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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 506 Commencement of Actions and General Provisions
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This code shall be known and cited as "The Civil Code of
Missouri" and shall govern the procedure in the supreme court, court of
appeals, and divisions of the circuit court in all suits and proceedings
of a civil nature whether cognizable as cases at law or in equity, unless
otherwise provided by law. It shall be construed to secure the just,
speedy and inexpensive determination of every action. Such code shall not
apply, however, to the practice and procedure before a circuit or
associate circuit judge in the small claims court or the municipal
division of the circuit court except to the extent that such provisions
are otherwise specifically made applicable. (L. 1943 p. 353 § 2, A.L.
1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-1-87
(1975) Held that in third party practice it need not be shown that venue
has been independently complied with but venue may rest on proper venue
shown in the original case. State ex rel. Garrison Wagner Co. v. Schaaf
(Mo.), 528 S.W.2d 438.
This code shall not apply to practice and procedure in criminal
cases except to the extent that its provisions or any of them are now or
hereafter may be made applicable by statute. If it occur that
inadvertently this (civil) code may effect any change in the practice and
procedure in criminal cases as the same exists at the time of the passage
of said code, the supreme court shall and is hereby directed to
immediately promulgate a rule restoring such a provision or provisions of
said criminal practice and procedure to the end that the present practice
and procedure in criminal cases shall not be changed except by a
legislative act passed for that specific purpose. (L. 1943 p. 353 § 145)
If any part of this code shall be found to be in conflict or
discordant with other parts of this code or with other statutes relating
to civil procedure, the supreme court shall have power to promulgate
rules necessary to harmonize the same so as to promote the orderly
administration of justice. No such rule shall abridge, enlarge or modify
the substantive rights of any litigant. Such rules shall be effective
until superseded by legislative enactment. (L. 1943 p. 353 § 10)
CROSS REFERENCE: Supreme court may prescribe rules of practice and
procedure, Const. Art. V § 5
There shall be one form of action to be known as "civil action".
(RSMo 1939 § 847, A.L. 1943 p. 353 § 4)
Prior revisions: 1929 § 696; 1919 § 1153; 1909 § 1727
Every direction of a court or judge, made or entered in writing
and not included in a judgment, is denominated an order, and an
application for an order is a motion. (RSMo 1939 § 1238)
Prior revisions: 1929 § 1072; 1919 § 1523; 1909 § 2092
1. In computing any period of time prescribed or allowed by this
code, by order of court, or by any applicable statute, the day of the
act, event, or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed is
to be included, unless it is a Saturday, Sunday, or a legal holiday, in
which event the period runs until the end of the next day which is
neither a Saturday, Sunday, nor a legal holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays,
Sundays, and legal holidays shall be excluded in the computation.
2. When by this code or by a notice given thereunder or by order of the
court an act is required or allowed to be done at or within a specified
time, the court for cause shown may, at any time in its discretion:
(1) With or without motion or notice, order the period enlarged if
application therefor is made before the expiration of the period
originally prescribed or as extended by a previous order; or
(2) Upon motion permit the act to be done after the expiration of the
specified period where the failure to act was the result of excusable
neglect; but it may not enlarge the period for filing a motion for or
granting a new trial, or for commencing an action or taking an appeal as
provided by this code.
3. The period of time provided for the doing of any act or the taking of
any proceeding is not affected or limited by the expiration of a term of
court. The expiration of a term of court in no way affects the power of a
court to do any act or take any proceeding in any civil action which it
is otherwise by law authorized to take and which is pending before it.
4. A written motion, other than one which may be heard ex parte, and
notice of the hearing thereof shall be served not later than five days
before the time specified for the hearing, unless a different period is
fixed by law or court rule or by order of the court. Such an order may
for cause shown be made on ex parte application. When a motion is
supported by an affidavit, the affidavit shall be served with the motion;
and, except as otherwise provided by law in connection with motion for
new trial, opposing affidavits may be served not later than one day
before the hearing, unless the court permits them to be served at some
other time. (L. 1943 p. 353 § 6, A.L. 2003 H.B. 613)
(1974) Computation of time relating to wrongful death statutes clarified.
Bowling v. Webb Gas Co., Inc. of Lebanon (Mo.), 505 S.W.2d 39.
The courts shall be deemed always open for the purpose of filing
any pleading or other proper paper, of issuing and returning mesne and
final process, and of making and directing all interlocutory motions,
orders and rules. (L. 1943 p. 353 § 7)
The clerk's office with the clerk or a deputy in attendance
shall be open during business hours on all days except Sundays and legal
holidays. All motions and applications in the clerk's office for issuing
mesne process, for issuing final process to enforce and execute
judgments, and for other proceedings which do not require allowance or
order of the court are grantable as of course by the clerk; but this
action may be suspended or altered or rescinded by the court upon cause
shown. (L. 1943 p. 353 § 8)
1. Every pleading subsequent to the original petition, every
written motion other than one which may be heard ex parte, and every
written notice, appearance, demand, offer of judgment, designation of
record on appeal, and similar paper which by statute, court rule or order
is required to be served, shall be served upon each of the parties
affected thereby, but 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 summons in this code.
2. Whenever under this code 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 service upon the party himself is ordered
by the court. The service may be made
(1) Upon the attorney or a party, by delivering a copy to him;
(2) Upon the attorney, by leaving a copy at his office with his clerk or
with an attorney employed by or associated with the attorney to be served;
(3) Upon a party, by leaving a copy at his usual place of abode with some
person of his family over the age of fifteen years.
