Missouri Laws 506.180 – Proof of service
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.
Terms Used In Missouri Laws 506.180
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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.