Missouri Order to Issue is a legal document issued by the courts in the state of Missouri. It is used to direct a clerk to issue a writ, summons, subpoena, or other court document. The order can be issued by the court clerk or by the judge presiding over a case. There are two types of Missouri Order to Issue: General Order and Special Order. A General Order is issued for general use by any court clerk in the state. It is typically used for routine matters such as small claims, divorces, or evictions. A Special Order is issued only for a specific case or purpose. It is used when a court document must be served on someone outside the state, or when a court document needs to be served on someone who is not a party to the case.
Missouri Order to Issue
State:
Missouri
Control #:
MO-SKU-1222
Format:
PDF
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Description
Order to Issue
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FAQ
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.
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.
The officer or other person receiving a summons or other process shall serve the same and make return of service promptly.
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.
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.
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.
(a) Acknowledgment of Satisfaction. When any judgment or decree is satisfied, the judgment creditor shall immediately file an acknowledgment of satisfaction.