Missouri Motion for Approval and Appointment of Process Server is a legal form used when a party wants to have a document served to another party. This form is used to request that a court approve and appoint a process server to serve the document in question. There are two types of Missouri Motion for Approval and Appointment of Process Server: 1) Motion for Approval and Appointment of Non-Resident Process Server; and 2) Motion for Approval and Appointment of Resident Process Server. The Motion for Approval and Appointment of Non-Resident Process Server is used when the party requesting service is not a resident of Missouri and the document needs to be served by a process server who is not a resident of Missouri. The Motion for Approval and Appointment of Resident Process Server is used when the party requesting service is a resident of Missouri and the document needs to be served by a process server who is a resident of Missouri. Both types of Motion require the party requesting service to provide certain information including the name and address of the party to be served, the name and address of the process server, the method of service to be used, and the fee to be charged for the service.
Missouri Motion For Approval and Appoitnment of Process Server
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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.
A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating: (1) Why personal service cannot be had in this state on the party to be served by mail, and (2) The name and address of the party to be served by mail.
(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.
Rule 54.13 - Personal Service Within the State (a) By Whom Made. 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.
Unless good cause is shown for not doing so, the court shall order the payment of costs of service on the person served if such person does not complete and return within thirty days after mailing, the notice and acknowledgment of receipt of summons.
Please Note: Pursuant to Missouri Supreme Court Rule 54.13(b), service of a summons or other process on a public, municipal, governmental or quasi-public corporation or body, shall be made by delivering a copy of the summons and petition to the clerk of the county commission, Sandy Baldwin.
Applicants must be 21 years of age, have a high school diploma or GED and no criminal record. All process servers are required to have E&O coverage with limits of at least $100,000. Please note that lobbyists are active in the state of Missouri and laws concerning civil procedure and process serving can change.
The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.