Who may serve a summons and petition in Missouri?

The sheriff or any person over 18 who is not a party to the action may serve it, under Mo. Sup. Ct. Rule 54.13(a); RSMo section 506.140.1 also allows a deputy, or the coroner if the sheriff is disqualified. No court appointment or statewide license is required for that non-party server.

Can I serve my own summons in a Missouri lawsuit?

No. Rule 54.13(a) requires service by the sheriff or a person over 18 who is not a party to the action (RSMo section 506.140.1 also allows a deputy or, if the sheriff is disqualified, the coroner), so a plaintiff or defendant cannot serve their own summons and petition.

Does Missouri require a private process server to be appointed by the court?

No, under the controlling rule. An older statute, RSMo section 506.140.1, says a non-sheriff server must be specially appointed by the court or circuit clerk, but the more recent Rule 54.13(a) is the rule process servers and self-help guidance rely on, and it requires no appointment for an adult non-party server.

Does Missouri require an affidavit or a written return to prove service?

It depends on who serves. A sheriff, deputy, or coroner proves service with a signed written return, and no oath is required. A private, non-officer server must instead make an affidavit as to the time, place, and manner of service, under Rule 54.20(a)(2).

Is there an official Missouri proof of service form?

Yes. The statewide summons, Civil Procedure Form No. 1, prints a Return on Service of Summons on its reverse. If the court that issued the summons requires its own version of the return, that court's form controls.

Is ordinary mail alone enough to serve a Missouri summons?

No. Missouri's notice-and-acknowledgment mail procedure under Rule 54.16 requires first-class mail with two copies of Civil Procedure Form No. 4-B and a prepaid return envelope, and the signed acknowledgment of receipt is what constitutes the proof of service. If it is not returned within 30 days, the papers must be served by another method.

How long do I have to serve a summons in Missouri?

Process must be served, or returned to the court with a statement of why it could not be served, within 30 days after the date of issue. A court may extend that period up to 90 days from the date of issue (Rule 54.21).

Is there a deadline to file proof of service in Missouri?

The same 30-day clock applies. The return of service, which doubles as the proof of service under Rule 54.20, must come back to the court within 30 days of issuance, or up to 90 days if the court has extended the time for service.

How do I prove service of a motion or other later paper in a Missouri case?

Later papers are served on the attorney of record if the party has one, otherwise the party, by personal delivery, mail, fax, or e-mail, under Rule 43.01. Proof is shown by a written certificate of service or an acknowledgment of receipt, and unlike the summons, a self-represented party may serve and certify their own later papers.

Does this Missouri proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Missouri Proof of Service

Missouri lets any adult who is not a party serve a summons and petition anywhere in the state with no court appointment, but a private server must prove it by affidavit rather than the unsworn return an officer signs.

Find out where you stand in Missouri

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

Missouri lets any person over 18 who is not a party serve a summons and petition anywhere in the state, with no court appointment required (Rule 54.13(a)); a sheriff or deputy, or the coroner if the sheriff is disqualified, may also serve (RSMo section 506.140.1). A party cannot serve their own summons. The statewide summons, Civil Procedure Form No. 1, prints a Return on Service of Summons on its reverse, and the court's own version controls if required. A sheriff, deputy, or coroner proves service with a signed written return, no oath required; a private server must instead make an affidavit (Rule 54.20(a)(2)), implying a sworn, notarized statement. Besides personal delivery, a copy may be left at the dwelling house or usual place of abode with someone at least 18 who lives there. Ordinary mail alone does not serve a summons. Mail service under Rule 54.16 sends the papers with Civil Procedure Form No. 4-B and a prepaid return envelope; the signed acknowledgment becomes the proof of service, and if none returns within 30 days, the papers must be served another way. Serve process within 30 days after issuance, or return it explaining the failure; a court may extend that window up to 90 days, and the same return doubles as proof of service. Later papers go to the attorney of record or the party by delivery, mail, fax, or e-mail, proven by a written certificate of service; unlike the summons, a self-represented party may serve and certify those papers. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before filing.

