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Missouri Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Missouri Courts website for
updated and complete rules of civil procedure in
Missouri.
Rules of Civil Procedure in
Missouri:
Rule 54.01 Clerk to Issue
Process - Separate or Additional
Summons
Upon the filing of a pleading
requiring service of process, the
clerk shall forthwith issue the
required summons or other process
and, unless otherwise provided,
deliver it for service to the
sheriff or other person specially
appointed to serve it. If requested
in writing by the party whose
pleading requires service of
process, the clerk shall deliver the
summons or other process to such
party who shall then be responsible
for promptly serving it with a copy
of the pleading. Upon written
request of such party, separate or
additional summons and other process
shall be issued.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 1, 1993,
effective Jan. 1. 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.02 Summons Shall
be Signed by Clerk
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended Sept. 28,
1993, effective Jan. 1, 1994.)
Committee Note - 1974 This is
substantially the same as prior Rule
54.02. Compare: Rule 4(b) of the
Federal Rules of Civil Procedure.
Rule 54.03 Service of
Process Within the State - By Whom
[Repealed]
Repealed. (Adopted Jan. 19,
1973, effective Sept. 1, 1973;
repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.04 Summons -
Service
A copy of the summons and
petition shall be served together
except when service is by
publication.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973.)
Committee Note - 1974 The source is
prior Rule 54.04. A substantial part
of the prior rule was deleted
because official forms make the
deleted language unnecessary.
Compare: Rule 4(d) of the Federal
Rules of Civil Procedure.
Rule 54.05 Deputies Acting
for Clerk or Sheriff
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973.)
Committee Note - 1974 This is
substantially the same as prior Rule
54.05. Compare: Rules 4(c) and 45(c)
of the Federal Rules of Civil
Procedure.
Rule 54.06 Service Outside
the State on Persons, Firms or
Corporations Who do Certain Acts in
This State
- 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:
- Transacts any business
within this state;
- Makes any contract
within this state;
- Commits a tortious act
within this state;
- Owns, uses or possesses
any real estate situated in
this state;
- Contracts to insure any
person, property or risk
located within this state at
the time of contracting;
- 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.
- 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 /b>Rule 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. (Adopted Jan. 19,
1973, effective Sept. 1, 1973.
Amended June 1, 1993, effective Jan.
1, 1994; amended May 27, 1999,
effective January 1, 2000.)
Rule 54.09 Service of
Foreign Corporations
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 1, 1993,
effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 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. (Adopted Jan. 19,
1973, effective Sept. 1, 1973.
Amended June 1, 1993, effective Jan.
1, 1994.) Committee Note - 1974
[Repealed] (Repealed June 1, 1993,
effective Jan. 1, 1994.)
Rule 54.11 Service on
Resident or Nonresident Motor
Carrier
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. (Adopted Jan. 19,
1973, effective Sept. 1, 1973.
Amended June 1, 1993, effective Jan.
1, 1994.) Committee Note - 1974
[Repealed] (Repealed June 1, 1993,
effective Jan. 1, 1994.)
Rule 54.12 Service - In Rem or Quasi
In Rem Civil Actions
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.
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:
- Why personal service cannot
be had in this state on the
party to be served by mail, and
- 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.
Service by Publication.
- Service by publication shall
be by notice published by order
of the court or clerk thereof.
- 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.
- 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
plaintiffs 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.
- 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.
- 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.
(Adopted Jan. 19, 1973,
effective Sept. 1, 1973. Amended
June 1, 1993, effective Jan. 1,
1994; April 23, 1996, effective
Jan. 1, 1997.) Committee Note -
1974 [Repealed] (Repealed June
1, 1993, effective Jan. 1,
1994.)
Rule 54.13 Personal
Service Within the State
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.
How and on Whom Made.
Personal service within the state
shall be made as follows:
- 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.
- 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).
- 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.
- 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 court 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.
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.
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 1, 1993,
effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.14 Personal
Service Outside the State
By Whom Made.
Personal service outside the
state shall be made:
- 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;
- By a person appointed by the
court in which the action is
pending.
Upon Whom.
The service of process shall be
made as provided in Rule 54.13(b).
Acknowledgment.
Acknowledgment of service by mail
may be made as provided in Rule
54.16.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 1, 1993,
effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.15 Service on
Secretary of State, Secretary of
Public Service Commission and
Director of Insurance
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.
