Process Server Laws in Missouri

RSMo §§ 544.180, 544.190; Mo. Sup. Ct. R. 22.01

Arrest warrants in Missouri are executed by law enforcement officers. Under RSMo § 544.180, a warrant may be executed by any peace officer in the state. The officer must have the warrant in possession or inform the defendant of the charge. Private process servers cannot execute criminal arrest warrants in Missouri.

Mo. Sup. Ct. R. 25.10; RSMo §§ 491.090, 491.100

Criminal subpoenas in Missouri are served under Mo. Sup. Ct. R. 25.10 and RSMo § 491.090. Service is by personal delivery to the witness by a sheriff, deputy, or any other authorized person. Witness fees and mileage must be tendered at time of service. A witness who fails to appear may be held in contempt and a body attachment may issue.

Mo. Sup. Ct. R. 22.01; RSMo § 543.010

Criminal summonses in Missouri are issued by the court and served by a sheriff, deputy, or other law enforcement officer. Under Mo. Sup. Ct. R. 22.01, the summons commands the defendant to appear at a specified time and place. Service is by personal delivery to the defendant. If the defendant cannot be found, the court may issue an arrest warrant. Private process servers generally cannot serve criminal summonses.

Mo. Sup. Ct. R. 22.01; RSMo § 544.190

The officer serving criminal process must make a return to the court showing the date and manner of service. Under Mo. Sup. Ct. R. 22.01, if the summons cannot be served, the officer returns it with a statement of the reason. For warrants, the officer endorses the date and place of execution on the warrant and files it with the clerk.

Mo. Sup. Ct. R. 54.13; RSMo §§ 452.700, 452.375

Custody actions in Missouri are filed in Circuit Court. Service follows standard Mo. Sup. Ct. R. 54.13 rules. Under the Missouri UCCJEA (RSMo §§ 452.700 et seq.), Missouri must have home-state jurisdiction. The respondent has 30 days to answer. The Guardian Ad Litem represents the child's best interests. Missouri courts apply the best-interest factors under RSMo § 452.375.

Mo. Sup. Ct. R. 54.13; RSMo §§ 452.310, 452.315

Divorce (dissolution) petitions in Missouri are filed in Circuit Court. Service follows Mo. Sup. Ct. R. 54.13 — personal delivery by any non-party person, sheriff, or deputy. Substitute service at the defendant's dwelling or place of business is permitted under Rule 54.13(b)(2). The respondent has 30 days to answer after service. Under RSMo § 452.310, Missouri requires a 30-day waiting period before final judgment.

RSMo §§ 455.040, 455.045, 455.085

Under RSMo § 455.040, a petitioner may obtain a temporary ex parte order of protection. The order must be served on the respondent by a sheriff, deputy, or police officer by personal delivery. If the respondent cannot be found after due diligence, the court may authorize service by publication or other alternative means. Violation of an order of protection is a class A misdemeanor (RSMo § 455.085).

RSMo §§ 211.101, 211.111; Mo. Sup. Ct. R. 110.04

In juvenile proceedings under RSMo § 211.101, the juvenile officer files a petition with the juvenile court. Summonses are served on the juvenile (if 12 or older), parent, guardian, or custodian. Service is by personal delivery by a sheriff, deputy, or juvenile officer at least 72 hours before the hearing. If personal service cannot be made, the court may authorize service by certified mail or publication.

Rule 54.13

Missouri Supreme Court Rule 54.13. Process Server St. Louis

RSMo §§ 473.033, 473.050, 473.233

Under RSMo § 473.033, the personal representative must publish notice to creditors once a week for four successive weeks in a newspaper of general circulation in the county. Known creditors must be notified by mail within 30 days of the first publication. Creditors have 6 months from the date of first publication to file claims. Missouri also requires filing an inventory within 30 days of appointment.

