Missouri Rules of Civil Procedure

Missouri's rules for serving a summons and petition are in the Missouri Supreme Court Rules of Civil Procedure, mainly Rule 54. Who can serve is also set by statute, in RSMo § 506.140.

Missouri has no statewide process server license. Service is made by the sheriff or by a person the court or circuit clerk specially appoints, under each circuit's local rules.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Missouri Courts website or ask an attorney before relying on it.

Missouri process servers

• Become a process server in Missouri
• Hire a process server in Missouri

Quick facts: process serving in Missouri

• Who can serve: The sheriff, or a person over 18 who isn't a party (Rule 54.13(a)). Outside the sheriff, servers are specially appointed by the court or circuit clerk under local court rules (RSMo § 506.140).
• Licensing: No statewide license. Each circuit court sets its own rules for appointing special process servers.
• Deadline to serve: Serve promptly. If the summons can't be served, it must be returned within 30 days after it's issued; the court can extend that to 90 days (Rule 54.21).
• Substituted service: Leave the papers at the person's dwelling house or usual place of abode with a person who lives there and is at least 18 (Rule 54.13(b)(1)).
• Proof of service: A non-officer server makes an affidavit stating the time, place and manner of service (Rule 54.20(a)).
• Time to respond: 30 days after service (Rule 55.25(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Missouri. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in Missouri?

Missouri doesn't license process servers statewide, but you can't just serve papers on your own either.

Under RSMo § 506.140, service is made by the sheriff or a deputy unless the law provides otherwise. The court or the circuit clerk can specially appoint someone else to serve process, following local court rules. That appointment is good only for the process it was made for. Under Rule 54.01(b), the clerk delivers the summons to the sheriff or the specially appointed person, or to the party if the party asks.

In practice, many circuits keep their own approval process or list for private process servers, and the requirements differ by circuit. Check the local rules of the circuit court where the case is filed before serving there.

A party can ask the court to include the special process server's fee in the judgment. The court can award a reasonable amount (RSMo § 506.140.2).

For a step-by-step guide, see Become a Process Server in Missouri.

How to serve a summons in Missouri

A copy of the summons and petition must be served together, except for service by publication (Rule 54.04). Process issued for service in Missouri can be served anywhere in the state (Rule 54.13(d)).

Personal service: Rule 54.13(b)(1)

The server hands a copy of the summons and petition to the person being served. This also applies to a minor or incompetent person who doesn't have a legally appointed guardian. If the person has a conservator, serve the conservator (Rule 54.13(b)(2)).

Abode service: Rule 54.13(b)(1)

The server can leave a copy of the summons and petition at the person's dwelling house or usual place of abode with someone who lives there and is at least 18. The current rule was last amended effective December 1, 2021.

Service on an agent: Rule 54.13(b)(1)

Papers can be delivered to an agent authorized by appointment or required by law to receive service.

Refusal: Rule 54.20(f)

If the person, or their authorized agent, refuses to take the papers, the server's offer to deliver them and the refusal count as proof of service when both are shown on the return.

Acknowledgment by mail: Rule 54.16

The summons and petition can be mailed first class with two copies of a notice and acknowledgment (Civil Procedure Form 4B or 4C) and a prepaid return envelope. If the acknowledgment isn't returned, serve another way. If it isn't returned within 30 days of mailing, the court will order the person to pay the costs of service unless they show good cause.

Written acknowledgment on the process: Rule 54.13(c)

A defendant can sign a written acknowledgment of service on the process itself and waive service by an officer.

Service outside Missouri: Rule 54.14

Personal service outside Missouri can be made by a person authorized to serve civil process where service is made, or by a person appointed by the Missouri court. The same methods as Rule 54.13(b) apply.

Mail and publication in property and status cases: Rule 54.12

In actions about property, a fund, an estate, a trust or a status within the court's jurisdiction:

• Certified or registered mail (Rule 54.12(b)): After the party files an affidavit explaining why personal service can't be had in Missouri, the clerk mails the summons and petition by registered or certified mail, return receipt signed by the addressee only.
• Publication (Rule 54.12(c)): After a verified statement showing why other service won't work, the court or clerk orders notice published once a week for four weeks in a local newspaper. The defendant has 45 days after the first publication to respond.

Serving businesses and other entities

• Corporations, partnerships and associations (Rule 54.13(b)(3)): Deliver a copy to an officer, partner, or managing or general agent, or leave copies at any business office of the defendant with the person in charge, or deliver copies to the registered agent. Registered agents are listed in the Missouri Secretary of State business search.
• Public bodies (Rule 54.13(b)(4)): For a county, serve the county commission clerk. For a city, serve the mayor, city clerk or city attorney. For other public bodies, serve the chief executive officer or anyone else lawfully designated. If none of them is available, the court can designate someone to receive service.
• Service through state officials (Rule 54.15): Where a statute allows service on the Secretary of State, the Public Service Commission or the Director of Insurance, that official then mails the papers to the defendant by registered or certified mail.

Serving a subpoena in Missouri

A deposition subpoena can be served by the sheriff or a deputy, or by any person who isn't a party and is at least 18 (Rule 57.09(d)). The server delivers a copy to the witness and, at the same time, tenders the fees and mileage the witness would get for attending court.

Proof of service

Under Rule 54.20:

• Officers make a signed written return stating the time, place and manner of service.
• Anyone else makes an affidavit stating the time, place and manner of service.
• Service outside Missouri is proved by affidavit, including the server's authority to serve where service was made.
• Acknowledgment by mail is proved by the defendant's signed acknowledgment.
• Publication is proved by an affidavit showing the dates and the newspaper, with a copy of the notice attached.

The return is prima facie evidence of the facts in it, but the person served can challenge it, and the court can set aside a judgment if the return isn't true (Rule 54.22). The court can also allow the return to be amended.

Hire a Missouri process server

Find agencies in St. Louis, or browse the Missouri process server directory.

More Missouri resources

• Become a Process Server in Missouri
• Courts in Missouri
• Missouri Supreme Court Rules (Missouri Courts)
• RSMo § 506.140 (Missouri Revisor of Statutes)

This page is a general overview of Missouri law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.