Missouri Motion for Juror Summonses to Be Served by Mail

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State:
Multi-State
Control #:
US-00795
Format:
Word; 
Rich Text
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Description

This is a model motion for jury summonses to be served by mail, rather than delivered by the sheriff's department or other official organ. Citing federal law, the motion argues that contact with government officials during the process of service would be presumptively prejudicial. You can adapt this form to fit your own facts and circumstances.
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FAQ

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.

Applicants must be 21 years of age, have a high school diploma or GED and no criminal record. All process servers are required to have E&O coverage with limits of at least $100,000. Please note that lobbyists are active in the state of Missouri and laws concerning civil procedure and process serving can change.

Upon an individual, Missouri Process Service should be done 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, ...

Service of the summons and petition upon a defendant of any class referred to in subdivision (1) or (3) of subsection 1 of this section may be made by the plaintiff or by any person authorized to serve process pursuant to section 506.140, by mailing a copy of the summons and petition by first-class mail, postage ...

When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff's deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper.

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.

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 only difference in the above levels of service (Routine & Rush) is the start times; they all include the process server making up to three (3) attempts (Morning, Afternoon & Evening).

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Missouri Motion for Juror Summonses to Be Served by Mail