Key Things to Know

1
Any person over 18 who is not a party may serve a summons and petition anywhere in Missouri, with no court appointment or statewide license required (Rule 54.13(a)); a sheriff, deputy, or, if the sheriff is disqualified, the coroner may also serve (RSMo section 506.140.1). The statewide summons, Civil Procedure Form No. 1, prints a Return on Service of Summons on its reverse, and the court's own version controls if one is required.
2
An older statute, RSMo section 506.140.1, says a non-sheriff, non-coroner server must be specially appointed by the court or circuit clerk, but the more recent Rule 54.13(a) is the rule process servers and self-help guidance rely on, and it requires no such appointment for an adult non-party server. The deputy and coroner options come from that same statute.
3
A sheriff, deputy, or coroner proves service with a signed written return and no oath. A private server must instead make an affidavit as to the time, place and manner of service (Rule 54.20(a)(2)); an affidavit implies a sworn, notarized statement.
4
Besides personal delivery, a copy of the summons and petition may be left at the person's dwelling house or usual place of abode with someone at least 18 years old who resides there, or delivered to an authorized agent (Rule 54.13(b)(1)); a business is served through an officer, partner, managing or general agent, at its office with the person in charge, or through its registered agent (Rule 54.13(b)(3)).
5
Ordinary mail alone does not serve a summons. Missouri's notice-and-acknowledgment mail procedure under Rule 54.16 sends first-class mail with two copies of Civil Procedure Form No. 4-B and a prepaid return envelope; the signed acknowledgment is the proof of service, and if none returns within 30 days, the papers must be served another way, with costs of that service taxable against the person who failed to return the form.
6
Process must be served, or returned to the court with the reason it could not be, within 30 days after the date of issue; a court may extend that window up to 90 days from issuance (Rule 54.21). The return filed within that same window doubles as the proof of service.
7
Later papers such as motions are served on the attorney of record if the party has one, otherwise the party, by personal delivery, mail, fax, or e-mail, and proof is a written certificate or an acknowledgment of receipt stating who was served, when, how, and the address used (Rule 43.01). Unlike the summons, a self-represented party may serve and certify their own later papers.

Key decisions before you file

Before you file a Proof of Service in Missouri, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

Customize your Proof of Service Template with DocDraft

RETURN ON SERVICE OF SUMMONS AND PROOF OF SERVICE

Missouri's statewide summons, Civil Procedure Form No. 1, prints a Return on Service of Summons on its reverse (Mo. Sup. Ct. Rule 54, Civil Procedure Forms appendix). If the issuing court requires its own version, that court's form controls instead of this one.

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI CASE NO. [CASE NUMBER]

I received the summons and petition for service on [DATE RECEIVED FOR SERVICE].

I served a copy of the summons and [PETITION OR OTHER PAPERS SERVED] on [NAME OF PERSON OR ENTITY SERVED] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR PLACE OF SERVICE].

METHOD OF SERVICE

[ ] PERSONAL SERVICE. I delivered the summons and petition to the defendant in person, as Mo. Sup. Ct. Rule 54.13(b)(1) requires.

[ ] ABODE SERVICE. I left copies of the summons and petition at the defendant's dwelling house or usual place of abode with [NAME OF PERSON LEFT WITH], who is at least 18 years old and resides there, as Rule 54.13(b)(1) requires.

[IF APPLICABLE: CORPORATE OR ENTITY SERVICE. I delivered the summons and petition to [NAME AND TITLE OF OFFICER, PARTNER, OR MANAGING OR GENERAL AGENT], or left copies at the entity's business office with [NAME OF PERSON IN CHARGE], or delivered them to the entity's registered agent, [NAME OF REGISTERED AGENT], as Rule 54.13(b)(3) requires.]

[IF APPLICABLE: MAIL SERVICE WITH ACKNOWLEDGMENT. I mailed the summons and petition by first-class mail on [DATE OF MAILING], with two copies of the Notice and Acknowledgment, Civil Procedure Form No. 4-B, and a prepaid return envelope, as Rule 54.16 requires. The signed acknowledgment, returned on [DATE ACKNOWLEDGMENT RETURNED], is attached and constitutes the proof of service under Rule 54.20(a)(3).]

SERVER INFORMATION

Server: [NAME OF SERVER] Address: [ADDRESS OF SERVER] [ ] Sheriff or deputy of [COUNTY] County, Missouri. [ ] Coroner of [COUNTY] County, Missouri, the sheriff being disqualified. [ ] Person over the age of 18 years who is not a party to this action, under Rule 54.13(a).

