Rule 99.03 – Affidavit to Obtain Immediate Possession of Property

May 13, 2021 | Civil Procedure, Missouri

When a party requests immediate possession of personal property an affidavit shall be filed stating:

(a) The description of the property;
(b) Facts showing the party is entitled to the possession of the property;
(c) The actual value of the property;
(d) The property has not been seized under any legal process;
(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.

Mo. R. Civ. P. 99.03

Adopted April 4, 1977, eff. Dec. 1, 1977.

Committee Note – 1981

The source is prior Rule 99.02.

Paragraph (b) requiring facts to be stated showing that the party is entitled to the possession of the property is new.