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: Proof of Service

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Supreme Court Rules

		Section/Rule:	54.20
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:	JDanuary 19, 1973
Topic:	Proof of Service	Revised / Effective Date:	January 1, 1994

54.20. Proof of Service

(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.

(2) If service of such process is made by a person other than an officer such person shall make affidavit as to the time, place and manner of service thereof.

(3) If service of process is made pursuant to

Rule 54.16,

the defendant's acknowledgement, executed pursuant to

Rule 54.16,

shall constitute proof of service.

(b) Outside the State - Officer's Returns - Affidavits of Service.

(1) Every officer to whom summons or other process shall be delivered for service outside the state shall make an affidavit before the clerk or judge of the court of which affiant is an officer or other person authorized to administer oaths in such state stating the time, place and manner of such service, the official character of the affiant, and the affiant's authority to serve process in civil actions within the state or territory where such service was made. The court may consider the affidavit or any other evidence in determining whether service has been properly made.

2) If service of such process is made by a person appointed by the court in which the action is pending such person shall file an affidavit stating the time, place and manner of such service. The court may consider the affidavit or any other evidence in determining whether service has been properly made.

(3) If service of process is made outside the state pursuant to

Rule 54.16,

the defendant's acknowledgment, executed pursuant to

Rule 54.16,

shall constitute proof of service of process.

(c) Certificate of Secretary of State, Secretary of Public Service Commission and Director of Insurance - Mailing of Notice. The notice specified in Rule 54.15 shall be proved by the affidavit of the official mailing such notice. The affidavit shall be endorsed upon or attached to the original papers to which it relates and it, together with the return registered or certified mail receipt, shall be forthwith filed in the court in which the action is pending.

(d) Clerk's Certificate - Service by Mail. Service by mail pursuant to Rule 54.12 shall be proved by the certificate of the clerk that a copy of the summons and petition has been mailed and by the filing of the return registered or certified receipt.

(e) Affidavit - Certificate - Service by Publication. Service by publication shall be proved by an affidavit showing the dates upon which and the newspaper in which the notice was published. A copy of the notice shall be attached to the affidavit which shall be filed. The clerk's certificate that a copy of the notice upon order for service by publication and a copy of the petition were mailed to defendant at the address stated in the plaintiff's petition or in the affidavit for order of publication and the date of the mailing shall likewise be filed.

(f) Refusal to Receive Service. When the person to be served or an agent authorized to accept service of process for the person to be served, either within or outside the state, shall refuse to receive copies thereof, the offer of the server to deliver copies thereof, and such refusal, when these facts are shown on the server's return, shall constitute proof of service. When service is made by mail pursuant to Rule 54.12, a notation made pursuant to applicable United States Postal Service regulation that the certified or registered mail has been refused shall constitute proof of service.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 5, 1980, eff. Jan. 1, 1981; L.1988, H.B. No. 1600, eff. Aug. 13, 1988; amended June 14, 1988, eff. Jan. 1, 1989; June 2, 1992, eff. Jan. 1, 1993; June 1, 1993, eff. Jan. 1, 1994.)