Supreme Court Rules - Rule 54 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Issuance and Service of Summons and Other Process: Court May Allow Process, Return or Proof of Service to be Amended, When

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Supreme Court Rules

		Section/Rule:	54.22
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:	Court May Allow Process, Return or Proof of Service to be Amended, When	Revised / Effective Date:	January 1, 1994

54.22. Court May Allow Process, Return or Proof of Service to be Amended, When

(a) The court may in its discretion allow any process, return or proof of service thereof to be filed or amended at any time unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. The return of service shall be considered prima facie evidence of the facts recited therein.

(b) The party served, or the sheriff, sheriff's deputies and sureties or any other person making the service shall be permitted to show the true facts of service and impeach the return when the return does not comport with the facts as found by the court. If the court finds that the facts recited in the return are not true, the court may set aside a judgment if one has been entered or may modify the same in whole or in part as justice may require or take such further action it deems proper.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended by L.1984, p. 792, H.B. No. 947, § 1, eff. Aug. 13, 1984; June 1, 1993, eff. Jan. 1, 1994.)