In Missouri, a “Petition” is the lawsuit filed by a plaintiff requesting relief against a defendant (often in the form of money damages). It is called a “Complaint” in federal court, but they’re functionally the same thing. It is quite common for a petition to be amended to account for facts uncovered in discovery or…
Legal Articles
Supplemental Pleadings
In Missouri, lawsuits are frequently amended to account for newly discovered facts or to correct errors in the initial filing. Under Rule 55.33, the Court is obligated to give permission to amend whenever “justice so requires.” There is a difference, though, between an amended pleading and supplemental pleading. Also discussed in Rule 55.33, a supplemental…
Pleadings & Notice
The primary purpose of pleadings in Missouri is to provide notice to the other party/parties of the facts and relevant legal claims you are relying upon. A “pleading” typically refers to a document filed in court which pleads facts with respect to the underlying dispute. Pleadings are liberally construed and need only allege ultimate facts…
Counterclaims, Countersuits
Being served with a lawsuit can be a jarring experience. The initial petition will often have big requests for these like “damages in excess of $25,000” “damages in excess of $75,000,” or even punitive damages or attorney fees. Without having any prior experience or knowledge of legal verbiage, the Petition can also be very confusing….