Missouri Affidavit of Service

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] Division

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]
Division: [________________________________]

AFFIDAVIT OF SERVICE

Pursuant to Missouri Supreme Court Rule 54

I. AFFIANT IDENTIFICATION AND QUALIFICATIONS

1. My full legal name is [________________________________].

2. My date of birth is [__/__/____], and I am [____] years of age (over 18 years).

3. My residential address is: [________________________________].

4. My business address is: [________________________________].

5. My telephone number is: [________________________________].

6. My email address is: [________________________________].

7. I am competent to testify and have personal knowledge of all facts stated herein.

8. I am not a party to the above-captioned action and have no personal or financial interest in the outcome.

9. I am authorized to serve process based on the following (select one):

☐ I am the Sheriff of [________________________________] County, Missouri, or a duly appointed deputy sheriff.
☐ I am a person over the age of 18 who is not a party to this action, authorized to serve process pursuant to Mo. Sup. Ct. R. 54.13(a).
☐ I am a special process server appointed by the Court, Order dated [__/__/____].

Process Server License / Commission No. (if applicable): [________________________________]

II. DOCUMENTS SERVED

I served the following documents in this matter (the "Service Documents"):

☐ Summons
☐ Petition
☐ Amended Petition
☐ Third-Party Petition
☐ Cross-Claim
☐ Counterclaim
☐ Motion: [________________________________]
☐ Order to Show Cause dated [__/__/____]
☐ Subpoena (Testimony / Documents / Duces Tecum)
☐ Notice of Hearing / Deposition dated [__/__/____]
☐ Writ of Execution
☐ Garnishment
☐ Other: [________________________________]
☐ Other: [________________________________]

Total number of pages served: [____]
Date documents received for service: [__/__/____]

III. PERSON / ENTITY TO BE SERVED

Name: [________________________________]

Capacity (select one):
☐ Individual Defendant / Respondent
☐ Registered Agent for [________________________________]
☐ Officer or Managing Agent of [________________________________]
☐ Agent Authorized by Appointment to Receive Service
☐ Secretary of State (for entities that have not maintained a registered agent)
☐ Counsel of Record: [________________________________]
☐ Other: [________________________________]

IV. SERVICE METHOD, DATE, TIME, AND LOCATION

A. Personal Service Within Missouri — Mo. Sup. Ct. R. 54.13(b)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), I personally delivered true and correct copies of the Service Documents to [________________________________] at the following location:

Address: [________________________________]
City: [________________________________], Missouri [____]

The person served:
☐ Verbally confirmed their identity.
☐ Was identified by me through prior personal knowledge.
☐ Was identified through: [________________________________].
☐ Refused to identify themselves but matched the physical description provided.

B. Substitute Service at Dwelling — Mo. Sup. Ct. R. 54.13(b)(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), after exercising reasonable diligence, I was unable to personally serve the defendant. I left true and correct copies of the Service Documents at the defendant's usual place of abode with the following person of suitable age and discretion then residing therein:

Name of person served: [________________________________]
Relationship to defendant: [________________________________]
Approximate age: [____]
Address of dwelling: [________________________________]

☐ I informed this person of the general nature of the documents.

Prior attempts at personal service:
| Attempt | Date | Time | Location | Result |
|---------|------|------|----------|--------|
| 1 | [__/__/____] | [____:____] | [________________________________] | [________________________________] |
| 2 | [__/__/____] | [____:____] | [________________________________] | [________________________________] |
| 3 | [__/__/____] | [____:____] | [________________________________] | [________________________________] |

C. Service on Corporation / Entity — Mo. Sup. Ct. R. 54.13(b)(2)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), I delivered true and correct copies of the Service Documents to [________________________________], who is:

☐ An officer of the corporation.
☐ A managing agent.
☐ A general agent.
☐ The registered agent for the entity.
☐ A partner or managing member.
☐ Other authorized person: [________________________________].

Address of service: [________________________________]

D. Service by Certified or Registered Mail — Mo. Sup. Ct. R. 54.12

☐ On [__/__/____], the Clerk of Court / I caused to be mailed true and correct copies of the Service Documents by ☐ certified mail ☐ registered mail, return receipt requested, to:

Address: [________________________________]

USPS Tracking Number: [________________________________]
Date Mailed: [__/__/____]
Date of Delivery / Receipt Signed: [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The signed return receipt is attached hereto as Exhibit A.
☐ The certified/registered mail was returned showing: ☐ Refused ☐ Unclaimed ☐ Undeliverable

Note: Under Mo. Sup. Ct. R. 54.20(f), a USPS notation that certified or registered mail has been refused constitutes proof of service.

