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Missouri Summons in a Civil Case

Missouri Summons in a Civil Case

Name: Missouri Summons in a Civil Case
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.63 (391 reviews)

Category:

Missouri Federal - District Court - Western District

State:

Missouri

Control #:

MO-SKU-0409

Format:

Instant download

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Description

Summons in a Civil Case A Missouri Summons in a Civil Case is a legal document issued by a court to alert a defendant of an impending lawsuit. It requires the defendant to appear before the court and respond to the allegations. Missouri has two types of summons in a civil case: the Original Summons and the Alias Summons. The Original Summons is issued first and requires the defendant to appear and answer the allegations within 30 days of receipt. The Alias Summons is issued if the defendant fails to respond to the Original Summons. It requires the defendant to appear and answer the allegations within 14 days of receipt. In both cases, the defendant is expected to respond to the allegations in the complaint and inform the court of their position. Failure to respond can result in a default judgment in favor of the plaintiff.

A Missouri Summons in a Civil Case is a legal document issued by a court to alert a defendant of an impending lawsuit. It requires the defendant to appear before the court and respond to the allegations. Missouri has two types of summons in a civil case: the Original Summons and the Alias Summons. The Original Summons is issued first and requires the defendant to appear and answer the allegations within 30 days of receipt. The Alias Summons is issued if the defendant fails to respond to the Original Summons. It requires the defendant to appear and answer the allegations within 14 days of receipt. In both cases, the defendant is expected to respond to the allegations in the complaint and inform the court of their position. Failure to respond can result in a default judgment in favor of the plaintiff.

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FAQ

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.

Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.

The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff's attorney, if any; otherwise the plaintiff's address.

Missouri summons last only 30-60 days.

The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.

54.12. (a) Service, Generally. In civil actions affecting a fund, will, trust, estate, specific property, or any interest therein, or any res or status within the jurisdiction of the court, service of process may be made as provided in Rule 54.13 or Rule 54.14, or as otherwise provided in this Rule 54.12.

54.02. The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff's attorney, if any; otherwise the plaintiff's address.

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.

More info

To: (Defendant's name and address). Summons in a Civil Action.Download Form (pdf, 24. AOCCV100 , Civil Forms (CV). Civil Summons. Files. File the original of the written answer with the Clerk of Superior Court of the county named above. (a) Summons - Issuance; who may serve. - Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. This is a basic checklist for answering a civil summons and complaint in North Dakota. State District Court.

Missouri Summons in a Civil Case

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