3. In any action in which there are unusually large numbers of
defendants, the court, upon motion or of its own initiative, may order
that service of the pleadings of the defendants and replies thereto need
not be made as between the defendants and that any crossclaim,
counterclaim or matter constituting an avoidance or affirmative defense
contained therein shall be deemed to be denied or avoided by all other
parties and that 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.
4. All papers after the petition required to be served upon a party shall
be filed with the court either before service or within five days
thereafter.
5. The filing of pleadings and other papers with the court as required by
this code shall be made by filing them with the clerk of the court except
that a judge may permit the papers to be filed with him, in which event
he shall note thereon the filing date and forthwith transmit them to the
office of the clerk. (L. 1943 p. 353 § 5)
1. Suits may be instituted in courts of record, except when the
statute law of this state otherwise provides, either:
(1) By filing in the office of the clerk of the court a petition setting
forth the plaintiff's cause or causes of action, and the remedy sought,
and by the voluntary appearance of the adverse party thereto; or
(2) By filing such petition in such office, and suing out thereon a writ
of summons against the person or of attachment against the property of
the defendant.
2. The filing of a petition in a court of record, or a statement or
account before a court not of record, and suing out of process therein,
shall be taken and deemed the commencement of a suit. (RSMo 1939 § 876,
A.L. 1943 p. 353 § 23, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 724; 1919 § 1182; 1909 § 1756
(1996) Subsection 2 of this section is overruled by supreme court rule
53.01. Keys v. Nigro, 913 S.W.2d 947 (Mo.App.W.D.).
Upon the filing of the petition, the clerk shall forthwith issue
the required summons or other process, and except as otherwise provided
herein deliver it for service to the sheriff or to a person specially
appointed to serve it. Upon request of the plaintiff, separate or
additional summons shall issue against any defendants, including alias
and pluries summons. (L. 1943 p. 353 § 24)
The summons shall be signed by the clerk and dated the day it is
issued, be under the seal of the court, contain the name of the court and
the names of the parties, be directed to the defendant, state the name
and address of the plaintiff's attorney, if any, otherwise the
plaintiff's address, and the time within which the place where the
defendant is required to appear and defend as provided by law, and shall
notify him that in case of his failure to do so judgment by default will
be rendered against him for the relief demanded in the petition. (L. 1943
p. 353 § 25)
1. Service of process, except as otherwise provided, shall be
made by a sheriff, or such sheriff's deputy, or in case the sheriff in
any cause is for any reason disqualified, then process may be issued to
and served by the coroner of the county in which such process is to be
served; or some person, other than a sheriff or coroner, may be specially
appointed by the court or the circuit clerk following procedures
established by local court rules for service of process in any cause, but
such appointment shall be valid for service of the process only for which
such person was specially appointed.
2. A party may file an application to the court requesting that any fees
paid to a special process server be awarded in any judgment entered in
the action. The court may enter judgment in the reasonable amount of such
fees. (L. 1943 p. 353 § 26, A.L. 1992 S.B. 818, A.L. 1996 S.B. 869)
Effective 7-1-97
CROSS REFERENCE: Coroner to execute process, when, RSMo 58.190, 58.200
Any person authorized to issue or serve process is authorized to
carry a concealed firearm, the provisions of any other law to the
contrary notwithstanding. (L. 1977 S.B. 60 § 578.010)
Effective 1-1-79
1. The summons and petition shall be served together. Service
shall be made as follows:
(1) Upon an individual, including an infant or disabled or incapacitated
person not having a legally appointed guardian or conservator, by
delivering a copy of the summons and of the petition to him personally or
by leaving a copy of the summons and of the petition at his dwelling
house or usual place of abode with some person of his family over the age
of fifteen years, or by delivering a copy of the summons and of the
petition to an agent authorized by appointment or required by law to
receive service of process;
(2) If the infant or disabled or incapacitated person has a legally
appointed conservator, by serving a copy of the summons and of the
petition on such conservator as provided in subdivision (1) of this
subsection;
(3) Upon a domestic or foreign corporation or upon a partnership, or
other unincorporated association, when by law it may be sued as such, by
delivering a copy of the summons and of the petition to an officer,
partner, a managing or general agent, or by leaving the copies at any
business office of the defendant with the person having charge thereof,
or to any other agent authorized by appointment or required by law to
receive service of process and, if the agent is one authorized by statute
to receive service and the statute so requires, by also mailing a copy to
the defendant;
(4) Upon a domestic corporation that has been dissolved according to law,
by delivering a copy of the summons and of the petition to the last
registered agent of the corporation or upon the secretary of state, and
if upon the secretary of state, the secretary of state shall send a copy
of the summons and petition by registered mail, requesting a return
receipt signed by addressee only, addressed to each member of the last
board of directors of the corporation at the address of such directors,
as shown by the secretary of state's records;
(5) Upon a public, municipal, governmental, or quasi-public corporation
or body, by delivering a copy of the summons and of the petition to the
clerk of the county commission in the case of a county, to the mayor or
city clerk or city attorney in the case of a city, and to the chief
executive officer in the case of any other public, municipal,
governmental or quasi-public corporation or body. If there is, for the
time being, no such officer as is specified by this subdivision, the
court may designate an appropriate officer to whom the copies of the
summons and petition may be delivered in order to effect service.
