Missouri Third Party Summons is a legal process used in Missouri courts to serve a complaint or other court document to a person who is not a party to the case. This process is used in Missouri when the person to be served is not a party to the case and cannot be found within the state of Missouri. It is generally used when the person to be served is in another state, or out of the country. There are two types of Missouri Third Party Summons: a long arm summons and a foreign summons. A long arm summons is used when the person to be served resides in another state. A foreign summons is used when the person to be served resides in a foreign country, or is a foreign citizen living in the United States. Both types of summons require that the court finds that the state or foreign jurisdiction has sufficient contacts with the person to be served for the summons to be valid and binding. The summons must also include specific information that the person being served needs to respond to the summons.
Missouri Third Party Summons
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How to fill out Missouri Third Party Summons?
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FAQ
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.
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.
Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.
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.
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.
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.
The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.
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.