E. Service by Mail with Acknowledgment — Mo. Sup. Ct. R. 54.16

☐ On [__/__/____], I mailed true and correct copies of the Service Documents by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment form and a return envelope, postage prepaid, to:

Address: [________________________________]

Date Mailed: [__/__/____]
Date Acknowledgment Received: [__/__/____]

☐ The executed acknowledgment is attached hereto as Exhibit B.
☐ The acknowledgment was not returned within 30 days. ☐ Alternative service was then pursued.

F. Personal Service Outside Missouri — Mo. Sup. Ct. R. 54.14

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM], I personally delivered true and correct copies of the Service Documents to [________________________________] at:

Address: [________________________________]
State/Jurisdiction: [________________________________]

I am authorized to serve process outside Missouri because:
☐ I am authorized by law to serve process in the jurisdiction where service was made.
☐ I am a deputy of a person so authorized.
☐ I am a person appointed by the court in which this action is pending.

G. Service by Publication — Mo. Sup. Ct. R. 54.17; RSMo § 506.160

☐ Pursuant to the Order of this Court dated [__/__/____], the Service Documents were published in:

Name of Newspaper: [________________________________]
City/Region: [________________________________]

Publication Dates:

1. [__/__/____]
2. [__/__/____]
3. [__/__/____]
4. [__/__/____]

☐ Publication was made once a week for four consecutive weeks.
☐ The Affidavit of Publication is attached as Exhibit C.
☐ A copy was also mailed to the defendant's last known address on [__/__/____].

H. Service Refused — Mo. Sup. Ct. R. 54.20(f)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM], I offered to deliver true and correct copies of the Service Documents to [________________________________], who refused to accept service.

Description of refusal: [________________________________]

Note: Under Mo. Sup. Ct. R. 54.20(f), when the person to be served refuses to receive copies, the offer of the server to deliver copies and such refusal, when shown on the server's return, constitutes valid proof of service.

I. Service by Other Court-Authorized Method — RSMo § 506.192

☐ Pursuant to the Order of this Court dated [__/__/____], I served the Service Documents by the following alternative method:

[________________________________]

V. DESCRIPTION OF PERSON ACTUALLY SERVED

(Complete for personal or substitute service)

Name: [________________________________]
Sex: [________________________________]
Approximate Age: [____]
Race/Ethnicity: [________________________________]
Height: [____] ft. [____] in.
Weight: approximately [____] lbs.
Hair Color/Style: [________________________________]
Eye Color: [________________________________]
Glasses: ☐ Yes ☐ No
Other Identifying Features: [________________________________]

VI. NON-SERVICE / DUE DILIGENCE REPORT

(Complete if service was not accomplished)

Additional investigative steps:
[________________________________]

☐ Service could not be completed. Documents returned to the Court within 30 days of issuance with a statement of reasons for failure, as required by Mo. Sup. Ct. R. 54.21.

VII. FEES AND EXPENSES

VIII. TIMELINESS AND COMPLIANCE

1. Service was completed on [__/__/____].

2. ☐ Process was served and returned within 30 days of issuance, as required by Mo. Sup. Ct. R. 54.21.

3. ☐ The time for service was extended to 90 days from issuance by court order dated [__/__/____], pursuant to Mo. Sup. Ct. R. 54.21.

4. ☐ Process could not be served within the prescribed time period and is returned with a statement of reasons.

5. I certify that service was made in strict conformity with Missouri Supreme Court Rule 54 and all applicable statutes and court orders.

IX. MILITARY STATUS DECLARATION

To the best of my knowledge, information, and belief, the person served:

☐ Is not currently on active duty with the United States Armed Forces as defined by the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
☐ Is currently on active duty with the United States Armed Forces.
☐ Military status could not be determined.

X. AFFIANT'S DECLARATION

I, [________________________________], affirm under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Further affiant sayeth naught.

XI. SIGNATURE AND NOTARIZATION

If Served by Sheriff or Deputy — Officer's Return

I certify that I served the Service Documents as described above.