OFFICER RETURN

[IF APPLICABLE: I am the sheriff, deputy, or coroner named above, and I certify that the foregoing statement of the time, place, and manner of service is true, as Rule 54.20(a)(1) requires.

[SIGNATURE] [NAME AND TITLE]]

NON-OFFICER AFFIDAVIT

[IF APPLICABLE: I am not a party to this action and I am over the age of 18 years. Being duly sworn, I state that the foregoing statement of the time, place, and manner of service is true, as Rule 54.20(a)(2) requires.

[SIGNATURE] [NAME OF SERVER]

Subscribed and sworn to before me on [DATE] by [NAME OF SERVER].

[SIGNATURE OF NOTARY PUBLIC] Notary Public, State of Missouri My commission expires: [DATE]]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: On [DATE], I served a copy of [TITLE OF LATER PAPER] on [NAME OF ATTORNEY OF RECORD, OR PARTY IF SELF-REPRESENTED] by [PERSONAL DELIVERY, MAIL, FAX, OR E-MAIL], at [ADDRESS, FAX NUMBER, OR E-MAIL ADDRESS], as Mo. Sup. Ct. Rule 43.01 requires.

[SIGNATURE] [NAME OF PERSON WHO SERVED THE PAPER]]

Missouri Requirements for Proof of Service

Non-Party Server Over 18, No Court Appointment Required
Any person over 18 who is not a party to the action may serve a summons and petition anywhere in Missouri, with no court appointment or statewide license required (Mo. Sup. Ct. Rule 54.13(a)).
Party Barred From Serving the Summons
A party to the action cannot serve their own summons and petition. Rule 54.13(a) calls for the sheriff or a non-party adult server; RSMo section 506.140.1 also allows a deputy or, if the sheriff is disqualified, the coroner.
Rule 54.13(a) Relied On Over Older Appointment Statute
RSMo section 506.140.1 requires a non-sheriff, non-coroner server to be specially appointed by the court or circuit clerk, but Rule 54.13(a), amended more recently, is the rule process servers and self-help guidance rely on, and it allows any adult non-party to serve without that appointment.
Affidavit Required for a Non-Officer Server's Proof
A private, non-officer server must make an affidavit as to the time, place, and manner of service; a sheriff, deputy, or coroner instead signs a written return with no oath required (Rule 54.20(a)(1)-(2)).
Return on Service of Summons Printed on Form No. 1
The statewide summons, Civil Procedure Form No. 1, prints a Return on Service of Summons on its reverse. If the issuing court requires its own version of the return, that court's form controls.
Notice and Acknowledgment Required for Mail Service
Mail service of a summons requires first-class mail with two copies of the Notice and Acknowledgment, Civil Procedure Form No. 4-B, and a prepaid return envelope; the signed acknowledgment is the proof of service, and if none returns within 30 days the papers must be served another way (Rule 54.16; RSMo section 506.150.4-.5).
Abode Service on a Resident Over 18
Besides personal delivery, a copy of the summons and petition may be left at the person's dwelling house or usual place of abode with someone at least 18 years old who resides there (Rule 54.13(b)(1)).
30-Day Deadline to Serve and Return Proof, Extendable to 90 Days
Process must be served, or returned to the court with the reason it could not be, within 30 days after the date of issue; a court may extend that period up to 90 days from issuance (Rule 54.21).
Certificate of Service for Later Papers, Self-Represented Party May Serve
Later papers are served on the attorney of record or the party under Rule 43.01, proven by a written certificate of service or acknowledgment of receipt; unlike the summons, a self-represented party may serve and certify their own later papers.

Find out where you stand in Missouri

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Missouri Requirements for Proof of Service

Non-Party Server Over 18, No Court Appointment Required

Party Barred From Serving the Summons

Rule 54.13(a) Relied On Over Older Appointment Statute

Affidavit Required for a Non-Officer Server's Proof

Return on Service of Summons Printed on Form No. 1

Notice and Acknowledgment Required for Mail Service

Abode Service on a Resident Over 18

30-Day Deadline to Serve and Return Proof, Extendable to 90 Days

Certificate of Service for Later Papers, Self-Represented Party May Serve

Frequently Asked Questions