Missouri Proof of Service

State:
Missouri
Control #:
MO-SKU-1409
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PDF
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Description

Proof of Service

Missouri Proof of Service is a document filed with the court to prove that a party to a legal action has been notified of the legal proceedings. It is used in civil court cases to ensure that all parties are aware of the lawsuit and their rights. There are three main types of Missouri Proof of Service: personal service, substituted service, and service by mail. Personal service involves a court representative, such as a sheriff or process server, delivering a summons and complaint to the party, who must sign the document to acknowledge receipt. Substituted service involves leaving the document with an adult at the party's residence or place of business and mailing a copy to the party. Service by mail involves sending the document through the U.S. Postal Service to the party's last known address. Once the Proof of Service is filed, the court will review it and decide if it is proper.

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FAQ

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.

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

54.12. (a) 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.

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.

Certificate of Service: A form filed with a court's clerk's office stating that the opposing party in a lawsuit received copies of papers filed in the case.

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.

More info

Tells the court that you had legal papers in a civil case - other than a summons - delivered to (served on) the other party. Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them.A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. It is a written version of a sworn statement attesting to the completion of service of process. A person over 18 years of age must serve the documents. This document is "proof" to the Court of the "service" you completed for the document you are filing. You complete a Certificate of Service or Proof of Service form that describes how and when you served the papers. An affidavit (certificate) of service provides proof after documents have been delivered to a recipient. Form Approved for Optional Use.

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Missouri Proof of Service