2. When a defendant shall acknowledge in writing, endorsed on the writ,
signed by his own proper signature, the service of such writ, and waive
the necessity of the service thereof by an officer, such acknowledgment
shall be deemed as valid as service in the manner provided by law.
3. In all cases when the defendant shall refuse to hear the writ read or
to receive a copy of the writ or petition, the offer of the officer to
read the same or to deliver a copy thereof, and such refusal, shall be
sufficient service of such writ.
4. Service of the summons and petition upon a defendant of any class
referred to in subdivision (1) or (3) of subsection 1 of this section may
be made by the plaintiff or by any person authorized to serve process
pursuant to section 506.140, by mailing a copy of the summons and
petition by first-class mail, postage prepaid, to the person to be
served, together with two copies of a notice and acknowledgment
conforming substantially to the form contained in subsection 5 of this
section and a return envelope, postage prepaid, addressed to the sender.
If no acknowledgment of service under this subsection is received by the
sender within thirty days after the date of mailing, service of the
summons and petition shall be made as otherwise provided by this section
or supreme court rule. Unless good cause is shown for not doing so, the
court shall order the payment of the costs of personal service by the
person served if such person does not complete and return within thirty
days after mailing the notice and acknowledgment of receipt of summons.
5. The acknowledgment form required by subsection 4 of this section shall
be substantially as follows:
Notice and Acknowledgment for Service by Mail
Circuit Court for .............. County
Division ......... Civil Action, File Number A.B., )
) Plaintiff, )
) vs. )
) C.D., )
) Defendant. )
NOTICE AND ACKNOWLEDGMENT OF
RECEIPT OF
SUMMONS AND PETITION NOTICE TO: (Insert the name and address of the
person to be served.)
The enclosed summons and petition are served pursuant to section 506.150,
RSMo.
You must complete the acknowledgment part of this form and return one
copy of the completed form to the sender within thirty days.
You must sign and date the acknowledgment. If you are served on behalf of
a corporation, unincorporated association, including a partnership, or
other entity, you must indicate under your signature your relationship to
that entity. If you are served on behalf of another person and you are
authorized to receive process, you must indicate under your signature
your authority.
If you do not complete and return the form to the sender within thirty
days, you or the party on whose behalf you are being served may be
required to pay any expenses incurred in serving a summons and petition
in any other manner permitted by law.
If you do complete and return this form, you or the party on whose behalf
you are being served must answer the petition within thirty days. If you
fail to do so, judgment by default will be taken against you for the
relief demanded in the petition.
I declare, under penalty of filing a false affidavit, that this Notice
and Acknowledgment of Receipt of Summons and Petition was mailed on
(insert date). ..............................
Signature .............................. Relationship to Entity/Authority
to Receive Service of Process ..............................
(Date of Signature) (L. 1943 p. 353 § 27, A.L. 1974 H.B. 1639, A.L. 1983
S.B. 44 & 45, A.L. 1985 S.B. 5, et al., A.L. 1988 S.B. 425)
(1975) Facts held to show adequate service on foreign corporation
actually doing business in the state. Ward v. Cook United Inc. (A.), 521
S.W.2d 474.
(1986) The substitute service provided by subdivision (1) of subsection 1
of this section is not a substitute for service upon persons listed in
subdivision (3) of subsection 1 of this section, providing method of
service on corporations. Kirlin v. Dalco, 719 S.W.2d 516 (Mo.App.).
1. Service by mail or by publication shall be allowed in all
cases affecting a fund, will, trust estate, specific property, or any
interest therein, or any res or status within the jurisdiction of the
court, or in any special proceedings in which notice by mail or by
publication is authorized, including but not limited to actions to quiet
title and actions to ascertain and determine title to real estate. If the
defendant so served does not appear, judgment may be rendered affecting
said property, res or status within the jurisdiction of the court as to
said defendant, but such service shall not warrant a general judgment
against such defendant.
2. A party desiring service by mail shall allege and state either in his
verified petition or in a separate affidavit any one or more of the same
specific grounds for substituted service as set forth in subsection 3, or
shall state any other facts showing why personal service cannot be had on
the defendant or defendants in this state. Such petition or affidavit
shall be verified by oath of the party or of someone in his behalf, and
shall state the address of the party to be served by mail. Upon the
filing of such petition or affidavit with the judge or clerk, the clerk
shall serve a copy of the summons and of the petition by registered mail,
requesting a return receipt signed by addressee only, addressed to the
defendant at the address furnished by plaintiff.
3. If the plaintiff or other person for plaintiff shall allege in his
verified petition, or at the time of filing same, or at any time
thereafter, shall file an affidavit stating that part or all of the
defendants are nonresidents of the state, or is a corporation of another
state, kingdom or country, and cannot be personally served in this state
in the manner prescribed by law for personal service, or have absconded
or absented themselves from their usual place of abode in this state, or
that they have concealed themselves so that the ordinary process of law
cannot be personally served upon them, and the affidavit or the verified
petition shall state the present known address of the defendant, if
known, or in lieu thereof state that said address of the defendant is
unknown, the court or judge or clerk thereof shall issue an order of
publication of notice to such defendant or defendants, notifying such
defendant or defendants of the commencement of the action, and stating
briefly the object and general nature thereof, and describing the
property, if any, to be affected. The notice shall also contain the name
of the court and the names of the parties to the suit, and shall state
the name and address of the attorney for plaintiff, if any, otherwise the
plaintiff's address, and shall state that unless said named defendant or
defendants file an answer or other pleading or shall otherwise appear and
defend against the petition within forty-five days after the date of the
first publication, to be stated in the published notice, provided, the
court or judge thereof may extend the date within which any such
defendant may plead or otherwise appear to a date certain beyond such
forty-five day limit judgment by default will be rendered against them.
