MISSOURI RULES OF CIVIL PROCEDURE
In the state of Missouri, no process server license
is required. However, St. Louis has
local county requirement. The city of
St. Louis (22nd Judicial District) requires that all individuals who wish to become
process servers must take and pass a process serving training course (five nights of classroom instruction with written
examination) administered by a Missouri Sheriff of the City of St. Louis. All
process server applicants must be at least 21 years of age, have a high school
diploma or GED and no criminal record. All process servers are required to have
E&O coverage with limits of at least $100,000.
Missouri requires
that all affidavits whether served or non-served be notarized.
54.01. Clerk to Issue Process -
Separate or Additional Summons
54.02. Summons Shall Be Signed By
Clerk
54.04. Summons Service
54.05. Deputies Acting for Clerk
or Sheriff
54.09. Service on Foreign
Corporations
54.11. Service on Resident or
Nonresident Motor Carrier
54.12. Service - In Rem or Quasi
In Rem Civil Actions
54.13. Personal Service Within
the State
54.14. Personal Service Outside
the State
54.16. Acknowledgment of Service
By Mail
54.18. Service Authorized by
Statute
54.19. Provisions No Bar to
Personal Service in State
54.20. Proof of Service
54.21. Time for Service and
Return
(a) Upon the filing of a
pleading requiring service of process, the clerk shall forthwith issue the
required summons or other process.
(b) The clerk shall deliver
the summons or other process for service to:
(1) The sheriff or other person specially appointed to serve it;
or
(2) The party if the party files a request that the clerk deliver
it to the party.
(c) The person to whom the
clerk delivers the summons or other process shall be responsible for promptly
serving it with a copy of the pleading and any other paper requiring service.
(d) If a party files a request
for separate or additional summons or other process, the clerk shall issue the
requested process.
The summons shall be signed by
the clerk, dated the day it is issued, be under the seal of the court, contain
the name of the court and the names of the parties, and be directed to the
defendant, stating the name and address of the plaintiff's attorney, if any;
otherwise the plaintiff's address. It also shall state the time within which
and the place where the defendant is required to appear and defend as provided
by law and shall notify the defendant that in case of failure to do so judgment
by default will be entered against the defendant for the relief demanded in the
petition.
A copy of the summons and
petition shall be served together except when service is by publication.
A deputy clerk or deputy
sheriff shall have the same authority as the clerk or sheriff, respectively, to
do any act which this Rule 54 authorizes the clerk or sheriff to do.
54.06.
Service Outside the State on Persons, Firms or Corporations Who Do Certain Acts
in This State
(a) Service outside the state
sufficient to authorize a general judgment in personam may be obtained upon any
person, executor, administrator or other legal representative, firm or
corporation, whether or not a citizen or resident of this state, who in person
or through an agent does any of the acts enumerated in this Rule 54.06:
(1) Transacts any business within this state;
(2) Makes any contract within this state;
(3) Commits a tortious act within this state;
(4) Owns, uses or possesses any real estate situated in this
state;
(5) Contracts to insure any person, property or risk located
within this state at the time of contracting;
(6) Engages in an act of sexual intercourse within this state with
the mother of a child within or near the probable period of conception of that
child.
(b) Service sufficient to authorize
a general judgment in personam may be obtained on any person, any person's
personal representative, or other legal representative, whether or not a
citizen or resident of the state, who has lived in lawful marriage within this
state, as to all civil actions for dissolution of marriage or for legal
separation and all obligations arising for maintenance of a spouse, support of
any child of the marriage, attorney fees, suit money or disposition of marital
property, if the other party to the lawful marriage lives in this state or if a
third party has provided support to the spouse or to the children of the
marriage and is a resident of this state.
(c) Only causes of action
arising from acts or conduct enumerated in Rule 54.06(a) or Rule 54.06(b) may be
asserted against a defendant in an action in which jurisdiction is based on
this Rule 54.06.
(d) Service of process may be
made as provided in Rule 54.14 or Rule 54.16.
54.07.
