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Missouri Waiver of the Service of Summons

Category:
Federal - District Court - Eastern District - Civil
State:
Missouri
Control #:
MO-SKU-0484
Format:
PDF
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Description

Waiver of the Service of Summons
The Missouri Waiver of the Service of Summons is a document that is filed with the court when a defendant wishes to waive their right to be served with a summons or other court documents. The waiver allows the court to proceed with the case without the defendant having to be physically present in court. There are two types of Missouri Waiver of the Service of Summons. The first type is an unconditional waiver, which states that the defendant waives their right to be served with a summons and other court documents as well as their right to appear in court and contest the charges. The second type is a conditional waiver, which states that the defendant agrees to be served with a summons and other court documents, but reserves the right to appear in court and contest the charges.

The Missouri Waiver of the Service of Summons is a document that is filed with the court when a defendant wishes to waive their right to be served with a summons or other court documents. The waiver allows the court to proceed with the case without the defendant having to be physically present in court. There are two types of Missouri Waiver of the Service of Summons. The first type is an unconditional waiver, which states that the defendant waives their right to be served with a summons and other court documents as well as their right to appear in court and contest the charges. The second type is a conditional waiver, which states that the defendant agrees to be served with a summons and other court documents, but reserves the right to appear in court and contest the charges.

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FAQ

The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.

(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.

54.02. 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.

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.

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.

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.

54.20. (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.

The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.

Rule 54.13 - Personal Service Within the State (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.

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More info

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.Waiver of the Service of Summons. Download Form (pdf, 262. This request must be made in writing and accompany the summons from the original complaint. You sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. TO: (name of plaintiff's attorney or unrepresented plaintiff). I received your request that I waive service of a summons in the lawsuit of. Civil Action No. Defendant. (f) Waiver of Service of Summons.

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