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What is the primary objective of the block of instruction concerning Civil Process in Missouri?
What is the primary objective of the block of instruction concerning Civil Process in Missouri?
What is the main purpose of a writ of attachment?
What is the main purpose of a writ of attachment?
Who may legally serve subpoenas in the state of Missouri?
Who may legally serve subpoenas in the state of Missouri?
What is the consequence of failing to appear after being lawfully summoned?
What is the consequence of failing to appear after being lawfully summoned?
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What chapter of Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
What chapter of Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
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What is the relationship between a summons and a petition when served?
What is the relationship between a summons and a petition when served?
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What is the time period required for serving written process to the party named by such process?
What is the time period required for serving written process to the party named by such process?
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What are the territorial limits where all process may be served?
What are the territorial limits where all process may be served?
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Who may issue a subpoena for the production of objects and documentary evidence?
Who may issue a subpoena for the production of objects and documentary evidence?
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What is the primary purpose of a writ of scirefacias?
What is the primary purpose of a writ of scirefacias?
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Who may prosecute a writ of habeas corpus?
Who may prosecute a writ of habeas corpus?
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What is the purpose of serving a summons?
What is the purpose of serving a summons?
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Who may serve a subpoena in the state of Missouri?
Who may serve a subpoena in the state of Missouri?
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What is the difference between a return of service when done by a law enforcement officer and by a private person?
What is the difference between a return of service when done by a law enforcement officer and by a private person?
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What is the purpose of a writ of habeas corpus?
What is the purpose of a writ of habeas corpus?
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What is the acceptable method for issuing a subpoena?
What is the acceptable method for issuing a subpoena?
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Who may be served by a writ of habeas corpus?
Who may be served by a writ of habeas corpus?
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What is the purpose of a summons?
What is the purpose of a summons?
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What information must be included in the return of service in civil cases if the witness resides more than 40 miles from the place of trial?
What information must be included in the return of service in civil cases if the witness resides more than 40 miles from the place of trial?
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What is the purpose of a writ of attachment in regards to a person summoned as a witness?
What is the purpose of a writ of attachment in regards to a person summoned as a witness?
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What is the penalty for a party who refuses to attend and testify after being lawfully summoned?
What is the penalty for a party who refuses to attend and testify after being lawfully summoned?
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What is the penalty for a person who refuses to give evidence after being lawfully summoned and attending the trial?
What is the penalty for a person who refuses to give evidence after being lawfully summoned and attending the trial?
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What is the purpose of a writ of attachment in regards to a person who has been legally served civil process?
What is the purpose of a writ of attachment in regards to a person who has been legally served civil process?
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Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
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How many days before the hearing must notice of a written motion, other than one that is heard 'ex parte', be served to the party?
How many days before the hearing must notice of a written motion, other than one that is heard 'ex parte', be served to the party?
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When must affidavits filed by the opposing party be served before the scheduled hearing?
When must affidavits filed by the opposing party be served before the scheduled hearing?
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What must be served together?
What must be served together?
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What is the purpose of a return of service?
What is the purpose of a return of service?
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Which of the following is NOT a valid reason for arresting, holding to bail, or imprisoning someone?
Which of the following is NOT a valid reason for arresting, holding to bail, or imprisoning someone?
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What is the purpose of a general execution form?
What is the purpose of a general execution form?
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Who may prosecute a writ of habeas corpus?
Who may prosecute a writ of habeas corpus?
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How may a writ of habeas corpus be served?
How may a writ of habeas corpus be served?
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What is the purpose of an action to recover specific personal property?
What is the purpose of an action to recover specific personal property?
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When serving a summons and petition to an individual, what must be delivered?
When serving a summons and petition to an individual, what must be delivered?
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What is an acceptable method of service in landlord-tenant actions?
What is an acceptable method of service in landlord-tenant actions?
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What must be left at the dwelling house or usual place of abode of a defendant?
What must be left at the dwelling house or usual place of abode of a defendant?
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What is the purpose of a writ of scire facias?
What is the purpose of a writ of scire facias?
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What is required for service of the summons and petition upon a corporation or partnership?
What is required for service of the summons and petition upon a corporation or partnership?
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How may a writ of scire facias be issued?
How may a writ of scire facias be issued?
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What must be mailed to the defendant when serving by mail?
What must be mailed to the defendant when serving by mail?
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What is the time limit for return of the acknowledgment of service by mail?
What is the time limit for return of the acknowledgment of service by mail?
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What is the minimum time period required for serving written process to the party named by such process?
What is the minimum time period required for serving written process to the party named by such process?
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What must be filed as a paper in the particular lawsuit?
What must be filed as a paper in the particular lawsuit?
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What is the purpose of an execution?
What is the purpose of an execution?
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Who must make a return of service in writing?
Who must make a return of service in writing?
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What is required to serve a writ of scire facias or other process?
What is required to serve a writ of scire facias or other process?
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What is required to prove service by publication?
What is required to prove service by publication?
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What constitutes interference with legal process?
What constitutes interference with legal process?
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What is the purpose of the notice and acknowledgment of receipt of summons?
What is the purpose of the notice and acknowledgment of receipt of summons?
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What is included in the definition of 'process' in relation to interference with legal process?
What is included in the definition of 'process' in relation to interference with legal process?
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What is the consequence if the defendant does not complete and return the notice and acknowledgment within 30 days?
What is the consequence if the defendant does not complete and return the notice and acknowledgment within 30 days?
