2017 Missouri Revised Statutes
Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509 Pleadings
Section 509.140 Averments as to capacity or authority of parties to sue or be sued.
Effective 28 Aug 1943
Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 509509.140. Averments as to capacity or authority of parties to sue or be sued. — It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.
(L. 1943 p. 353 § 45)
