Rule 114 | Service of Process and Subpoena

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 114 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Service of Process and Subpoena

114.01 | Summons and Service of Petition

a. When a petition is filed and a date for hearing set in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the clerk shall issue a summons for service upon all parties. Unless the court orders otherwise, the summons shall direct the custodian of the juvenile to ensure the presence of the juvenile at the hearing.

b. When a petition is filed and a date for hearing set in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the clerk shall issue a summons for service upon all parties. The summons shall direct that the juvenile be present at the hearing and, unless the court orders otherwise, require the juvenile’s parents, guardian or custodian to appear at the hearing and ensure the presence of the juvenile. If the juvenile is in a detention facility, the judicial officer shall direct that the juvenile be brought to the hearing.

c. Service of summons upon a juvenile under this Rule 114.01 shall be made personally if the juvenile has attained the age of 12 years or, if that age has not been attained, upon the juvenile’s parent, guardian or custodian.

d. Service of summons under this Rule 114.01 shall be made personally in the manner provided in Rule 54. If personal service cannot be effected, service of summons may be made by registered or certified mail to the party’s last known address.

e. The inability to effect service upon any party under this Rule 114.01 shall not deprive the court of jurisdiction to proceed.

f. Personal service shall be effected upon the juvenile and, when required, upon the juvenile’s parents, guardian or custodian at least 24 hours before the time set for hearing. Registered or certified mail shall be mailed at least five days before the date of the hearing.

g. Service of summons may be made by the sheriff, the juvenile officer or, if ordered by the court, any other suitable person.

Comment

If service of the petition cannot be effected by personal service or by registered or certified mail, the juvenile officer may, but is not required to, effect service by publication.

Rule 114.01f retains the provision of section 211.111.2, RSMo, requiring a minimum of only 24 hours notice of the hearing. However, when circumstances permit, earlier notice should be given.

The constitutional standard of adequate notice of the allegations contained in the petition is set forth in In re Gault, 387 U.S. 1 (1967):

"Notice, to comply with due process requirements, must be given sufficiently in advance of scheduled court proceedings so that reasonable opportunity to prepare will be afforded * * * [S]uch written notice [must] be given at the earliest practicable time, and in any event sufficiently in advance of the hearing to permit preparation * * * [Due process] does not allow a hearing to be held in which a youth’s freedom and his parents’ right to his custody are at stake without giving them timely notice, in advance of the hearing, of the specific issues that they must meet."


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 114 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Service of Process and Subpoena

114.02 | Form and Content of Summons

The summons shall state the date, time and place of the hearing. A copy of the petition shall be served with the summons.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 114 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Service of Process and Subpoena

114.03 | Waiver of Service by Parent, Guardian or Custodian

a. A juvenile's parent, guardian or custodian may waive service of summons on him or her by executing a written waiver. At the time of execution of the waiver, a copy of the petition shall be given to the person executing the waiver.

b. Appearance at the hearing on the petition by a parent, guardian or custodian of the juvenile shall constitute a waiver by the parent, guardian or custodian of service of summons. A copy of the petition shall be given to the juvenile’s parent, guardian or custodian prior to commencement of the hearing.

Comment

A parent, guardian or custodian of the juvenile may waive his or her right to service of summons but may not waive the right of the juvenile to such service.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 114 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Service of Process and Subpoena

114.04 | Witness - Subpoena

A party is entitled to compulsory process for any necessary witnesses, and upon request, the clerk shall issue a subpoena stating the date, time and place of appearance.

Comment

This Rule 114.04 is broader in scope than section 211.101.4, RSMo, which provides: "Subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary."

This Rule 114.04 gives a party a right to subpoena witnesses that the party deems necessary without being first required to convince a judicial officer of the necessity of the witness’ presence at the hearing. The court may deal with any abuse of the power to request subpoenas in the same manner as in other civil and criminal cases.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 114 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Service of Process and Subpoena

114.05 | Service and Filing of Other Pleadings, Motions and Notices

a. All written pleadings subsequent to the original petition, all motions, other than those to be heard ex parte, and all notices and other papers that are required to be served upon a party shall be filed with the court and served upon all parties in the manner set forth in Rule 43.01; provided, however, a motion to modify with substantive allegations not in the original petition must be served with summons on all parties in accordance with Rules 114.01c and 114.01d.

b. Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be effected upon the guardian ad litem appointed by the court to represent the interests of the juvenile and also upon the juvenile if he or she has attained the age of 12 years.

c. Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, shall be effected upon the juvenile’s counsel or, if counsel has not been retained or appointed, upon the juvenile or, if the juvenile has not attained the age of 12 years, upon the juvenile’s parents, guardian or custodian.

Comment

Juvenile proceedings are civil in nature. Pleadings subsequent to the original petition, motions and notices are to be served in the same manner as in other civil proceedings.


(Adopted May 20, 2009, effective January 1, 2010.)