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A Missouri prisoner in custody must file a Form 40 within 90 days after the direct appeal is final to institute a Rule 29.15 or 24.035 proceeding challenging his conviction and sentence. A Rule 29. 15 motion is used when the defendant was found guilty after a trial.
Waiver of Personal Service: When the respondent is willing to accept the petition, the respondent is provided with a copy of the petition and signs a form called "Entry of Appearance and Waiver of Service.? This form must be signed before a notary public and filed with the court.
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).
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.
There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.
Process servers are prohibited from trespassing on private property to serve process in nearly every state in the United States. Such incursions, no matter how innocuous, are considered not only invalid, but also illegal, and offenders may face penalties.
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.