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.
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
_______(city), Missouri, by serving
the same on _______(here insert the
name of the public official.) Dated
at __________________, Missouri,
this ________ day of _______, 20__.
_____________________
(appropriate official)
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 1, 1993,
effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.16 Acknowledgement
of Service by Mail
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973. Amended June 14,
1988, effective Jan. 1, 1989; June
1, 1993, effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993, effective
Jan. 1, 1994.)
Rule 54.17 Service by
Publication [Repealed]
Repealed.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973; repealed June 1,
1993, effective Jan. 1, 1994.)
Rule 54.18 Service
Authorized by Statue
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973.)
Committee Note - 1974 This is new.
Rule 54.19 Provisions No
Bar to Personal Service in State
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973.)
Committee Note - 1974 This is
substantially the same as prior Rule
54.18.
Rule 54.20 Proof of
Service
- Within the State-Officer's
Returns-Affidavits of Service.
- 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.
- 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.
- If service of process is
made pursuant to Rule 54.16,
the defendant's
acknowledgment, executed
pursuant to Rule 54.16,
shall constitute proof of
service.
- Outside the State-Officer's
Returns-Affidavits of Service.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
(Adopted Jan. 19, 1973,
effective Sept. 1, 1973. Amended
June 5, 1980, effective Jan. 1,
1981; amended by L.1988, H.B.No.
1660, effective Aug. 13, 1988;
amended June 14, 1988, effective
Jan. 1, 1989; June 2, 1992,
effective Jan. 1, 1993; June 1,
1993, effective Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993,
effective Jan. 1, 1994.)
Rule 54.21 Time for
Service and Return
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.
(Adopted Jan. 19, 1973, effective
Sept. 1, 1973.)
Committee Note - 1974 This is
substantially the same as prior Rule
54.10 (d). Compare: Rule 4(g) of the
Federal Rules of Civil Procedure.
Rule 54.22 Court May Allow
Process, Return of Proof of Service
to be Amended, When
- 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.
- 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.
(Adopted Jan. 19, 1973,
effective Sept. 1, 1973. Amended
by L. 1984, H.B. No. 947, p.
792, § 1, effective Aug. 13,
1984; June 1, 1993, effective
Jan. 1, 1994.)
Committee Note - 1974 [Repealed]
(Repealed June 1, 1993,
effective Jan. 1, 1994.)
Rule 57.09 Subpoena for
Taking Deposition
- For Attendance of Witnesses;
Form; Issuance. Every subpoena
shall be issued by the officer
or person before whom
depositions may be taken as
designated in Rule 57.05 or
57.06 or by the clerk of the
court in which the civil action
is pending, shall state the name
of the court and the title of
the civil action, and shall
command each person to whom it
is directed to attend and give
testimony at a time and place
therein specified.
- For Production of
Documentary Evidence. A subpoena
may also command the person to
whom it is directed to produce
the books, papers, documents, or
tangible things designated
therein; but the court, upon
motion made promptly and in any
event at or before the time
specified in the subpoena for
compliance therewith, may (1)
quash or modify the subpoena if
it is unreasonable or oppressive
or (2) condition denial of the
motion upon the advancement by
the person in whose behalf the
subpoena is issued of the
reasonable cost of producing the
books, papers, documents, or
tangible things.
- Service. A subpoena may be
served by the sheriff, by a
sheriff's deputy, or by any
other person who is not a party
and is not less than eighteen
years of age. Service of a
subpoena upon a person named
therein shall be made by
delivering a copy thereof to
such person and by tendering to
that person the fees and mileage
the witness would have been
entitled to receive for
attending court pursuant to
subpoena.
- Authorization to Issue
Subpoena. Proof of service of a
notice to take a deposition as
provided in Rules 57.03 and
57.04 is sufficient to authorize
the issuance of a subpoena for
taking a deposition.
- Contempt. Any person who
without adequate excuse fails to
obey a subpoena served upon the
person may be held in contempt
of the court in which the civil
action is pending.
(Adopted March 29, 1974,
effective Jan. 1, 1976. Amended
Sept. 28, 1993, effective Jan.
1, 1994.)
Committee Note - 1974 The
sources are prior Rules 57.06
(b), 57.19, 57.20 and 57.38 and
Rule 45 of the Federal Rules of
Civil Procedure. Compare: Rule
45 of the Federal Rules of Civil
Procedure.
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