Service Outside the State on Persons Domiciled in or Residents of This State
(a) Service outside the state
sufficient to authorize a general judgment in personam may be obtained upon any
person, executor, administrator or other legal representative, who was
domiciled in or a resident of this state:
(1) At the time the claim for relief or cause of action accrued in
this state; or
(2) At the time of the commencement of the civil action; or
(3) At the time of the service of process.
(b) Service of process may be
made as provided in Rule 54.14 or Rule 54.16.
54.08. Service
on Nonresident Motorists or Nonresident Watercraft Owners or Operators
In civil actions in which
service of process may be obtained under the provision of sections 506.200 to
506.310, 506.330 or 506.340, RSMo, service of process may be made as provided
in Rule 54.14 or Rule 54.15 or Rule 54.16.
In civil actions in which the
service of process may be obtained under the provisions of section 351.380,
RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.16.
54.10.
Service on Insurance Companies Not Authorized To Do Business in This State
In civil actions in which
service of process may be obtained under the provisions of section 375.256,
RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.15 or
Rule 54.16.
In civil actions in which
service of process may be obtained under the provisions of section 508.070,
RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.15 or
Rule 54.16.
(a) Service, Generally. In
civil actions affecting a fund, will, trust, estate, specific property, or any
interest therein, or any res or status within the jurisdiction of the court,
service of process may be made as provided in Rule 54.13 or Rule 54.14, or as
otherwise provided in this Rule 54.12.
(b) Service by Mail. A party
requesting service by registered or certified mail shall file an affidavit made
by the party or by someone on behalf of the party, stating:
(1) Why personal service cannot be had in this state on the party
to be served by mail, and
(2) The name and address of the party to be served by mail.
The clerk shall thereupon mail
to the party to be served a summons and copy of the pleading by registered or
certified mail, requesting a return receipt signed by addressee only.
(c) Service by Publication.
(1) Service by publication shall be by notice published by order
of the court or clerk thereof.
(2) Such order shall issue when the party desiring service by
publication files a statement verified by the party or by a person on behalf of
the party stating: (A) that one or more of the persons to be served are unborn
or their names are unknown to the party desiring service by publication or
facts showing why service cannot be obtained under Rule 54.12(b), Rule 54.13,
Rule 54.14 or Rule 54.16, and (B) the last known address of the party to be
served or in lieu thereof a statement that said address is unknown. It shall be
sufficient to name or describe unborn or unknown parties as the heirs, grantees
or successors of the person to whom the property to be affected was last known
to have been transferred.
(3) The notice shall state: (A) that an action has been commenced;
(B) briefly the object and general nature thereof; (C) a description of any
property to be affected; (D) the name of the court and the names of the parties
to the civil action; (E) the name and address of the attorney, if any, for
plaintiff, otherwise the plaintiff's address; (F) that judgment by default will
be entered against defendant unless the defendant files an answer or other
pleading or otherwise appears and defends within forty-five days after the date
of the first publication, or such longer time as the court may fix by order;
and (G) the date of the first publication.
(4) The notice shall be published at least once each week for four
consecutive weeks in a newspaper of general circulation published in the county
where the civil action is commenced designated by the party requesting
publication. If there is no such newspaper, then the publication shall be in a
newspaper designated by the court.
(5) If the address of any of the parties to be served by
publication is given in the verified statement, the clerk shall: (A) within ten
days after such order of publication mail a copy of the order of publication of
notice and a copy of the petition to each such defendant and (B) file a
certificate that such copies have been mailed.
(a) By Whom Made. Service of
process within the state, except as otherwise provided by law, shall be made by
the sheriff or a person over the age of 18 years who is not a party to the
action.
(b) How and on Whom Made.
Personal service within the state shall be made as follows:
(1) On Individual. Upon an individual, including an infant or
incompetent person not having a legally appointed guardian, by delivering a
copy of the summons and petition personally to the individual or by leaving a
copy of the summons and petition at the individual's dwelling house or usual
place of abode with some person of the individual's family over the age of
fifteen years, or by delivering a copy of the summons and petition to an agent
authorized by appointment or required by law to receive service of process.
