Can a summons be mailed in missouri
In Missouri, the rules regarding service of process, including summons, are governed by Missouri Revised Statutes (RSMo) and the Missouri Rules of Civil Procedure (Mo. RCP).
According to Mo. RCP 516, a summons can be served by mail in certain circumstances. Specifically:
- Personal Service by Mail: A summons can be served by mail if the defendant has filed an appearance or has waived service of process. (Mo. RCP 516.01)
- Service by Certified Mail: A summons can be served by certified mail, return receipt requested, if the defendant has not filed an appearance or has not waived service of process. (Mo. RCP 516.02)
To serve a summons by mail, the following requirements must be met:
- The summons must be mailed to the defendant's last known address.
- The summons must be accompanied by a copy of the petition or complaint.
- The defendant must be given at least 21 days to respond to the summons.
- The plaintiff must file proof of service with the court, which includes the return receipt or a sworn statement from the person who mailed the summons.
It's important to note that service by mail is not always effective, and the court may require additional service if the defendant does not respond to the summons. Additionally, some types of cases, such as eviction proceedings, may require personal service of the summons.
Before serving a summons by mail, it's recommended that you consult with an attorney or review the relevant Missouri statutes and rules to ensure compliance with the requirements.