RSMo §§ 475.060, 475.075; Mo. Sup. Ct. R. 68.04

Guardianship petitions for incapacitated persons are filed in Probate Court under RSMo § 475.060. Notice must be served personally on the alleged incapacitated person at least 10 days before the hearing. Notice must also be given by mail to the spouse, parents, adult children, and any person having care or custody. The court appoints a guardian ad litem and orders a professional evaluation. Annual status reports are required.

RSMo §§ 473.083, 473.087; Mo. Sup. Ct. R. 54.13

A will contest in Missouri must be filed in Circuit Court within 6 months after the date of the admission of the will to probate (RSMo § 473.083). All interested persons must be made parties and served under Mo. Sup. Ct. R. 54.13 by personal delivery. A jury trial may be demanded. The contestant must prove lack of testamentary capacity, undue influence, fraud, or improper execution.

No statewide licensing/registration/bonding required. Local reqs in St. Louis City by Sheriff (training, E&O insurance). No overseeing state agency/statute

Rule 54.13(a)

Rule 54.13(a): sheriff or person >18 years not a party. RSMo 506.140. RSMo 506.140

Rule 54.20

Rule 54.20 & RSMo 506.180 require affidavit by non-officer as to time/place/manner; not explicitly notarized but standard practice. RSMo 506.180

Missouri has no mandatory form; V.A.M.S. 509.030 accepts declarations.

Missouri does not have a mandatory statewide form. Rule 54.20 and RSMo 506.180 govern service. Officers provide a signed written return; non-officers provide an affidavit. Generic declarations are accepted under V.A.M.S. 509.030. The Mighty Affidavit Generator automatically selects the correct proof of service template for Missouri and fills it with your job data.

RSMo 575.160: Interference with legal process, Class B misdemeanor for knowingly obstructing person authorized to serve process. MRD Lawyers

No specific statute; process servers may not trespass or enter private property/gated communities without permission. Bradley Law

Rule 54.12(c)

Rule 54.12(c); also RSMo 506.160 for mail/publication in rem actions. Process Server St. Louis

Rule 57.09

Civil: Rule 57.09; general: RSMo 491.120 (reading or delivering copy). Same servers as process. RSMo 491.120

RSMo §§ 482.310, 482.315; Mo. Sup. Ct. R. 140.08

In Missouri small claims, the defendant must appear on the hearing date (typically 15-30 days after service). If the defendant fails to appear, a default judgment may be entered. The defendant may file a counterclaim up to $5,000 at least 7 days before the hearing. Either party may transfer the case to the general division of Circuit Court within 10 days if desiring a jury trial.

RSMo §§ 482.300, 482.305; Mo. Sup. Ct. R. 140.04

Missouri small claims are heard in Small Claims Court (a division of Circuit Court) for claims up to $5,000. Under RSMo § 482.305, the clerk serves the defendant by certified mail with return receipt or by personal delivery through a sheriff or private process server. The filing fee is approximately $25-$50. Attorneys may appear but are not required.

Rule 54.06(b)

No special rules; follows general civil rules incl. Rule 54.06(b) for nonresidents in dissolution cases. Torri's Legal Services

Follows general rules under Chapter 517 RSMo for associate circuit cases. Boone County Bar

No Sunday/time-of-day restrictions found. No special rules for govt/military noted. Avvo

Rule 54.13(b)(1)

Rule 54.13(b)(1): leave at dwelling with family member age 15+. Process Server St. Louis

RSMo §§ 302.341, 479.353

If a defendant fails to appear for a traffic citation in Missouri, the court may issue a bench warrant and assess additional court costs. Under RSMo § 302.341, the DOR (Department of Revenue) may suspend the driver's license for failure to appear or pay. A $20 reinstatement fee applies. For municipal violations, SB 5 (2015) limits the percentage of revenue cities may derive from traffic fines.

RSMo §§ 302.700, 300.585, 479.050

Missouri traffic citations are issued by law enforcement officers at the scene as a uniform traffic ticket. Under RSMo § 302.700, the officer delivers a copy to the violator. For municipal ordinance violations, the city attorney may file a complaint and the court issues a summons. Most minor traffic offenses in Missouri are classified as infractions (no jail) or misdemeanors.