Who shall serve process--fees paid to special process server may be taxed as costs in a claim.
506.140. 1. Service of process, except as otherwise provided, shall be made by a sheriff, or such sheriff's deputy, or in case the sheriff in any cause is for any reason disqualified, then process may be issued to and served by the coroner of the county in which such process is to be served; or some person, other than a sheriff or coroner, may be specially appointed by the court or the circuit clerk following procedures established by local court rules for service of process in any cause, but such appointment shall be valid for service of the process only for which such person was specially appointed.
2. A party may file an application to the court requesting that any fees paid to a special process server be awarded in any judgment entered in the action. The court may enter judgment in the reasonable amount of such fees.
(L. 1943 p. 353 § 26, A.L. 1992 S.B. 818, A.L. 1996 S.B. 869) Effective 7-1-97 CROSS REFERENCE: Coroner to execute process, when, RSMo 58.190, 58.200
August 28, 2007
Service of summons--court date included in summons.
535.030. 1. Such summons shall be served as in other civil cases at least four days before the court date in the summons. The summons shall include a court date which shall not be more than twenty-one business days from the date the summons is issued unless at the time of filing the affidavit the plaintiff or plaintiff's attorney consents in writing to a later date.
2. In addition to attempted personal service, the plaintiff may request, and thereupon the clerk of the court shall make an order directing that the officer, or other person empowered to execute the summons, shall also serve the same by securely affixing a copy of such summons and the complaint in a conspicuous place on the dwelling of the premises in question at least ten days before the court date in such summons, and by also mailing a copy of the summons and complaint to the defendant at the defendant's last known address by ordinary mail at least ten days before the court date. If the officer, or other person empowered to execute the summons, shall return that the defendant is not found, or that the defendant has absconded or vacated his or her usual place of abode in this state, and if proof be made by affidavit of the posting and of the mailing of a copy of the summons and complaint, the judge shall at the request of the plaintiff proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had issuance of an alias summons and service of the same by posting and mailing in the time aas in other cases, except that no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure set forth in this section.
3. If the plaintiff does not request service of the original summons by posting and mailing as provided in subsection 2 of this section, and if the officer, or other person empowered to execute the summons, makes return that the defendant is not found, or that the defendant has absconded or vacated the defendant's usual place of abode in this state, the plaintiff may request the and manner provided in subsection 2 of this section. In addition, the plaintiff or an agent of the plaintiff who is at least eighteen years of age may serve the summons by posting and mailing a copy of the summons in the time and manner provided in subsection 2 of this section. Upon proof by affidavit of the posting and of the mailing of a copy of the summons or alias summons and the complaint, the judge shall proceed to hear the case as if there had been personal service, and judgment shall be rendered and proceedings had as in other cases, except that no money judgment shall be granted the plaintiff where the defendant is in default and service is by the posting and mailing procedure provided in subsection 2 of this section.
4. On the date judgment is rendered as provided in this section where the defendant is in default, the clerk of the court shall mail to the defendant at the defendant's last known address by certified mail, with a request for return receipt and with directions to deliver to the addressee only, a notice informing the defendant of the judgment and the date it was entered, and stating that the defendant has ten days from the date of the judgment to file a motion to set aside the judgment or to file an application for a trial de novo in the circuit court, as the case may be, and that unless the judgment is set aside or an application for a trial de novo is filed within ten days, the judgment will become final and the defendant will be subject to eviction from the premises without further notice.
AL. 1991 H.B. L549, A.L. 1997 H.B. 361, A.L. 1999 H.B. 242, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211) Prior revisions: 1929 § 2608; 1919 § 6902; 1909 § 7905
Offenses Against the Administration of Justice
August 28, 2011
Interference with legal process.
575.160. 1. A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person.
2. "Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
3. Interference with legal process is a class B misdemeanor.
Offenses Against the Administration of Justice
August 28, 2011
Refusing to make an employee available for service of process.
575.170. 1. Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.
2. Refusing to make an employee available for service of process is a class C misdemeanor.
(L. 1977 S.B. 60)
MO Supreme Court Rule 43.01
43.01. Service of Pleadings and Other Papers
(a) Service - When Required. Each affected party shall be served with:
(1) Every pleading subsequent to the original petition;
(2) Every written motion, other than one that may be heard ex parte; and
(3) Every written notice, appearance, demand, offer of judgment, order, and similar paper that by statute, court rule or order is required to be served.
