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Civil Process in Missouri Statutory Law
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Civil Process in Missouri Statutory Law

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Questions and Answers

What is the primary objective of the block of instruction concerning Civil Process in Missouri?

  • To discuss the penalties for failing to appear in court
  • To outline the procedures for criminal proceedings
  • To educate individuals on serving criminal process
  • To provide information on civil process relevant to those who serve or might serve in Missouri (correct)

    • What is the main purpose of a writ of attachment?

  • To compel a person to appear in court
  • The options are not specified in the lesson plan
  • To attach a person's property (correct)
  • To issue a subpoena

    • Who may legally serve subpoenas in the state of Missouri?

  • Only private persons
  • Both law enforcement officers and private persons (correct)
  • Neither law enforcement officers nor private persons
  • Only law enforcement officers

    • What is the consequence of failing to appear after being lawfully summoned?

    <p>The person may be compelled to appear</p> Signup and view all the answers

    What chapter of Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?

    <p>Chapter 305</p> Signup and view all the answers

    What is the relationship between a summons and a petition when served?

    <p>A summons and a petition are served together</p> Signup and view all the answers

    What is the time period required for serving written process to the party named by such process?

    <p>The time period is not specified in the lesson plan</p> Signup and view all the answers

    What are the territorial limits where all process may be served?

    <p>The territorial limits are not specified in the lesson plan</p> Signup and view all the answers

    Who may issue a subpoena for the production of objects and documentary evidence?

    <p>The clerk of the court or a notary public</p> Signup and view all the answers

    What is the primary purpose of a writ of scirefacias?

    <p>To recover personal property</p> Signup and view all the answers

    Who may prosecute a writ of habeas corpus?

    <p>Any person with legal standing</p> Signup and view all the answers

    What is the purpose of serving a summons?

    <p>To command a person to attend and give testimony</p> Signup and view all the answers

    Who may serve a subpoena in the state of Missouri?

    <p>The sheriff, coroner, marshal, or any constable</p> Signup and view all the answers

    What is the difference between a return of service when done by a law enforcement officer and by a private person?

    <p>The procedure for returning the subpoena is different</p> Signup and view all the answers

    What is the purpose of a writ of habeas corpus?

    <p>To deliver a person from unlawful restraint</p> Signup and view all the answers

    What is the acceptable method for issuing a subpoena?

    <p>Either in writing or orally</p> Signup and view all the answers

    Who may be served by a writ of habeas corpus?

    <p>Any person with legal standing</p> Signup and view all the answers

    What is the purpose of a summons?

    <p>To command a person to attend and give testimony</p> Signup and view all the answers

    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?

    <p>The manner of service, distance from the place of trial, and whether the witness's legal fees have been tendered or paid</p> Signup and view all the answers

    What is the purpose of a writ of attachment in regards to a person summoned as a witness?

    <p>To compel the witness to attend the trial</p> Signup and view all the answers

    What is the penalty for a party who refuses to attend and testify after being lawfully summoned?

    <p>All of the above</p> Signup and view all the answers

    What is the penalty for a person who refuses to give evidence after being lawfully summoned and attending the trial?

    <p>They may be committed to prison</p> Signup and view all the answers

    What is the purpose of a writ of attachment in regards to a person who has been legally served civil process?

    <p>To compel the person to attend the trial</p> Signup and view all the answers

    Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?

    <p>Chapter 506</p> Signup and view all the answers

    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?

    <p>Five days</p> Signup and view all the answers

    When must affidavits filed by the opposing party be served before the scheduled hearing?

    <p>One day before the hearing</p> Signup and view all the answers

    What must be served together?

    <p>The summons and petition</p> Signup and view all the answers

    What is the purpose of a return of service?

    <p>To show the manner of service and whether the witness's legal fees have been tendered or paid</p> Signup and view all the answers

    Which of the following is NOT a valid reason for arresting, holding to bail, or imprisoning someone?

    <p>On any mesne process or execution founded upon any civil action whatsoever.</p> Signup and view all the answers

    What is the purpose of a general execution form?

    <p>To seize goods and chattels.</p> Signup and view all the answers

    Who may prosecute a writ of habeas corpus?

    <p>Any person committed, detained, confined or restrained of their liberty.</p> Signup and view all the answers

    How may a writ of habeas corpus be served?

    <p>By delivering the writ to the officer or person to whom it is directed.</p> Signup and view all the answers

    What is the purpose of an action to recover specific personal property?

    <p>To recover specific personal property wrongfully detained.</p> Signup and view all the answers

    When serving a summons and petition to an individual, what must be delivered?

    <p>A copy of the summons and of the petition</p> Signup and view all the answers

    What is an acceptable method of service in landlord-tenant actions?

    <p>Securely affixing a copy in a conspicuous place on the dwelling.</p> Signup and view all the answers

    What must be left at the dwelling house or usual place of abode of a defendant?

    <p>A copy of the summons and of the petition</p> Signup and view all the answers

    What is the purpose of a writ of scire facias?

    <p>To inquire into the cause of confinement or restraint.</p> Signup and view all the answers

    What is required for service of the summons and petition upon a corporation or partnership?

    <p>All of the above</p> Signup and view all the answers

    How may a writ of scire facias be issued?

    <p>By the clerk of the court or by a notary public.</p> Signup and view all the answers

    What must be mailed to the defendant when serving by mail?

    <p>A copy of the summons and of the petition</p> Signup and view all the answers

    What is the time limit for return of the acknowledgment of service by mail?

    <p>30 days</p> Signup and view all the answers

    What is the minimum time period required for serving written process to the party named by such process?

    <p>At least 5 days before the return date.</p> Signup and view all the answers

    What must be filed as a paper in the particular lawsuit?

    <p>The certificate of the clerk</p> Signup and view all the answers

    What is the purpose of an execution?

    <p>To seize goods and chattels to satisfy a debt.</p> Signup and view all the answers

    Who must make a return of service in writing?

    <p>The officer to whom the writ was directed</p> Signup and view all the answers

    What is required to serve a writ of scire facias or other process?

    <p>Delivering a certified copy of the writ to the person named</p> Signup and view all the answers

    What is required to prove service by publication?

    <p>All of the above</p> Signup and view all the answers

    What constitutes interference with legal process?

    <p>Knowing obstruction of a person authorized to serve process</p> Signup and view all the answers

    What is the purpose of the notice and acknowledgment of receipt of summons?

    <p>To prove service of process</p> Signup and view all the answers

    What is included in the definition of 'process' in relation to interference with legal process?

    <p>Writs, summons, subpoenas, and warrants except arrest warrants</p> Signup and view all the answers

    What is the consequence if the defendant does not complete and return the notice and acknowledgment within 30 days?

    <p>The plaintiff will have to pay the costs of personal service</p> Signup and view all the answers

    What is the purpose of serving a writ of scire facias?

    <p>To enforce the conditions of a bail bond or recognizance</p> Signup and view all the answers

    Who may be served with a writ of scire facias?

    <p>A person charged with, indicted for, or convicted of a criminal offense</p> Signup and view all the answers

    What is the consequence of interfering with legal process?

    <p>The person interfering is subject to a penalty</p> Signup and view all the answers

    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 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.

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