Close
Clerk
Handbooks
Supreme Court Rules
Section/Rule:
54.13
Subject:
Rule 54 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Issuance and Service of Summons and Other Process
Publication / Adopted Date:
January 19, 1973
Topic:
Personal Service Within the State
Revised / Effective Date:
December 1, 2021
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.
(
b
)
How and on Whom Made
.
Personal service within the state shall be made as follows:
(1)
On Individual.
Upon an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and petition personally to the individual or by leaving a copy of the summons and petition at the individual's dwelling house or usual place of abode with some person at least 18 years of age residing therein, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process.
(2)
On Conservato
r
. Upon an infant or disabled or incapacitated person who has a legally appointed conservator, by delivering a copy of the summons and petition to the conservator as provided in Rule 54.13(b)(1).
(3)
On Corporation, Partnership or Other Unincorporated Association
. Upon a domestic or foreign corporation or upon a partnership or other unincorporated association, when it may be sued as such, by delivering a copy of the summons and petition to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the defendant with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process.
(4)
On Public or Quasi-Public Corporation or Body
. Upon a public, municipal, governmental or quasi-public corporation or body, by delivering a copy of the summons and petition to the clerk of the county commission in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental or quasi-public corporation or body or to any person otherwise lawfully so designated. If no person above specified is available for service, the court out of which the process issued may designate an appropriate person to whom copies of the summons and petition may be delivered in order to effect service.
(c) Acknowledgment of Service.
When a defendant shall acknowledge in writing, endorsed on the process, signed by the defendant's own proper signature, the service of such process, and waive the necessity of the service thereof by an officer, such acknowledgment shall be deemed as valid as service in the manner provided by law. Acknowledgment of service by mail may also be made as provided in
Rule 54.16.
(d) Where Process May Be Served in This State.
All process issued for service within this state may be served anywhere within the state and may be forwarded to the sheriff of any county for the purpose of service.
(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994; June 21, 2002, eff. Jan. 1, 2003; June 1, 2021, eff. Dec. 1, 2021.)
