AFFIDAVIT OF SERVICE
State of Missouri │ [County] Circuit Court
[CAPTION BLOCK]
Plaintiff(s): [PLAINTIFF NAME(S)]
Defendant(s): [DEFENDANT NAME(S)]
Case No.: [CASE NUMBER]
Effective Date: [DATE OF EXECUTION]
I. RECITALS
1.1 This Affidavit (“Affidavit”) is made by [AFFIANT FULL NAME] (“Affiant”) pursuant to Missouri Supreme Court Rule 54, for the purpose of providing sworn proof of service of legal process in the above-captioned matter.
1.2 Affiant affirms personal knowledge of the facts set forth herein and is competent to testify thereto.
1.3 Affiant is over the age of eighteen (18), not a party to this action, and duly authorized to effect service of process within the State of Missouri.
[// GUIDANCE: Add any court-specific recital language required by local rules.]
II. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:
“Affiant” – The individual executing this Affidavit of Service.
“Service Documents” – The pleadings, summons, subpoenas, notices, writs, or other papers identified in Section 3.2.
“Service Address” – The physical address at which service was attempted or effected.
“Service Date” – The calendar date on which service was completed as described in Section 3.3.
“Substitute Recipient” – A person of suitable age and discretion upon whom substitute service was effected pursuant to Mo. Sup. Ct. R. 54.13(b)(1).
“Method of Service” – Personal delivery, substitute service, certified mail, or any other method authorized under Missouri law.
“Return” – The completed, notarized Affidavit filed with the Court as evidence of service.
III. OPERATIVE PROVISIONS
3.1 Authority.
(a) Affiant is authorized under Mo. Sup. Ct. R. 54.12 & 54.13 to serve process in Missouri.
(b) Affiant holds the following credentials/licensure (if any): [PROCESS SERVER LICENSE NO./N.A.].
3.2 Service Documents.
The following documents were served (“Service Documents”):
1. [E.G., SUMMONS] dated [DATE];
2. [COMPLAINT/PETITION] filed [DATE];
3. [ANY ADDITIONAL DOCUMENTS].
3.3 Service Details.
(a) Service Date: [MM/DD/YYYY]
(b) Time of Service: [HH:MM AM/PM]
(c) Service Address: [STREET ADDRESS, CITY, STATE, ZIP]
(d) Method of Service (check one):
☐ Personal delivery to [NAME OF DEFENDANT/RESPONDENT]
☐ Substitute service to [SUBSTITUTE RECIPIENT NAME], a person of suitable age and discretion residing at the Service Address, after the following reasonable diligence efforts:
• Attempts on [DATES/TIMES];
• [ADDITIONAL EFFORTS].
☐ Certified mail, return receipt requested, tracking no. [#], mailed [DATE], receipt signed [DATE].
☐ Other authorized method: [DESCRIBE] (cite specific rule/authorization).
3.4 Compliance Statement.
Affiant affirms that service was completed in strict conformity with Missouri Supreme Court Rule 54, including all applicable provisions governing timing of service, permissible hours, and proof of service requirements.
3.5 Filing Obligation.
Affiant shall promptly file this Affidavit with the Clerk of the Court and shall maintain copies of all related records (e.g., certified-mail receipts, photographs, notes) for no less than five (5) years from the Service Date.
IV. REPRESENTATIONS & WARRANTIES
4.1 Accuracy. Affiant represents and warrants that all statements herein are true, correct, and complete to the best of Affiant’s knowledge, information, and belief.
4.2 Qualification. Affiant represents that he/she is not a party to the action, is at least eighteen (18) years old, and is disinterested in the outcome of the case.
4.3 Legal Compliance. Affiant warrants that service complied with all applicable Missouri statutes, court rules, and any court orders specific to this action.
4.4 Survival. The representations and warranties set forth in this Section IV shall survive the filing of this Affidavit and remain enforceable.
V. COVENANTS & RESTRICTIONS
5.1 Record Preservation. Affiant covenants to retain all service-related documents and evidence for potential deposition or trial testimony.
5.2 Confidentiality. Affiant shall refrain from disclosing personal information obtained during service except as required by law or court order.
VI. DEFAULT & REMEDIES
6.1 Perjury Warning. Knowingly making a false statement in this Affidavit subjects Affiant to penalties of perjury under Missouri law.
6.2 Court Sanctions. Non-compliance with the covenants herein may result in court sanctions, including but not limited to exclusion of service testimony, monetary penalties, or contempt.
VII. RISK ALLOCATION
[Intentionally Omitted – Indemnification and liability caps are not applicable to a Service Affidavit.]
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Affidavit shall be governed by and construed in accordance with the procedural laws of the State of Missouri.
8.2 Forum Selection. Any dispute arising out of or relating to this Affidavit shall be resolved exclusively in the Circuit Court of [COUNTY], Missouri.
[// GUIDANCE: Arbitration and jury-waiver provisions are inapplicable to affidavits and therefore omitted.]
IX. GENERAL PROVISIONS
9.1 Amendment. Any amendment to this Affidavit must be made in a supplemental affidavit sworn to and filed with the Court.
9.2 Severability. If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Entire Affidavit. This document constitutes the complete Affidavit of Service related to the Service Documents and supersedes all prior oral or written statements regarding service.
9.4 Electronic Signatures. Pursuant to Mo. Sup. Ct. R. 103, electronic signatures and notarization are acceptable where authorized by the Court.
X. EXECUTION & NOTARIZATION
I, [AFFIANT NAME], affirm under penalty of perjury that the foregoing is true and correct.
[Affiant Name], Affiant
[PROCESS SERVER COMPANY NAME, if any]
[ADDRESS]
[PHONE] | [EMAIL]
STATE OF MISSOURI )
) ss.
COUNTY OF __ )
Subscribed and sworn to before me this ___ day of ____, 20__, by [AFFIANT NAME].
Notary Public
My commission expires: ___
[SEAL]
[// GUIDANCE:
1. Verify local court rules for any additional mandatory language (e.g., certificate of compliance).
2. Replace bracketed placeholders before filing.
3. Attach supporting exhibits (e.g., signed green card, photo log) as needed and reference them in Section 3.2.
4. Where substitute service is utilized, ensure strict adherence to the diligence and family-relationship requirements in Mo. Sup. Ct. R. 54.13(b)(1).]