Such notice shall be published at least once each week for four
consecutive weeks in some newspaper of general circulation published in
the county where suit is instituted, if there be such newspaper published
there, which the plaintiff or his attorney of record may designate; if no
such newspaper be published in such county, then in some such paper
published in this state, which the plaintiff or his attorney of record
may designate as most likely to give notice to the defendant or
defendants to be notified. If the present known address of the defendant
is given, the clerk shall within ten days after said order of publication
mail a copy of the notice to each defendant whose address has been stated
in the affidavit or verified petition. The clerk shall file a certificate
certifying that copies of the notice have been mailed as required by this
section, in all cases where the present known address has been given, and
such certificates shall be conclusive and binding upon the parties.
4. When the names of one or more defendants are unknown to plaintiff, he
may so state in his verified petition, or in a separate affidavit for
order of publication, and the court or judge or clerk thereof shall issue
an order of publication of notice to the unknown defendant or defendants
in the same manner prescribed in subsection 3, and the notice of
publication shall be published in like manner. It shall be sufficient to
name or describe said unknown defendants as the heirs, grantees, or
successors of the person to whom the property to be affected was last
known to have been transferred.
5. Whenever publication of notice is ordered for service by mail or by
publication in a newspaper, the court may also in its discretion, order
that a summons be issued and delivered with a copy of the petition to the
sheriff or other person especially appointed to serve the same, for
personal service in the ordinary manner if the same can be had.
6. In any of the cases mentioned in subsection 1, the plaintiff may cause
a copy of the petition, with a copy of the summons, to be delivered to
each defendant residing or being without this state, and at any place
within the United States or their territories summoning said defendant to
appear and plead within thirty days after service upon said defendant;
and if the defendant shall refuse to receive such copy of the petition
and summons, the offer of the officer to deliver same to him or them, and
such refusal, shall be as effectual service as though such copies were
actually delivered to such defendant. Such service may be made by any
officer authorized by law to serve process in civil actions within the
state or territory where such service is made, or by his deputy, and
shall be proved by the affidavit of such officer, or deputy, stating the
time and manner of such service, made before the clerk or judge of the
court of which affiant is an officer. Such clerk or judge shall certify
to the official character of the affiant, and to his authority to serve
process in civil actions within the state or territory where such service
was made. When such certificate is made by a clerk or judge of a court of
record, the same shall be attested by the seal of such court, and when
the same is made by a judge of a court not of record, the official
character of such judge shall also be certified by the proper officer of
the state, under his official seal. Any return of service, made and
certified as above provided, shall be prima facie evidence of the facts
stated in such return. If the plaintiff, or his attorney of record, in
any of the causes mentioned in subsection 1, shall allege in his verified
petition, or at the time of filing same, or at any time thereafter shall
make the affidavit required by subsection 3, and shall file in said cause
proof of service of process on any defendant or defendants, in conformity
with the provisions of this section, it shall not be necessary for such
plaintiff or plaintiffs to obtain the order for service by mail or by
publication provided for in this section or to procure the publication
provided in this section. (L. 1943 p. 353 § 28, A.L. 1945 p. 640)
(1969) In case involving sum of money held in escrow in Missouri bank,
and service was made by registered mail on nonresident defendant, trial
court had jurisdiction of fund and substituted service on defendant was
authorized. Union Shoe Agency, Inc. v. Beacon Shoe Mfg. Corp. (Mo.), 441
S.W.2d 321.
All process may be served anywhere within the territorial limits
of the state and may be forwarded to the sheriff of any county for the
purpose of service. (L. 1943 p. 353 § 29)
1. Every officer to whom any writ of process shall be directed
and delivered for service shall make return thereof in writing of the
time, place and manner of service of such writ, and shall sign his name
to such return.
2. If service of such process is, by order of the court, directed to and
delivered to a person, other than an officer, for service, such person
shall make affidavit as to the time, place and manner of his service
thereof.
3. Service by mail shall be proved by a certificate of the clerk that he
has mailed a copy of the summons and of the petition as required by law
and the order of the court and by the return registered mail receipt
mentioned in subsection 2 of section 506.160, which shall be filed as a
paper in the particular lawsuit.
4. Service by publication shall be proved by an affidavit showing the
dates upon which and the newspaper in which the notice of publication was
published. A copy of the notice shall be attached to the affidavit which
shall be filed in the cause. The clerk's certificate that he has mailed a
copy of the notice to each defendant whose address was stated in the
motion for order of publication and the date of the mailing shall
likewise be filed.
5. No person shall be arrested, held to bail, or imprisoned, on any mesne
process or execution founded upon any civil action whatsoever. (RSMo 1939
§§ 884, 909, 14969, A.L. 1943 p. 353 § 30)
Prior revisions: 1929 §§ 732, 757, 13776; 1919 §§ 1189, 1213, 10404; 1909
§§ 1763, 1787, 590
At any time in its discretion and upon such terms as it deems
just, the court may allow any process, return, or proof of service
thereof to be amended, unless it clearly appears that material prejudice
would result to the substantial rights of the party against whom the
process issued. (L. 1943 p. 353 § 31)
Service of process outside the state and return thereof shall be
made in accordance with supreme court rule 54.20.(b). (L. 1988 H.B. 1660)
*Interested persons should note the following was part of H.B. 1660
passed by the 84th G.A., 1988.
