Some claims require proof of a person’s intent and state of mind. Unless someone admits to something, how do you get in there head and prove intent? For pleading purposes, “intent, knowledge and any other condition of mind of a person may be averred generally.” Rule 55.15. In an evidentiary context, “an admission of specific intent…
Legal Articles
Default, Notices
A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original…
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…