Rule 67.06. Final Dismissal on Failure to Amend

On sustaining a motion to dismiss a claim, counterclaim or cross-claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered on motion except in cases of excusable neglect; in which cases amendment shall be made promptly by the party in default.

Committee Notes

This is the same as prior Rule 67.05. Compare: Rule 41(b) of the Federal Rules of Civil Procedure.