"Section B. Supreme court rule 54.20 is amended so that as amended it
reads as follows:
Rule 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.
(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 as to the official character
of the affiant and to his 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.
(c) Certificate of Secretary of State, Secretary of Public Service
Commission and Superintendent 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 shall be proved
by the certificate of the clerk that he has mailed a copy of the summons
and petition 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 by him to accept service of process, 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 be service."
1. The term "person", as used in section 506.210, shall mean:
(1) The owner of the motor vehicle or trailer, whether it is being used
and operated personally by said owner or by his agent;
(2) An agent using and operating the motor vehicle or trailer for his
principal;
(3) Any person who is in charge of the motor vehicle or trailer and of
the use and operation thereof with the express or implied consent of the
owner.
2. The term "restricted, registered mail" means mail which carries on the
face thereof in a conspicuous place, where it will not be obliterated,
the endorsement, "deliver to addressee only", and which also requires a
return receipt or a statement by the postal authorities that the
addressee refused to receive and receipt for such mail. (L. 1941 p. 435
§§ 3, 7)
The use and operation of a motor vehicle or trailer in this
state on the public highways thereof by a person who is a nonresident of
this state shall be deemed:
(1) An agreement by him that he, his executor, administrator or other
legal representative shall be subject to the jurisdiction of the courts
of this state in all civil actions and proceedings brought against him,
his executor, administrator or other legal representative by either a
resident or a nonresident plaintiff, for damages to person or property,
including actions for death, growing or arising out of such use and
operation; and
(2) An appointment by such nonresident, his executor, administrator or
other legal representative of the secretary of state of Missouri as his
lawful attorney and agent upon whom may be served all process in suits
pertaining to such actions and proceedings;
(3) An agreement by such nonresident that any process in any suit so
served shall be of the same legal force and validity as if personally
served in this state. (L. 1941 p. 435 § 1, A.L. 1955 p. 310)
All provisions of sections 506.200 to 506.320 shall extend to
and apply to any such person or persons, who, at the time that such right
or cause of action arose, was or were residents of this state, but who
have subsequently thereto become nonresidents of this state. (L. 1941 p.
435 § 2)
All process in suits under sections 506.200 to 506.320 shall be
in form and substance the same as now provided for in suits against
residents of this state. (L. 1941 p. 435 § 4)
1. Service of process under sections 506.200 to 506.320 shall be
made by delivering a copy of the summons, with a copy of the petition
attached, to the secretary of state of Missouri at his office, or in his
absence, to the chief clerk of the secretary of state, at his office, and
such service shall be sufficient service upon such nonresident.
2. The secretary of state shall immediately mail to the defendant, and to
each of them if there be more than one, by restricted, registered mail,
addressed to the defendant at his last known address, residence or place
of abode a notice of such service and a copy of such process and
petition. (L. 1941 p. 435 § 5, A. 1949 H.B. 2116, A.L. 1978 S.B. 755)
The notification provided for in section 506.240 shall be
substantially in the following form, to wit:
To (here insert the name of each defendant and his residence, the last
known place of abode as definitely as known), you will take notice that
original process in suit against you, a copy of which is hereto attached,
was duly served upon you at Jefferson City, Cole county, Missouri, by
serving same on the secretary of state of the state of Missouri, or his
chief clerk. Dated at ...., Missouri, this .... day of ...., 19.. .
...................
(Secretary of state) (L. 1941 p. 435 § 6, A. 1949 H.B. 2116)
In lieu of mailing such notification to the defendant in a
foreign state, plaintiff may cause said notification to be personally
served in the foreign state on the defendant by an adult person not a
party to the suit by delivering said notification to the defendant or by
offering to make such delivery in case defendant refuses to accept same,
or by having said notification served on defendant by an officer duly
qualified to serve legal process in the state or jurisdiction where the
defendant is found and the officer's return showing such service to have
been made filed in the case on or before the return day of the process,
or within such further time as the court may allow. Upon such service a
general judgment may be taken against defendant or defendants. (L. 1941
p. 435 § 8)
Proof of the mailing or personal delivery of said notification
to such nonresident by an adult person not an officer serving same shall
be made by affidavit of the party doing said acts. All affidavits of
service shall be endorsed upon or attached to the original papers to
which they relate and including the returned registry receipt shall be
forthwith filed with the court in which such action is filed and pending.
(L. 1941 p. 435 § 9)
The foregoing provisions relative to service of process in suits
against nonresidents shall not be deemed to prevent actual personal
service in this state upon a nonresident in the time, manner, form, or
under the conditions provided for service on residents, and nothing
contained in sections 506.200 to 506.320 shall be construed as in any
manner limiting, affecting or repealing any cause of action, right, or
method of procedure now provided by law, but the provisions of said
sections are cumulative and in addition to any such existing right,
remedy, cause of action, and method of procedure. (L. 1941 p. 435 § 10)
1. Any suit under the provisions of sections 506.200 to 506.320*
shall be filed in the county in which the cause of action accrues or in
the county where the plaintiff resides, and if there be other defendants
in such action who are residents of the state of Missouri, then such
action shall be brought in any county in which any one of said defendants
resides, or in the county within which the plaintiff resides and the
defendant may be found.