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What is the purpose of serving a writ of scire facias?
What is the purpose of serving a writ of scire facias?
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Who may be served with a writ of scire facias?
Who may be served with a writ of scire facias?
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What is the consequence of interfering with legal process?
What is the consequence of interfering with legal process?
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Study Notes
Civil Process in Missouri
- The Civil Process block of instruction covers information relevant to those who serve or might serve civil process in Missouri.
- Objectives of the Civil Process block:
- Identify the requirements of a summons or subpoena
- Identify the person or persons who may legally serve subpoenas
- Identify the procedures for serving and returning subpoenas
- Identify the process that compels a person served to appear
- Identify the penalties for refusing to attend and testify
- Identify the purpose of a writ of attachment
- Identify the chapter of Missouri Statutes that governs civil procedures
- Identify the time periods for serving written process
- Identify the relationships between a summons and a petition
- Identify the territorial limits for serving process
- Identify the requirements for making a return of service
- Identify the purpose of service of executions
- Identify the person or persons who may prosecute a writ of habeas corpus
- Identify the legal action used to recover personal property
- Identify the acceptable methods to issue service in landlord-tenant action suits
- Identify the purpose of issuing a writ of scire facias
- Identify the elements of interference with legal process
Summons and Subpoena
- A summons shall be in the form of a subpoena and state the name of the court, title of the action, and names, addresses, and telephone numbers of the attorneys.
- A summons commands the person to attend and give testimony at a specified time and place.
- The clerk of the court or a notary public shall issue a subpoena signed and sealed but otherwise in blank.
- The court may order a witness to appear from time to time until the case is disposed of or the witness is excused.
Service of Subpoenas
- Subpoenas shall be directed to the person to be summoned to testify and may be served by the sheriff, coroner, marshal, or constable in the county where the witness resides or may be found.
- A subpoena may also be served by a disinterested person who would be a competent witness in the cause.
- Service of a subpoena shall be by reading the same or delivering a copy to the person to be summoned.
Return of Service
- The return shall show the manner of service and, in civil cases, if the witness resides at a greater distance than 40 miles from the place of trial, it shall be stated in the return.
- If served by an officer, the return shall be conclusive of the facts stated; if served by a private person, the return shall be verified by affidavit.
Compelling Appearance
- A person summoned as a witness and failing to attend may be compelled to appear by a writ of attachment against their body.
- A writ of attachment may be served in any county in the state.
Penalties for Refusal to Testify
- If a party refuses to attend and testify, they may be punished for contempt, and their petition, answer, or reply may be rejected.
- A person summoned as a witness and attending but refusing to give evidence may be committed to prison until they give the required evidence.
Writ of Attachment
- A writ of attachment is used to compel a person to appear in court.
- A writ of attachment shall be executed in the same manner as a warrant in a criminal case.
Civil Code of Missouri
- Chapter 506 of the Missouri Revised Statutes, known as the Civil Code of Missouri, governs the procedures for all suits and proceedings of a civil nature.
Service of Written Process
- Notice of a hearing shall not be served to the party later than five days before the hearing.
- Motions to the court supported by affidavits must be served together, and affidavits filed by the opposing party may be served not later than one day before the hearing.
Serving Summons and Petition
- The summons and petition shall be served together.
- Service shall be made by delivering a copy of the summons and petition to the person to be served, or by leaving a copy at their dwelling house or usual place of abode.
- Service may also be made by mail or by delivering a copy to an agent authorized to receive service.
Territorial Limits
- All civil process may be served anywhere in the state.
- The clerk of the county of jurisdiction shall forward it to the sheriff of any county for service.
Return of Service
- The officer or person to whom the process is directed shall make a return of the time, place, and manner of service.
- If service is made by a person other than an officer, they shall make an affidavit as to the time, place, and manner of service.
Service of Executions
- An execution is a writ issued by the court to enforce a judgment or decree.
- The execution shall be directed to the sheriff or other officer and command them to seize the goods, chattels, or real estate of the party against whom the judgment or decree is rendered.
Writ of Habeas Corpus
- A writ of habeas corpus is used to inquire into the cause of a person's confinement or restraint.
- The writ may be prosecuted by the person committed, detained, confined, or restrained.
- The writ may be served by delivering a copy to the officer or person to whom it is directed, or by leaving it at the jail or other place in which the prisoner is confined.
Recovery of Personal Property
- An action to recover specific personal property may be brought by filing a petition claiming the possession of the property.
- The plaintiff must file an affidavit showing that they are the owner of the property, that it is wrongfully detained, and that the same has not been seized under any process.
Landlord-Tenant Actions
- Service of summons in landlord-tenant actions must be made at least five days before the return date.
- The court may order a copy of the summons to be securely affixed in a conspicuous place on the dwelling, and by also mailing a copy to the defendant's last known address.
Writ of Scire Facias
- A writ of scire facias is used to enforce the conditions of a bail bond or recognizance.
- The writ may be issued when the conditions of the bond or recognizance become broken or are forfeited.
- The writ may be served by delivering a copy to the person therein named, or by leaving it at their usual place of abode.
Interference with Legal Process
- Interference with legal process is a criminal offense.
- The offense occurs when a person interferes with or obstructs a person authorized to serve process, for the purpose of preventing them from effecting service.
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Description
Learn about the requirements of a summons or subpoena in Missouri, including the necessary parts and service procedures. Understand the roles and responsibilities of those serving civil process in the state.