(2) On Conservator. Upon an infant or disabled or incapacitated
person who has a legally appointed conservator, by delivering a copy of the
summons and petition to the conservator as provided in Rule 54.13(b)(1).
(3) On Corporation, Partnership or Other Unincorporated
Association. Upon a domestic or foreign corporation or upon a partnership or
other unincorporated association, when it may be sued as such, by delivering a
copy of the summons and petition to an officer, partner, or managing or general
agent, or by leaving the copies at any business office of the defendant with
the person having charge thereof or by delivering copies to its registered
agent or to any other agent authorized by appointment or required by law to
receive service of process.
(4) On Public or Quasi-Public Corporation or Body. Upon a public,
municipal, governmental or quasi-public corporation or body, by delivering a
copy of the summons and petition to the clerk of the county commission in the
case of a county, to the mayor or city clerk or city attorney in the case of a
city, to the chief executive officer in the case of any public, municipal,
governmental or quasi-public corporation or body or to any person otherwise
lawfully so designated. If no person above specified is available for service,
the court out of which the process issued may designate an appropriate person
to whom copies of the summons and petition may be delivered in order to effect
service.
(c) Acknowledgment of Service.
When a defendant shall acknowledge in writing, endorsed on the process, signed
by the defendant's own proper signature, the service of such process, and waive
the necessity of the service thereof by an officer, such acknowledgment shall
be deemed as valid as service in the manner provided by law. Acknowledgment of
service by mail may also be made as provided in Rule 54.16.
(d) Where Process May Be
Served in This State. All process issued for service within this state may be served
anywhere within the state and may be forwarded to the sheriff of any county for
the purpose of service.
(a) By Whom Made. Personal
service outside the state shall be made:
(1) By a person authorized by law to serve process in civil
actions within the state or territory where such service is made, or by the
deputy of a person so authorized;
(2) By a person appointed by
the court in which the action is pending.
(b) Upon Whom. The service of
process shall be made as provided in Rule 54.13(b).
(c) Acknowledgment.
Acknowledgment of service by mail may be made as provided in Rule 54.16.
54.15.
Service on Secretary of State, Secretary of Public Service Commission and
Director of Insurance
(a) Service of Process.
Service of process on the secretary of state, secretary of the public service
commission or director of insurance shall be made by serving a copy of the
summons and petition, together with any remittance fixed by statute, on the
respective official. The service of process shall be made as provided in Rule
54.13 or Rule 54.16.
(b) Notice to Defendant. The
secretary of state, secretary of the public service commission or director of
the department of insurance shall forthwith mail to the defendant at the defendant's
last known address a copy of such service and a copy of the summons and
petition. The mailing shall be by registered or certified mail requesting a
return receipt signed by addressee only.
(c) Form of Notice. The notice
provided for in Rule 54.15(b) shall be in substantially the following form:
To (here insert the name of
the defendant and defendant's last known address.) You will take notice that
original process in the suit against you, a copy of which is attached hereto,
was duly served upon you at Jefferson City, Missouri, by serving the same on
(here insert the name of the public official.) Dated at __________, Missouri,
this _____ day of ___________, 19____
______________________
(appropriate
official)
Service of the summons and
petition upon a resident or nonresident defendant of any class referred to in
Rule 54.13(b)(1)(2) or (3) may be made by mailing a copy of the summons and
petition by first class mail, postage prepaid, to the person to be served,
together with two copies of a notice and acknowledgment conforming
substantially to Civil Procedure Form 4B or Civil Procedure Form 4C and a
return envelope, postage prepaid addressed to the sender. If no acknowledgment
of service under this Rule 54.16 is completed and returned to the sender,
service of the summons and petition shall be made as otherwise provided by
statute or rule. Unless good cause is shown for not doing so, the court shall
order the payment of costs of service on the person served if such person does
not complete and return within thirty days after mailing, the notice and
acknowledgment of receipt of summons.
Where a statute contains
provisions for a method of service, service may be made pursuant to the
provisions of the statute or as provided by these Rules.