2. Any civil suit under the provisions of section 570.223, RSMo, for a
person charged with identity theft may be filed:
(1) In the county in which the offense is committed;
(2) If the offense is committed partly in one county and partly in
another, or if the elements of the offense occur in more than one county,
then in any of the counties where any element of the offense occurred;
(3) In the county in which the defendant resides;
(4) In the county in which the victim resides; or
(5) In the county in which the property obtained or attempted to be
obtained was located. (L. 1941 p. 435 § 11, A.L. 1949 p. 328, A.L. 2004
H.B. 959)
*Section 506.320 was repealed by S.B. 869 in 1996.
The court in which such action is pending shall grant such
continuance to a nonresident defendant as may be proper to afford him
reasonable opportunity to defend such action. (L. 1941 p. 435 § 12)
It shall be the duty of the secretary of state to keep a record
of all process served upon him, or his chief clerk, under the provisions
of sections 506.200 to 506.320, which record will show the day and hour
of service of every such process. (L. 1941 p. 435 § 13)
In an action in any court of this state, arising out of injury
to person or property caused by any watercraft while operating in the
waters of this state, including the Missouri portion of boundary rivers,
or moored in such waters or against shoreland in this state, when the
owner or operator is a nonresident of this state or a corporation not
incorporated under the laws of this state, service of the original notice
may be made upon such nonresident owner or operator or upon such foreign
corporation in the manner provided in section 506.340. The venue of such
an action shall be the county in which the damage occurred and the
presence of such watercraft and the doing of said damage within the
territory comprising the state of Missouri, together with the subsequent
removal of said watercraft from the jurisdiction of the state of
Missouri, shall constitute a waiver by the owner or operator thereof of
any objection to the venue of such an action commenced in a proper court
of this state. (L. 1951 p. 363 § 1)
Service shall be made by mailing a copy of the original summons
to the secretary of state, and such service shall be sufficient; provided
that a copy of the service shall be forthwith sent by registered mail to
the defendant and the defendant's return receipt and an affidavit of
plaintiff or his attorney as to compliance herewith are filed in this
action. (L. 1951 p. 363 § 2, A.L. 1978 S.B. 755)
The person in charge of such watercraft shall report within
twenty-four hours to the sheriff of the county wherein the injury
occurred the names and addresses of the owners and operators of the
watercraft, and the names and addresses of all other persons on board the
same at the time of the injury, together with a brief statement as to how
the accident occurred. Failure to make the report required by this
section will subject the owner of the watercraft to a fine of not less
than twenty-five dollars and not more than five hundred dollars. (L. 1951
p. 363 § 3)
Sections 506.360 to 506.390 shall be known and may be cited as
the "Prisoner Litigation Reform Act". (L. 1997 S.B. 56 § 1)
For the purposes of sections 506.360 to 506.390, "offender" and
"correctional center" shall have the same meaning as defined in section
217.010, RSMo; and the terms "court costs" and "fees" shall have the same
meaning as defined in section 488.010, RSMo. (L. 1997 S.B. 56 § 2, A.L.
1999 S.B. 1, et al.)
An offender seeking to bring a civil action or to appeal a
judgment in a civil action without the prepayment of fees or security due
to indigency shall submit a request to the court to proceed without the
prepayment of fees. The request shall include a certified copy of the
offender's correctional center account statement, which shall be provided
by the department of corrections for the six-month period immediately
preceding the filing of the petition or notice of appeal. (L. 1997 S.B.
56 § 3)
1. If the court receiving a motion pursuant to section 506.366
determines that an offender is unable to pay the full amount of court
costs due with respect to a case, the court shall assess a partial
payment of the twenty percent of the greater of the following:
(1) The average monthly deposits to the offender's account for the
six-month period immediately preceding the filing of the complaint or
notice of appeal requiring the payment of a fee; or
(2) The average monthly balance in the offender's account for the
six-month period immediately preceding the filing of the complaint or
notice of appeal requiring the payment of a fee.
2. If a trial court has entered an order pursuant to subsection 1 of this
section upon the filing of plaintiff's petition, the determination of the
court shall apply to the case until final judgment is entered by either
the trial or an appellate court. (L. 1997 S.B. 56 § 4, A.L. 1999 S.B. 1,
et al.)
If the court has entered an order for payment of fees in
installments pursuant to section 506.369, the offender shall make monthly
payments to the department of corrections of twenty percent of the
preceding month's income credited to the offender's account until the
fees are paid in full. The department of corrections shall forward
payments from the offender's account to the department of revenue for
deposit to the general revenue fund until the fees are paid in full. The
department of corrections shall establish written guidelines for the
priority of payment consistent with state and federal law. (L. 1997 S.B.
56 § 5, A.L. 1999 S.B. 1, et al.)
Notwithstanding any court costs which have been paid, the court
shall dismiss an offender's civil action or appeal from a judgment in a
civil action at any time, including before service on the defendant, if
the court determines any of the following:
(1) The allegation of indigency is untrue;
(2) The litigation is frivolous, malicious or fails to state a claim upon
which relief may be granted; or
(3) The defendant is immune from the cause of action. (L. 1997 S.B. 56 §
6, A.L. 1999 S.B. 1, et al.)
If a judgment against an offender includes the payment of costs,
the offender shall pay the full amount of costs ordered in the same
manner as provided in section 506.372 or as otherwise authorized by law.
(L. 1997 S.B. 56 § 7)
(2004) Prisoner litigation reform act does not authorize a motion court
to order indigent offenders to pay costs in Rule 29.15 proceedings.
