Civil/Criminal Process Service
FLES conducts Civil Process in Missouri. We will serve papers anywhere, except Saint Louis.
Types of Civil Documents we serve:
All subponesas
Notice to quit
Probate Citations
Summons and Complaints
All Probate Court documents
Notice of Trespass
Modifications
Demand for bad checks payment
Divorce
Paternity
Summary Process
Small Claims
Evictions
Past due notice
Witness summons
Child support
Missouri Law:.
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1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)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Rule 54.03 Service of Process Within the State – By Whom [Repealed]
Repealed. (Adopted Jan. 19, 1973, effective Sept. 1, 1973; repealed June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:
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.
•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.
p(#acknowledgment), 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.)
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(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.
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
acknowledgment, executed pursuant to Rule 54.16, shall constitute proof
of service.
•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.
•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, \u00a7 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.
Federal Law:
USC Title 18 1501
Whoever knowingly and willfully obstructs, resists, or opposes any
officer of the United States, or other person duly authorized, in
serving, or attempting to serve or execute, any legal or judicial writ
or process of any court of the United States, or United States
magistrate judge; or
Whoever assaults, beats, or wounds any officer or other person duly
authorized, knowing him to be such officer, or other person so duly
authorized, in serving or executing any such writ, rule, order, process,
warrant, or other legal or judicial writ or process—
Shall, except as otherwise provided by law, be fined under this title or
imprisoned not more than one year, or both.
Federal Rule 45
(b) Service.
(1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas.
Any person who is at least 18 years old and not a party may serve a
subpoena. Serving a subpoena requires delivering a copy to the named
person and, if the subpoena requires that person's attendance, tendering
the fees for 1 day's attendance and the mileage allowed by law. Fees and
mileage need not be tendered when the subpoena issues on behalf of the
United States or any of its officers or agencies. If the subpoena
commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, then
before it is served, a notice must be served on each party.
(2) Service in the United States.
Subject to Rule 45(c)(3)(A)(ii), a subpoena may be served at any place:
(A) within the district of the issuing court;
(B) outside that district but within 100 miles of the place specified
for the deposition, hearing, trial, production, or inspection;
(C) within the state of the issuing court if a state statute or court
rule allows service at that place of a subpoena issued by a state court
of general jurisdiction sitting in the place specified for the
deposition, hearing, trial, production, or inspection; or
(D) that the court authorizes on motion and for good cause, if a federal
statute so provides.
(3) Service in a Foreign Country.
28 U.S.C. § 1783 governs issuing and serving a subpoena directed to a
United States national or resident who is in a foreign country.
(4) Proof of Service.
Proving service, when necessary, requires filing with the issuing court
a statement showing the date and manner of service and the names of the
persons served. The statement must be certified by the server.