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Rule 91.08 – Service of Writ or Order

May 13, 2021 | Civil Procedure, Missouri

(a) By Delivery. The writ of habeas corpus or the order to show cause may be served by delivering the same to the person to whom it is directed or to any other person having custody of the person restrained.
(b) By Offer of Delivery and Refusal. When the person to be served refuses to receive service of the writ or order to show cause, the offer of the server to deliver the same and such refusal, when these facts are shown on the server’s return, shall be service.
(c) By Posting. When service of the writ or order to show cause cannot be made pursuant to paragraph (a) or (b), service may be made by affixing the writ or order in a conspicuous place on the dwelling house of the person to be served or the place where the person is restrained.

Mo. R. Civ. P. 91.08

Adopted June 24, 1982, eff. Jan. 1, 1983.

Committee Note – 1983

The source of paragraph (a) is prior Rule 91.11.

The source of paragraph (b) is present Rule 54.20(f).

The source of paragraph (c) is prior Rule 91.12

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