No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons.
(b) Service - on Attorney. Whenever under these rules or any of the statutes of this state service is required or permitted to be made upon a party represented by an attorney of record, the service shall be made upon the attorney unless service upon the party is ordered by the court. When a party is represented by more than one attorney, service may be made upon any such attorney.
(c) Service - How and by Whom Made. Attorneys and non-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, and electronic addresses. This information shall be kept current at all times. Service may be directed to any of these addresses, except service to an electronic mail address. Service to an electronic mail address can only be made on those filing a consent to such service substantially in the form of Civil Procedure Form No. 17.
Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:
(1) Upon the attorney:
(A) By delivering a copy to the attorney;
(B) By leaving a copy at the attorney’s office with a clerk, receptionist, or secretary or with an attorney employed by or associated with the attorney to be served;
(C) By facsimile transmission;
(D) By electronic mail to a consenting attorney; or
(E) By mailing a copy to the attorney at the attorney’s last known address;
(2) Upon a party:
(A) By delivering or mailing a copy to the party;
(B) By facsimile transmission;
(C) By electronic mail to a consenting party; or
(D) By serving a copy in the manner provided for service of summons in Rule 54.13.
(d) Service - When Complete. Personal service on attorneys and non-represented parties and service by leaving a copy at the attorney’s office is complete upon delivery.
Service by mail is complete upon mailing.
Service by facsimile transmission or electronic mail is complete upon transmission, except that a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m. shall be complete on the next day that is not a Saturday, Sunday, or legal holiday.
(e) Service - How Shown. Service may be shown by acknowledgment of receipt, by affidavit or by written certificate of counsel making such service. Affidavits of service and counsel’s certificates of service shall state the:
(1) Name of each person served;
(2) Date of service;
(3) Method of service; and
(4) Address of service, such as mailing address, facsimile number or electronic mail address.
(f) Service - Numerous Defendants. If there are unusually large numbers of defendants in an action, the court, upon motion or of its own initiative, may order that:
(1) Service of the pleadings of the defendants, and reply thereto, need not be made as between the defendants;
(2) Any cross-claim, counterclaim, or pleading constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties; and
(3) The filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties.
A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(g) Service - Time for - When No Time Specified. When provision is made for the time of filing papers and none is made for the time of service thereof, copies shall be served on the day of filing or as soon thereafter as can be done.
(h) Service of Orders, Judgments and Other Documents. Any order, judgment or other document issued by the court may be transmitted to the attorney or party as authorized in Rule 43.01(c), provided service pursuant to Rule 54 is not required. Such documents may be transmitted to non-parties in the same manner as is authorized for service upon an attorney.
(Adopted February 1, 1972, effective September 1, 1972. Amended January 19, 1973, effective September 1, 1973. Amended May 22, 1987, effective January 1, 1988. Amended July 1, 1990. Amended June 1, 1993, effective January 1, 1994. Amended September 28, 1993, effective January 1, 1994. Amended April 23, 1996, effective January 1, 1997. Amended June 21, 2005, effective January 1, 2006.)
COMMITTEE NOTE - 1974
Paragraph (a) is substantially the same as prior Rule 43.01(a).
An order is added to the list of papers required to be served. Paragraphs (b), (c) and (d) are substantially the same as prior Rule 43.01(b), (c), (d) and (f). The following sentence is added in paragraph (b):
"When a party is represented by more than one attorney service may be made upon any such attorney."
Paragraph (e) is the same as prior Rule 43.01(e).
Paragraph (f) is the same as prior Rule 43.01(g).
Paragraph (g) is the same as prior Rule 43.01(h).
Paragraph (h) is the same as prior Rule 43.01(i).
Compare: Rule 5 of the Federal Rules of Civil Procedure.
MO Supreme Court Rule 54.13
(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.
(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994; June 21, 2002, eff. Jan. 1, 2003.)
MO Supreme Court Rule 54.20
54.20. Proof of Service
(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.
(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 5, 1980, eff. Jan. 1, 1981; L.1988, H.B. No. 1600, eff. Aug. 13, 1988; amended June 14, 1988, eff. Jan. 1, 1989; June 2, 1992, eff. Jan. 1, 1993; June 1, 1993, eff. Jan. 1, 1994.)
MO Supreme Court Rule 54.21
54.21. Time for Service and Return
http://www.Courts.mo.gov 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, eff. 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.