The foregoing provisions
relative to service of process in suits against non-residents do not prevent
personal service in the state upon a non-resident.
(a) Within the State -
Officer's Returns - Affidavits of Service.
(1) Every officer to whom summons or other process shall be
delivered for service within the state shall make return thereof in writing as
to the time, place and manner of service of such writ and shall sign such
return.
(2) If service of such process is made by a person other than an
officer such person shall make affidavit as to the time, place and manner of
service thereof.
(3) If service of process is made pursuant to Rule 54.16 the
defendant's acknowledgement, executed pursuant to Rule 54.16 shall constitute
proof of service.
(b) Outside the State -
Officer's Returns - Affidavits of Service.
(1) Every officer to whom summons or other process shall be
delivered for service outside the state shall make an affidavit before the
clerk or judge of the court of which affiant is an officer or other person
authorized to administer oaths in such state stating the time, place and manner
of such service, the official character of the affiant, and the affiant's
authority to serve process in civil actions within the state or territory where
such service was made. The court may consider the affidavit or any other
evidence in determining whether service has been properly made.
2) If service of such process is made by a person appointed by the
court in which the action is pending such person shall file an affidavit
stating the time, place and manner of such service. The court may consider the
affidavit or any other evidence in determining whether service has been
properly made.
(3) If service of process is made outside the state pursuant to
Rule 54.16 the defendant's acknowledgment, executed pursuant to Rule 54.16
shall constitute proof of service of process.
(c) Certificate of Secretary
of State, Secretary of Public Service Commission and Director of Insurance -
Mailing of Notice. The notice specified in Rule 54.15 shall be proved by the
affidavit of the official mailing such notice. The affidavit shall be endorsed
upon or attached to the original papers to which it relates and it, together
with the return registered or certified mail receipt, shall be forthwith filed
in the court in which the action is pending.
(d) Clerk's Certificate -
Service by Mail. Service by mail pursuant to Rule 54.12 shall be proved by the
certificate of the clerk that a copy of the summons and petition has been
mailed and by the filing of the return registered or certified receipt.
(e) Affidavit - Certificate -
Service by Publication. Service by publication shall be proved by an affidavit
showing the dates upon which and the newspaper in which the notice was
published. A copy of the notice shall be attached to the affidavit, which shall
be filed. The clerk's certificate that a copy of the notice upon order for
service by publication and a copy of the petition were mailed to defendant at
the address stated in the plaintiff's petition or in the affidavit for order of
publication and the date of the mailing shall likewise be filed.
(f) Refusal to Receive
Service. When the person to be served or an agent authorized to accept service
of process for the person to be served, either within or outside the state,
shall refuse to receive copies thereof, the offer of the server to deliver copies
thereof, and such refusal, when these facts are shown on the server's return,
shall constitute proof of service. When service is made by mail pursuant to
Rule 54.12, a notation made pursuant to applicable United States Postal Service
regulation that the certified or registered mail has been refused shall
constitute proof of service.
The officer or other person
receiving a summons or other process shall serve the same and make return of
service promptly. If the process cannot be served it shall be returned to the
court within thirty days after the date of issue with a statement of the reason
for the failure to serve the same; provided, however, that the time for service
thereof may be extended up to ninety days from the date of issue by order of
the court.
54.22.
Court May Allow Process, Return or Proof of Service to be Amended, When
(a) The court may in its
discretion allow any process, return or proof of service thereof to be filed or
amended at any time unless it clearly appears that material prejudice would
result to the substantial rights of the party against whom the process issued.
The return of service shall be considered prima facie evidence of the facts
recited therein.
(b) The party served, or the
sheriff, sheriff's deputies and sureties or any other person making the service
shall be permitted to show the true facts of service and impeach the return
when the return does not comport with the facts as found by the court. If the
court finds that the facts recited in the return are not true, the court may
set aside a judgment if one has been entered or may modify the same in whole or
in part as justice may require or take such further action it deems proper.
In Missouri,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Missouri Judicial System Court website: http://www.osca.state.mo.us/
