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Rule 54.12 – Service-In Rem or Quasi In Rem Civil Actions

May 13, 2021 | Civil Procedure, Missouri

(a) Service, Generally. In civil actions affecting a fund, will, trust, estate, specific property, or any interest therein, or any res or status within the jurisdiction of the court, service of process may be made as provided in Rule 54.13 or Rule 54.14, or as otherwise provided in this Rule 54.12.
(b) Service by Mail. A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating:

(1) Why personal service cannot be had in this state on the party to be served by mail, and
(2) The name and address of the party to be served by mail.

The clerk shall thereupon mail to the party to be served a summons and copy of the pleading by registered or certified mail, requesting a return receipt signed by addressee only.

(c) Service by Publication.

(1) Service by publication shall be by notice published by order of the court or clerk thereof.
(2) Such order shall issue when the party desiring service by publication files a statement verified by the party or by a person on behalf of the party stating:

(A) That one or more of the persons to be served are unborn or their names are unknown to the party desiring service by publication or facts showing with particularity that a reasonable effort was made to obtain service under Rule 54.12(b), Rule 54.13, Rule 54.14 or Rule 54.16, and
(B) The last known address of the party to be served or in lieu thereof a statement that said address is unknown.

It shall be sufficient to name or describe unborn or unknown parties as the heirs, grantees or successors of the person to whom the property to be affected was last known to have been transferred.

(3) The notice shall state: (A) that an action has been commenced; (B) briefly the object and general nature thereof; (C) a description of any property to be affected; (D) the name of the court and the names of the parties to the civil action; (E) the name and address of the attorney, if any, for plaintiff, otherwise the plaintiff’s address; (F) that judgment by default will be entered against defendant unless the defendant files an answer or other pleading or otherwise appears and defends within forty-five days after the date of the first publication, or such longer time as the court may fix by order; and (G) the date of the first publication.
(4) The notice shall be published at least once each week for four consecutive weeks in a newspaper of general circulation published in the county where the civil action is commenced designated by the party requesting publication. If there is no such newspaper, then the publication shall be in a newspaper designated by the court.
(5) If the address of any of the parties to be served by publication is given in the verified statement, the clerk shall: (A) within ten days after such order of publication mail a copy of the order of publication of notice and a copy of the petition to each such defendantand (B) file a certificate that such copies have been mailed.
(6) Repealed by Supreme Court order of Apr. 23, 1996, eff. Jan. 1, 1997.

Mo. R. Civ. P. 54.12

Adopted Jan. 19, 1973, eff. Sept. 1, 1973; amended June 1, 1993, eff. Jan. 1, 1994; April 23, 1996, eff. Jan. 1, 1997; December 27, 2016, effective July 1, 2017.