't file my amended pleading by the deadline the court set?
Absent excusable neglect, the rule calls for a final judgment of dismissal with prejudice to be entered on motion.
Does the court have to let me amend after granting a motion to dismiss?
Yes — Rule 67.06 requires the court to freely grant leave to amend and to specify the time within which the amendment or amended pleading must be filed.
What counts as excusable neglect under this rule?
The rule doesn't define the term; it provides only that when the missed deadline resulted from excusable neglect, the amendment should be made promptly by the party in default instead of triggering dismissal with prejudice.
Is the final dismissal for missing the amendment deadline with prejudice or without?
With prejudice, under the rule's plain terms.
Does Rule 67.06 apply to counterclaims and cross-claims as well as petitions?
Yes, the rule expressly covers sustaining a motion to dismiss a claim, counterclaim, or cross-claim.
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: leave to amend after dismissalfinal dismissal with prejudicefailure to file amended pleadingexcusable neglect amendment deadline