The clerk must "forthwith" issue the summons or other process upon the filing of any pleading that requires service of process. Mo. R. Civ. P. 54.01(a).
The officer or process server must promptly serve and make return of service. Mo. R. Civ. P. 54.01(c); Mo. R. Civ. P. 54.21. If process cannot be served within thirty (30) days, it must be returned to the court with a statement of the reason for the failure. Mo. R. Civ. P. 54.21.
The court may order up to an additional ninety (90) days to allow service. Mo. R. Civ. P. 54.21.
Unless service is by publication, a copy of the summons and petition must be served together. Mo. R. Civ. P. 54.04.
The clerk must sign a summons and date it on the day it is issued, under seal of the court. Mo. R. Civ. P. 54.02.
The summons must be directed to the defendant and contain the name of the court and the parties. It must also state the name and address of the plaintiff's attorney or the plaintiff, if pro se . The summons must inform the defendant of the time and place he or she is to appear and defend, and that failure to do so will result in a default judgment. Mo. R. Civ. P. 54.02.
Service of process must be made by the sheriff or anyone over eighteen (18) years old who is not a party in the case. Mo. R. Civ. P. 54.13 (a) (amended eff 12/1/21).
Process issued within Missouri may be forwarded to the sheriff of any county for service within the state. Mo. R. Civ. P. 54.13 (d) (amended eff 12/1/21).
The circuit clerk may appoint a special process server, who must be a natural person, after a written form request. Appointment is at the risk of the person requesting it and does not include authorization to carry a concealed weapon. Special process servers may not serve any order regarding garnishment or seizure of property. St. Louis County LR 28.1 (amended eff 3/12/14).
Requests for appointment of a person other than the Sheriff to serve process shall be made on a “Request for Appointment of Process Server” electronic form, which may be found on the court's Forms page. St. Louis County LR 28.1 (E) (amended eff 3/12/14).
An individual, including an infant or incompetent person without a legal guardian, must be served by delivering a copy of the summons and petition to the person, by leaving it at his or her home with someone over eighteen (18) years old, or by delivering it to an authorized agent. Mo. R. Civ. P. 54.13 (b)(1) (amended eff 12/1/21).
A copy of the summons and petition must be served on any legally appointed conservator of an infant or incapacitated person. Mo. R. Civ. P. 54.13 (b)(2) (amended eff 12/1/21).
A foreign or domestic corporation, or a partnership or unincorporated association, may be served by delivering a copy of the summons and petition to its registered agent, to any agent authorized by appointment or law to receive service, or to an officer, partner, or managing or general agent at any business office of the defendant. Mo. R. Civ. P. 54.13 (b)(3) (amended eff 12/1/21).
The Clerk of the County Commission must be served for a county; a mayor, city clerk, or city attorney must be served for a city; and the chief executive officer, or any other person legally designated, must be served on behalf of any public, municipal, governmental, or quasi-public corporation or body. If none of the above are available for service, then the court may designate an appropriate person to be served. Mo. R. Civ. P. 54.13 (b)(4) (amended eff 12/1/21).
Any legally authorized person or his or her deputy, or any person appointed by court in which the case was filed, may serve process outside the state. Mo. R. Civ. P. 54.14(a). Service must be made in the same manner as personal service within the state, listed above. Mo. R. Civ. P. 54.14(b). The defendant may acknowledge service by mail. Mo. R. Civ. P. 54.14(c).
Service may be made "on any person, executor, administrator or other legal representative, firm or corporation, whether or not a citizen or resident of [Missouri]," who personally or through an agent:
1. Transacts business, enters into a contract, or commits a tort within Missouri;
2. Owns, uses, or possesses any real estate in Missouri;
Service may be made on any person (or the person's attorney) if he or she lived in Missouri while married for dissolution, separation, maintenance, or child support, disposition of marital property, or attorneys' fees or if the other party to the marriage lives in Missouri. Such service may also be made if a third-party resident of Missouri provided support to the spouse or children. Mo. R. Civ. P. 54.06(b).
Service may be made on any person, executor, administrator, or other legal representative who was domiciled in or a resident of Missouri at the time the cause of action accrued, the civil action began, or when process was served. Mo. R. Civ. P. 54.07.
The Missouri Secretary of State, the Secretary of the Public Service Commission, or the Director of Insurance must be served by delivering a copy of the summons and petition, with any required fee, on each official. Service may be either made personally or by mail. Mo. R. Civ. P. 54.15(a).
