Rule 55.09. Failure to Deny, Effect

Specific averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleadings. Specific averments in a pleading to which no responsive pleading is required shall be taken as denied.

Committee Notes

This is substantially the same as prior Rule 55.11. The phrase "or avoided" in the prior rule was deleted because of the change in Rule 55.01 requiring a reply when matters are to be avoided. Compare: Rule 8(d) of the Federal Rules of Civil Procedure.