Responding to a Missouri petition: 30 days, or 45 after the first publication
Missouri procedure · Last verified August 17, 2026
Missouri calls the complaint a petition, and its answer deadline turns on a detail most states leave alone: where service was by mail, the 30 days runs not from delivery but from the day the receipt is filed in the case.
The deadline
Mo. R. Civ. P. 55.25(a):
A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed in the case, or within forty-five days after the first publication of notice if neither personal service nor service by mail is had.
Three periods:
| How you were served | Time to answer | Runs from |
|---|---|---|
| Personally | 30 days | service |
| By mail | 30 days | the day the acknowledgment or return receipt is filed in the case |
| By publication | 45 days | first publication |
The mail rule is the one to watch. The clock does not start when the mail arrives — it starts when the plaintiff files the acknowledgment or the return receipt with the court. That is a date you may not know without checking the file, and it can be later than you assume.
Cross-claims and replies — Rule 55.25(b): where a cross-claim is filed against a party, that party files an answer on the period the subdivision sets, and the same subdivision governs replies to counterclaims and other replies.
Default: no interlocutory order required
Missouri's default rule contains a provision that surprises practitioners from federal practice.
Mo. R. Civ. P. 74.05(a):
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.
Read that last sentence carefully. In federal practice and in most states, entry of default must precede default judgment — two steps, with the first giving the defendant a warning and a window. Missouri expressly removes that requirement.
Rule 74.05(b) still allows an interlocutory order of default where a party has failed to plead or otherwise defend — but it is optional, not a precondition.
The practical consequence for a Missouri defendant is that there may be no intermediate step between missing the deadline and a judgment. The two-tier safety net that exists elsewhere is not guaranteed here.
Proof is still required. The judgment issues "upon proof of damages or entitlement to other relief," so a default does not simply hand the plaintiff its prayer.
What to do about the mail-service rule
Because the 30 days runs from a filing rather than from delivery, two things follow.
If you were served by mail, check the court file. The date the acknowledgment or return receipt was filed is your start date, and it is a matter of record.
And do not assume you have longer than you do. A plaintiff who files the receipt promptly starts your clock promptly. The rule protects a defendant against a receipt that sits unfiled; it does not extend the period.
Fixing a missed deadline
Rule 74.05 governs both the entry of a default judgment and relief from one, and Missouri's structure — without a mandatory interlocutory step — makes speed more important than in most states.
Two practical points:
Move as soon as you learn of the judgment. There may have been no earlier warning.
And be ready on both halves. As elsewhere, a party seeking relief from a default judgment generally needs to explain the failure and show there is a defence worth litigating.
How Missouri compares
| Missouri | Kansas | Illinois | Federal | |
|---|---|---|---|---|
| Answer deadline | 30 days | 21 days | 30 days | 21 days |
| Mail service | 30 days from the receipt being filed | — | — | 60/90 days on waiver |
| Publication service | 45 days from first publication | — | — | — |
| Entry of default required first | no — expressly | yes | — | yes |
| Proof required for judgment | yes | yes | — | for unliquidated amounts |
| Pleading called | petition | petition | complaint | complaint |
Missouri and Washington sit at opposite ends here. Washington's CR 55(a)(2) lets a defendant who has appeared respond right up to the hearing on the default motion; Missouri does not require an intermediate order at all.
A short checklist
- Identify how you were served. Personal, mail and publication carry three different periods.
- If service was by mail, look at the file for the date the acknowledgment or return receipt was filed. That is when your 30 days began.
- If service was by publication, count 45 days from the first publication.
- Do not count on a warning. Missouri does not require an interlocutory order of default before judgment.
- File something. An answer or a Rule 55.27 motion both stop the clock.
- If a default judgment is entered, move immediately under Rule 74.05, with a reason and a defence.
- Remember the plaintiff still needs proof of damages or entitlement — a default is not a blank cheque.
Where these rules live
- Mo. R. Civ. P. 54.01 — Process; issuance and service
- Mo. R. Civ. P. 55.01 — Pleadings allowed
- Mo. R. Civ. P. 55.25 — Time to file responsive pleadings
- Mo. R. Civ. P. 55.27 — Defenses and objections
- Mo. R. Civ. P. 55.33 — Amended and supplemental pleadings
- Mo. R. Civ. P. 74.05 — Default judgments
- Mo. R. Civ. P. 74.06 — Relief from judgment or order
This page explains what the rules say. It isn't legal advice, and the standard for setting aside a default judgment is developed in case law this site doesn't cover.