Roberson v. State, 140 S.W.3d 634 (Mo.App. W.D.).
1. The court shall review, before docketing, if feasible, or as
soon as practicable after docketing, a complaint in a civil action in
which an offender seeks redress from a governmental entity, officer or
employee and shall identify cognizable claims or dismiss the complaint or
any portion of the complaint, if the complaint:
(1) Is frivolous, malicious or fails to state a claim upon which relief
may be granted; or
(2) Seeks monetary relief from a defendant who is immune from such relief.
2. If a civil action or appeal of a civil judgment is dismissed on the
grounds that it was frivolous, malicious or failed to state a claim upon
which relief may be granted, the court may order attorneys' fees and
court costs to the defendant, and payment shall be made pursuant to
section 506.372. (L. 1997 S.B. 56 § 8)
1. No civil action may be brought by an offender, except for a
constitutional deprivation, until all administrative remedies are
exhausted.
2. If a claim is, on its face, frivolous, malicious, fails to state a
claim upon which relief may be granted or seeks monetary relief from a
defendant who is immune from such relief, the court may dismiss the
underlying claim without first requiring the exhaustion of administrative
remedies.
3. A civil action pursued by an offender in a court of this state
alleging in whole or in part a violation of federal law shall be subject
to all limitations on remedies established by federal law. (L. 1997 S.B.
56 § 9)
Monetary damages awarded to an offender in connection with a
civil action filed by an offender or paid in settlement of such a civil
action which are payable from funds appropriated by the general assembly
or by a political subdivision, or from an insurance policy purchased by
the state or political subdivision upon the payment of the offender's
attorney fees, if any, shall first be paid directly to satisfy any
obligation to pay for the costs of incarceration, and to satisfy any
outstanding court orders requiring the offender to pay victim
compensation, restitution, costs, bail, judgments, fines or other
court-imposed fees in connection with a criminal prosecution or sentence.
The full amount owed shall be deducted and paid directly to the
correctional facility or entity owed. Notice to the offender shall be
satisfied by certified mail or personal notice. (L. 1997 S.B. 56 § 10)
Before payment of any compensatory damages awarded to an
offender in connection with a civil action brought against any
correctional facility or against any official or agent of such
correctional facility, the attorney general shall make reasonable efforts
to notify the victims of the crime for which the offender was convicted
and incarcerated concerning the pending payment of any such compensatory
damages. (L. 1997 S.B. 56 § 11, A.L. 1999 S.B. 1, et al.)
1. Any person or firm, whether or not a citizen or resident of
this state, or any corporation, who in person or through an agent does
any of the acts enumerated in this section, thereby submits such person,
firm, or corporation, and, if an individual, his personal representative,
to the jurisdiction of the courts of this state as to any cause of action
arising from the doing of any of such acts:
(1) The transaction of any business within this state;
(2) The making of any contract within this state;
(3) The commission of a tortious act within this state;
(4) The ownership, use, or possession of any real estate situated in this
state;
(5) The contracting to insure any person, property or risk located within
this state at the time of contracting;
(6) Engaging in an act of sexual intercourse within this state with the
mother of a child on or near the probable period of conception of that
child.
2. Any person, whether or not a citizen or resident of this state, who
has lived in lawful marriage within this state, submits himself to the
jurisdiction of the courts of this state as to all civil actions for
dissolution of marriage or for legal separation and all obligations
arising for maintenance of a spouse, support of any child of the
marriage, attorney's fees, suit money, or disposition of marital
property, if the other party to the lawful marriage lives in this state
or if a third party has provided support to the spouse or to the children
of the marriage and is a resident of this state.
3. Only causes of action arising from acts enumerated in this section may
be asserted against a defendant in an action in which jurisdiction over
him is based upon this section. (L. 1967 p. 660 § 1, A.L. 1984 H.B. 1275,
A.L. 1993 S.B. 253)
(1969) This section is procedural and remedial and applies
retrospectively to causes of action which accrued before its passage.
State ex rel. Nichols v. Fuller (A.), 449 S.W.2d 11.
(1970) The Missouri "Long-Arm Statute" is constitutional. State ex rel.
Deere & Co. v. Pinnell (Mo.), 454 S.W.2d 889; State ex rel. Birdsboro
Corp. v. Kimberlin (Mo.), 461 S.W.2d 292; Fulton v. Southern Pacific Co.
(W.D.Mo.), 320 F.Supp. 45.
(1970) This section does not deny due process. State ex rel. Deere and
Co. v. Pinnell (Mo.), 454 S.W.2d 889.
(1973) The phrase "commission of a tortious act within this state"
includes extraterritorial acts producing actionable consequence in
Missouri, also it is not necessary that cause of action pleaded sound in
tort in order to confer jurisdiction under this section. Fulton v.
Chicago, Rock Island and Pacific Railroad Co. (C.A. Mo.), 481 F.2d 326.
(1973) A foreign corporation which manufactures a product for use in
Missouri is subject to extraterritorial jurisdiction on the ground that a
tortious act is committed within this state when the dealer seeks
indemnification from the manufacturer by way of impleader, and mandamus
is the appropriate remedy to compel the impleader of such manufacturer.
State ex rel. Apco Oil Corp. v. Turpin (A.), 490 S.W.2d 400.
(1976) Held that evidence sustained finding of sufficient contact to give
forum state jurisdiction. State ex rel. Peoples Bank, etc. v. Stussie
(A.), 536 S.W.2d 934.