Any official served in this manner must send a copy of the summons and petition, along with a notice, by registered or certified mail, return receipt to be signed by the addressee. Mo. R. Civ. P. 54.15(b). The official must also file an affidavit that the notice was sent along with the original papers and the signed return certified or registered mail receipt. Mo. R. Civ. P. 54.20(c).
For a cause of action involving travel on a public highway, service on nonresident motorists or watercraft owners is made by delivering a copy of the summons and petition to the Missouri Secretary of State. R. S. Mo. 506.240.1; R. S. Mo. 506.340. The Secretary of State must immediately send a notice of service, along with a copy of the summons and petition, by registered mail to the defendant at his or her last known address. R. S. Mo. 506.240.2. See also Mo. R. Civ. P. 54.08.
Service may be made on a foreign corporation's registered agent or, if none is named, on the Missouri Secretary of State. In the latter case, a copy of the summons, notice, or demand must be delivered to the Secretary of State or the clerk in charge of the corporations department. The Secretary of State must immediately send a copy by registered mail to the corporation at its registered office in Missouri. R. S. Mo. 351.380.1
The Secretary of State must keep a record of all service on his or her office, with the time of service and the resulting action. R. S. Mo. 351.380.3
Any insurance company that engages in business in Missouri, including a contract of insurance to a Missouri resident or to a registered corporation or collecting premiums or fees, is deemed to have appointed the Missouri Director of Insurance to accept service in any action by or on behalf of an insured or beneficiary. The insurance company does not need to have an authorization on file with the Director of Insurance for this provision to apply. R. S. Mo. 375.256. See also Mo. R. Civ. P. 54.10.
A defendant may waive the need for service by executing a written acknowledgment and signing for the service of process. Mo. R. Civ. P. 54.13 (c) (amended eff 12/1/21).
With Notice and Acknowledgement
Any defendant, except for a public or quasi-public corporation or body, may be served by mail by forwarding a copy of the summons and petition by first class mail to the person to be served, along with two (2) copies of a notice and acknowledgment. The notice and acknowledgment must conform to Civil Procedure Form 4B or 4C. A return self-addressed stamped envelope must be included. Mo. R. Civ. P. 54.16.
If a statute specifies a method of service, service may be made either by that method or by any other method provided by the Civil Rules. Mo. R. Civ. P. 54.18.
Unless material prejudice would result to the substantial rights of the party against whom the process is issued, the court may allow a summons, return, or proof of service to be filed at any time. The return of service is prima facie evidence of service. Mo. R. Civ. P. 54.22(a).
When the return does not accurately reflect the facts of service, the party served or the officer or person providing service must be allowed to impeach the return. If the court finds the return to be false, it may set aside or modify a judgment in whole or part, or take any other appropriate action. Mo. R. Civ. P. 54.22(b).
An officer must complete the return of summons. Any other person making service must file an affidavit regarding the time, place, and manner of service. A defendant's written acknowledgment is proof of service by mail. Mo. R. Civ. P. 54.20(a).
An officer who serves a summons outside the state must make an affidavit before his or her court clerk or judge, or another person with authority to administer an oath, stating the time, place, and manner of service, the nature of his office, and his authority to provide service. Any other person appointed by the court must file an affidavit stating the time, place, and manner of service. The affidavits may be considered by the court in determining sufficiency of service. Mo. R. Civ. P. 54.20(b)(1); Mo. R. Civ. P. 54.20(b)(2).
If service outside the state is by mail, the written acknowledgment is proof of service. Mo. R. Civ. P. 54.20(b)(3).
The clerk's certificate that a copy of the summons and petition was mailed constitutes proof of service by publication. The return certified or registered mail receipt must be filed with the court. Mo. R. Civ. P. 54.20(d).
To show proof of service by publication, an affidavit must be filed indicating the dates of publication and the newspaper in which it appeared, with a copy of the notice attached. The clerk must also issue a certificate that a copy of the notice of order for service by publication and the petition were mailed to the defendant, and must include the date of mailing. Mo. R. Civ. P. 54.20(e).
If service is refused, either within or outside the state, the server must show the offer of service and its refusal on the return. If service by mail is refused, the notation of refusal by the postal worker constitutes proof of service. Mo. R. Civ. P. 54.20(f).
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