Supreme Court Rules - Rule 43 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Service and Filing of Pleadings and Papers: Service of Pleadings and Other Papers

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Supreme Court Rules

		Section/Rule:	43.01
Subject:	Rule 43 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Service and Filing of Pleadings and Papers	Publication / Adopted Date:	February 1, 1972
Topic:	Service of Pleadings and Other Papers	Revised / Effective Date:	July 1, 2018

43.01. Service of Pleadings and Other Papers

(a) Service - When Required. Each party shall be served with:

(1) Every pleading subsequent to the original petition;

(2) Every written motion, other than one that may be heard ex parte; and

(3) Every written notice, appearance, demand, offer of judgment, order, and similar paper that by statute, court rule or order is required to be served.

No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons. In cases filed under Chapter 517 RSMo , service as required in Rule 43.01 shall be made on every party that has entered or appeared in person or by attorney.

(b) Service - On Whom. Whenever under these rules or any of the statutes of this state service is required or permitted to be made upon a party represented by an attorney of record, the service shall be made upon the attorney, unless the court orders service upon the party. When more than one attorney represents a party, service may be made upon any such attorney. If an attorney has filed an entry of limited appearance for an otherwise self-represented person, service shall be made on:

(1) The self-represented person, and

(2) Until the attorney files a termination of limited appearance, the attorney.

(c) Service - How and by Whom Made. Attorneys and self-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, electronic addresses, and Missouri bar numbers if any. This information shall be kept current at all times. Service may be directed to any of these addresses.

Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:

(1) Upon the attorney:

(A) By delivering a copy to the attorney;

(B) By leaving a copy at the attorney’s office with a clerk, receptionist, or secretary or with an attorney employed by or associated with the attorney to be served;

(D) By electronic mail

;

(E) By mailing a copy to the attorney at the attorney’s last known address;

(2) Upon a party:

(A) By delivering or mailing a copy to the party;

(B) By facsimile transmission;

;

(D) By serving a copy in the manner provided for service of summons in

Rule 54.13

(d) Service - When Complete. Personal service on attorneys and self-represented parties and service by leaving a copy at the attorney’s office is complete upon delivery.

Service by mail is complete upon mailing.

Service by facsimile transmission or electronic mail is complete upon transmission, except that a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m. shall be complete on the next day that is not a Saturday, Sunday, or legal holiday.

(e) Service - How Shown. Service may be shown by acknowledgment of receipt or by written certificate of the person making such service. Certificates of service shall state the:

(1) Name of each person served;

(2) Date of service;

(3) Method of service; and

(4) Address of service, such as mailing address, facsimile number or electronic mail address.

(f) Service - Numerous Defendants. If there are unusually large numbers of defendants in an action, the court, upon motion or of its own initiative, may order that:

(1) Service of the pleadings of the defendants, and reply thereto, need not be made as between the defendants;

(2) Any cross-claim, counterclaim, or pleading constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties; and

(3) The filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties.

A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(g) Service - Time for - When No Time Specified. When provision is made for the time of filing papers and none is made for the time of service thereof, copies shall be served on the day of filing or as soon thereafter as can be done.

(h) Service of Orders, Judgments and Other Documents. Any order, judgment or other document issued by the court may be transmitted to the attorney or party as authorized in Rule 43.01(c), provided service pursuant to Rule 54 is not required. Such documents may be transmitted to non-parties in the same manner as is authorized for service upon an attorney.

(Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended Jan. 19, 1973, eff. Sept. 1, 1973; May 22, 1987, eff. Jan. 1, 1988; July 31, 1990, eff. July 1, 1991; June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; April 23, 1996, eff. Jan. 1, 1997; June 21, 2005, eff. Jan. 1, 2006; Dec. 27, 2007, eff. July 1, 2008; June 23, 2008, eff. Jan. 1, 2009; Dec. 22, 2009, eff. July 1, 2010; Dec. 16, 2011, eff. July 1, 2012; Dec. 19, 2017, eff. July 1, 2018.)

Committee Notes 1971 and 1981 [Repealed]

Repealed June 1, 1993, eff. Jan. 1, 1994

Committee Note - 1974

Paragraph

(a)

is substantially the same as prior Rule 43.01(a).

An order is added to the list of papers required to be served. Paragraphs

(b)

(c)

and

(d)

are substantially the same as prior Rule 43.01(b), (c), (d) and (f). The following sentence is added in paragraph (b):