Abandoned Pleadings

Once a pleading — whether it be a petition, answer, etc. —  is amended the prior iteration of the pleading is considered “abandoned.” Unless the subsequent pleading adopts or incorporates the contents of a prior pleading, the abandoned pleadings is largely irrelevant. In no uncertain terms, Missouri courts have described it as a “mere scrap of paper insofar as the case is concerned.  Thomas v. H’Doubler, 627 S.W.3d 449, 455 (Mo. App. S.D. 2021).

Nonetheless, there are limited exceptions. First, an abandoned pleading may be used on cross-examination if it features admissions or statements against interest. Carter v. Matthey Laundry & Dry Cleaning Company, 350 S.W.2d 786, 791 (Mo. 1961). Second, it may be relevant in the context of the statute of limitations when the amendment relates back to a prior pleading. Rule 55.33(c).

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