§ Form No. 5 Summons for Personal Service Outside the State of Missouri (Except Attachment Action)

Form No. 5. Summons for Personal Service Outside the State of Missouri (Except Attachment Action)

STATE SUMMONS FOR PERSONAL SERVICE CASE NUMBER

OF OUTSIDE THE STATE OF MISSOURI

MISSOURI (Except Attachment Action)

IN THE CIRCUIT COURT OF_______COUNTY, DIVISION_______IN_______, MISSOURI
DEFENDANT/ADDRESS (to be served):

Plaintiff(s)

     VS.
                                                                                     ATTORNEY FOR PLAINTIFF/ADDRESS:
                                                               Defendant(s)

The State of Missouri to Defendant:

You are summoned to appear before this court and to file your pleading to the petition, copy of which is attached, and to serve a copy of your pleading upon the attorney for the Plaintiff at the above address all within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to file your pleading, judgment by default may be taken against you for the relief demanded in the petition.

(Seal of Circuit Court)
____________________________________

Clerk

____________________________________ By: ____________________________________
Date Issued Deputy Clerk

OFFICER'S AFFIDAVIT OF SERVICE

I hereby certify that:

1) I am authorized to serve process in civil actions within the state or territory where the above summons was served.

2) My official title is ______________ of _____________ County, ______________ (State).

3) I have served the above summons by: (check one)

[ ] delivering a copy of the summons and a copy of the petition to the Defendant.

[ ] leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the Defendant with
________________, a person of the Defendant's family over the age of 15 years.

[ ] (for service on a corporation) delivering a copy of the summons and a copy of the petition to (name)
____________________, (title) ______________, at (address) ______________________

[ ] other (describe) _________________________________________________________________________

SERVED IN ________ COUNTY, ________ (STATE) ON THIS ____ DAY OF _______, 20___

SERVICE FEES _______________________________________________

Summons $______ Officer of ____ County, ____(State)

Non est $______

Mileage $______ By:_________________________________________________

TOTAL $______

SUBSCRIBED AND SWORN TO before me this ____ day of _______, 20____.

I am: (check one)

[ ] the clerk of the court of which affiant is an officer.

[ ] the judge of the court of which affiant is an officer.

[ ] authorized to administer oaths in the state in which the affiant served the above summons.

____________________________________
Signature

____________________________________
(Seal) Title

SEE REVERSE SIDE FOR DIRECTIONS TO CLERK AND TO OFFICER MAKING RETURN ON SERVICE OF SUMMONS

[Reverse side of Form]

DIRECTIONS TO CLERK

Personal service outside the State of Missouri is permitted only upon certain conditions set forth in Rule 54. The clerk should insert in the summons the names of only the Defendant or Defendants who are to be personally served by the officer to whom the summons is delivered. The summons should be signed by the clerk or deputy clerk under the seal of the court and a copy of the summons and a copy of the petition for each Defendant should be mailed along with the original summons to the officer who is to make service. The copy of the summons may be a carbon or other copy and should be signed and sealed in the same manner as the original but it is unnecessary to certify that the copy is a true copy. The copy of the petition may be a carbon or other copy and should be securely attached to the copy of the summons but need not be certified a true copy. If the Plaintiff has no attorney, the address of the Plaintiff should be stated in the summons and the words “Attorney for ...” eliminated or the space left blank. This form is not for use in attachment actions. (See Rule 54.06, 54.07, and 54.14)

DIRECTIONS TO OFFICER MAKING RETURN ON SERVICE OF SUMMONS

A copy of the summons and a copy of the petition must be served on each Defendant. If any Defendant refuses to receive the copy of the summons and petition when offered to him, the return shall be prepared accordingly so as to show the offer of the officer to deliver the summons and petition and the Defendant's refusal to receive the same.

Service shall be made as follows: (1) On Individual. Upon an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and petition to him personally or by leaving a copy of the summons and petition at his dwelling house or usual place of abode with some person of his family over 15 years of age, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process; (2) On Guardian. Upon an infant or incompetent person who has a legally appointed guardian, by delivering a copy of the summons and petition to the guardian personally; (3) On Corporation, Partnership or Other Unincorporated Association. Upon a corporation, partnership or unincorporated association, by delivering a copy of the summons and petition to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the Defendant with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process; (4) On Public or Quasi-Public Corporation or Body. Upon a public, municipal, governmental, or quasi-public corporation or body, by delivering a copy of the summons and petition to the clerk of the county governing body in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental, or quasi-public corporation or body or to any person otherwise lawfully so designated.

Service may be made by any officer or deputy authorized by law to serve process in civil actions within the state or territory where such service is made.

Service may be made in any state or territory of the United States. If served in a territory, substitute the word “territory” for the word “state”.

The officer making the service must swear an affidavit before the clerk, deputy clerk, or judge of the court of which he is an
officer or other person authorized to administer oaths. This affidavit must state the time, place, and manner of service, the official character of the affiant, and the affiant's authority to serve process in civil actions within the state or territory where service is made.

The return should be made promptly, and in any event so that it will reach the Missouri court within 30 days after service.