(1976) Retention of unpaid draft for an unreasonable time by a Nebraska
Bank which resulted in damages to Missouri bank was not sufficient to
justify in personam jurisdiction by Missouri court. State ex rel. Bank of
Gering v. Schoenlaub (Mo.), 540 S.W.2d 31.
(1976) Service of process by sheriff of another state does not come under
verity rule and may be collaterally attacked. Germanese v. Champlin (A.),
540 S.W.2d 109.
(1984) In a declaratory judgment action relating to defendant's patent,
the existence of a business relationship between the nonresident
defendant corporation and a Missouri distributor of the product in
question was held sufficient to confer personal jurisdiction over the
defendant corporation under subdivision (1) of subsection 1. Aluminum
Housewares Co., Inc. v. Chip Clip Corp. (E.D. Mo.) 609 F.Supp. 358.
(1984) Telephone conversations and written correspondence were
insufficient contacts under the due process clause to justify the
exercise of personal jurisdiction over a nonresident defendant on a
contract claim, and were therefore also insufficient to satisfy the
Missouri "long arm" statute. Inst. Food Marketing v. Golden State
Strawberries (8th Cir.), 747 F.2d 448.
(1985) Assertion of personal jurisdiction over a nonresident defendant
did not violate the due process clause where the defendant "transacted
business within the state" by selling and shipping conveyor belts to a
Missouri buyer for installation in Illinois. Precision Const. Co. v. J.A.
Slattery Co., Inc. (8th Cir.), 765 F.2d 114.
(1986) Where Colorado savings and loan association solicited
participation of Missouri savings and loan association in construction
loans, negotiated agreement in Missouri, and where contract became
binding through acceptance in Missouri, the exercise of personal
jurisdiction over Colorado savings and loan did not violate due process.
St. Louis Fed. Sav. and Loan v. Silverado Banking. 626 F.Supp. 379 (E.D.
Mo.).
(1986) A foreign corporation which does no more than manufacture a
product which eventually is used in this state does not have sufficient
contact with the state for a circuit court to exercise jurisdiction over
such corporation. State v. Adolf, 718 S.W.2d 550 (Mo.App.).
(1987) Communication through the mails and by telephone to seller before
contract was made and visit to seller in this state to perfect product
design after contract was made by buyer are contacts sufficient to
constitute the transaction of business in this state, thus subjecting
nonresident buyer to jurisdiction of court of this state pursuant to this
section without violating due process principles. Watlow Elec. Mfg. v.
Sam Dick Industries, 734 S.W.2d 295 (Mo.App.).
(1991) Where parties executed stock purchase agreement, promissory note
to effectuate the agreement, and guaranty agreement on the indebtedness
in Missouri and negotiations leading up to contract were conducted in
Missouri, there was sufficient minimum contacts to satisfy federal due
process and was sufficient to confer jurisdiction under Missouri Long-Arm
Act, regardless of whether defendant also engaged in the transaction of
business within the state. Portnoy v. Defiance, Inc., 951 F.2d 169 (8th
Cir.)
(2000) Nonresident trademark infringement defendant's web site, which had
not been accessed by any Missouri resident, did not give rise to
sufficient contacts with state to allow court to exercise personal
jurisdiction. Uncle Sam's Outfitters, Inc. v. Uncle Sam's Army Navy
Outfitters-Manhattan, Inc., 96 F.Supp.2d 919 (E.D.Mo.).
(2000) Foreign microbrewery, which advertised and sold beer club
memberships to state residents using the Internet and telephones and
delivered beer to residents, was subject to personal jurisdiction; state
interest in regulation of the sale and delivery of alcoholic beverages
outweighed burden on defendant. State ex rel. Nixon v. Beer Nuts, Ltd.,
29 S.W.3d 828 (Mo.App.E.D.).
(2002) Maintenance of an Internet website allowing visitors to site to
make hotel room reservations is not sufficient contact with Missouri to
subject defendant to personal jurisdiction for alleged tort that occurred
in another state. Bell v. Imperial Palace Hotel/Casino, 200 F.Supp.2d
1082 (E.D.Mo.).
1. Service of process upon any person who is subject to the
jurisdiction of the courts of this state, as provided in section 506.500,
may be made by personally serving the process upon the defendant outside
this state, or upon a corporation by serving the process upon a managing
officer or any person or corporation who shall be designated as a
registered agent by such corporation in any of the several states, and
shall have the same force and effect as though the process had been
served within this state.
2. The process, together with a copy of the petition, and necessary fees
shall be sent to a court of record or court officer at the place where
the defendant may be served with process, and may be personally served
upon the defendant by the person authorized to serve process at that
place.
3. An affidavit of the person serving the process shall be returned to
the office of the clerk or judge from which it issued. The affidavit
shall state the time, manner and place of service of the process and of
the copy of the petition. The court may consider the affidavit, or any
other competent evidence, in determining whether service has been
properly made. (L. 1967 p. 660 § 2)
1. When jurisdiction over a person, firm, or corporation who is
outside this state is acquired in accordance with the provisions of
sections 506.500 and 506.510, the court shall have the power to render a
personal judgment against such person, firm, or corporation.
2. No default judgment shall be entered until the expiration of at least
thirty days after service of process. A default judgment rendered on
service of process provided by sections 506.500 to 506.520 may be set
aside only on a showing which would be timely and sufficient to set aside
a default judgment rendered on ordinary service of process within this
state. (L. 1967 p. 660 § 3)
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