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature

________________________________________
Printed Name, Sheriff / Deputy Sheriff
[________________________________] County, Missouri

If Served by Other Person — Affidavit

Executed on this [____] day of [________________________________], 20[____],
at [________________________________], Missouri.

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

________________________________________
Company / Firm (if applicable)

________________________________________
Address

________________________________________
Telephone / Email

NOTARIAL ACKNOWLEDGMENT

STATE OF MISSOURI )
) ss.
COUNTY OF [________________________________] )

Subscribed and sworn to (or affirmed) before me on this [____] day of [________________________________], 20[____], by [________________________________].

________________________________________
Notary Public, State of Missouri
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

XII. ATTACHMENTS

☐ Exhibit A — Certified/Registered Mail Return Receipt
☐ Exhibit B — Signed Acknowledgment of Service (Rule 54.16)
☐ Exhibit C — Affidavit of Publication
☐ Exhibit D — Court Order Authorizing Alternative Service
☐ Exhibit E — Court Order Extending Time for Service
☐ Exhibit F — Photographs of Service Location
☐ Exhibit G — GPS Log / Time-Stamped Evidence
☐ Exhibit H — Service Attempt Log / Investigative Notes
☐ Exhibit I — Copy of Service Documents
☐ Exhibit J — Other: [________________________________]

XIII. MISSOURI-SPECIFIC RULES AND PRACTICE NOTES

1. Who May Serve: Service within Missouri shall be made by the sheriff or a person over the age of 18 who is not a party to the action. Mo. Sup. Ct. R. 54.13(a).

2. 30-Day Return Requirement: Process must be served and returned within 30 days of issuance. If it cannot be served, the process shall be returned to the court within 30 days with a statement of reasons. The court may extend service to 90 days. Mo. Sup. Ct. R. 54.21.

3. Officer's Return vs. Affidavit: When a sheriff or officer serves process, they make a written return stating the time, place, and manner of service. When a non-officer serves, they must make an affidavit as to the time, place, and manner. Mo. Sup. Ct. R. 54.20.

4. Substitute Service: Service at the usual place of abode with a person of suitable age and discretion is authorized under Mo. Sup. Ct. R. 54.13(b)(1). Due diligence in attempting personal service should be documented.

5. Service by Refusal: When a person refuses to receive copies, the offer to deliver and refusal, when shown on the return, constitutes proof of service. Mo. Sup. Ct. R. 54.20(f).

6. Service by Mail (Acknowledgment): Mo. Sup. Ct. R. 54.16 permits service by first-class mail with a notice and acknowledgment form. The defendant's signed acknowledgment constitutes proof of service.

7. Certified / Registered Mail: Mo. Sup. Ct. R. 54.12 permits service by certified or registered mail. A USPS notation that mail was refused constitutes proof of service.

8. Out-of-State Service: Mo. Sup. Ct. R. 54.14 governs personal service outside Missouri. Service must be made by a person authorized by law in the jurisdiction where made.

9. Electronic Signatures: Mo. Sup. Ct. R. 103 permits electronic signatures and notarization where authorized by the Court.

10. Service on Corporations: Service on a corporation is made by serving an officer, managing or general agent, or registered agent. Mo. Sup. Ct. R. 54.13(b)(2).

XIV. SOURCES AND REFERENCES

• Missouri Supreme Court Rule 54: https://www.courts.mo.gov/page.jsp?id=199608
• Mo. Sup. Ct. R. 54.12 — Service by Mail
• Mo. Sup. Ct. R. 54.13 — Personal Service Within the State: https://www.courts.mo.gov/page.jsp?id=199621
• Mo. Sup. Ct. R. 54.14 — Personal Service Outside the State
• Mo. Sup. Ct. R. 54.16 — Service by Mail with Acknowledgment
• Mo. Sup. Ct. R. 54.20 — Proof of Service
• Mo. Sup. Ct. R. 54.21 — Time for Service and Return: https://www.courts.mo.gov/page.jsp?id=199629
• RSMo § 506.150 — Service of Process
• RSMo § 506.192 — Alternative Service Methods

This document is intended for use by licensed attorneys practicing in Missouri. It does not constitute legal advice and should be customized to the specific facts and circumstances of each case. All statutory citations should be verified for current accuracy before filing.