Supreme Court of Missouri
en banc
December 19, 2017
Effective July 1, 2018
Effective July 1, 2018
In re:
Repeal of subdivision (a) of subdivision 43.01, entitled "Service of Pleadings and Other Papers," of Rule 43, entitled "Service and Filing of Pleadings and Papers," and in lieu thereof adoption of a new subdivision (a) of subdivision 43.01, entitled "Service of Pleadings and Other Papers."
ORDER
1. It is ordered that effective July 1, 2018, subdivision (a) of subdivision 43.01 be and the same is hereby repealed and a new subdivisions (a) of subdivision 43.01 adopted in lieu thereof to read as follows:
43.01. SERVICE OF PLEADINGS AND OTHER PAPERS
(a) Service - When Required. Each party shall be served with:
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.
(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.
(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.
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2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice