CIVIL PROCESS

 

OBJECTIVE #1 - Requirements of a subpoena or summons - 491.100

a. Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys for the parties and ID the attorney or party requesting the attendance of the witness.

b. Shall command each person to whom it is directed to attend and give testimony at a time and place specified therein or give the name and number of someone who can direct the witness. A subpoena duces tecum can be used to subpoena documents, books, papers or objects.

 

OBJECTIVE #2 - Subpoenas in Missouri may be served by the sheriff, coroner, marshal or constable for the county in which the witness to be summoned resides or may be found. Any other disinterested person who would be competent to be a witness may serve one as well. 491.110.

 

OBJECTIVE #3a - Serve subpoena by reading it or delivering a copy to the person. If they refuse to listen, the offer to read and the refusal shall be deemed sufficient service. The return shall show the manner of service. In a civil case, if witness lives more than 40 miles from place of trial, it shall say so in the return and whether his legal fees have been paid.

b. If service is made by a private person, the return shall be verified by affidavit to the sheriff of the county where service is made. Return by a law enforcement officer shall be conclusive of the facts stated therein. 491.120

 

OBJECTIVE #4 - Attendance - A person who is summoned and fails to attend may be compelled by writ of attachment (against his body) to appear. That writ may be served in any county in the state. The sheriff in one county may serve it in an adjoining county. 491.150, 491.340.

 

OBJECTIVE #5 - Penalties for not attending and testifying - May be punished for contempt or (if he fails to attend a deposition) his petition, answer or reply may be rejected or a motion may be either overruled or sustained (overruled if he makes it or sustained if made by the other party). 491.180

 

OBJECTIVE #6 - Penalty for one who appears but refuses to testify - May be committed to prison without bail until he gives his testimony. 491.200

 

OBJECTIVE #7 - The purpose of a writ of attachment - Section 491.340

A creditor may bring an action to seize property in the possession of a debtor to satisfy an anticipated money judgment.

 

OBJECTIVE #8 - RSMo Chapter 506 governs the procedures for all suits and proceedings of a civil nature.


OBJECTIVE #9a. - The time period for serving written process to the party named by such process is not later than five days before the time specified for the hearing.

b. The time for opposing affidavits is not later than one day before the hearing unless the court permits another time. 506.060

 

OBJECTIVE #10a. - The summons and petition shall be served together.

b. For methods of service on individuals, see 506.150.1.(1)

For corporations, partnerships and associations, see 506.150.1(3)

c. Service by mail may be used - must follow the procedure in 506.150.4.

 

OBJECTIVE #11 - The territorial limits for service - anywhere within the territorial limits of the state and may be forwarded to any sheriff for service. 506.170

 

OBJECTIVE #12a., b. - Proof of service - same as above for subpoenas, see 506.180.

 

OBJECTIVE #13 - Purpose for service of executions - See 513.025

Issued by a court after a judgment directing a person to bring goods, real estate, etc. before the court to satisfy the judgment.

 

OBJECTIVE #14a. - Who may prosecute a writ of habeas corpus - See 532.010. Every person detained, committed, confined or restrained of his liberty within the state for any criminal matter except when the person can be neither discharged nor bailed. May do so to inquire into the cause of such confinement or restraint.

b. Who may be served with a writ of habeas corpus? See 532.140

Deliver it to the officer or person to whom it is directed or leave it at the jail where prisoner is confined with any officer, jailer or other person in charge of the prisoner.

 

OBJECTIVE #15 - Replevin is the legal action used to recover personal property in a civil action. See 533.010.

 

OBJECTIVE #16 - To issue service in a landlord-tenant action - See 535.030. Serve it by affixing a copy of such summons and complaint in a conspicuous place on the dwelling of the premises at least 10 days before the return date of such summons and by also mailing a copy of the summons and complaint by ordinary and certified mail to defendant at last known address.

 

OBJECTIVE #17a. Writ of scire facias ( 544.650) Issued when any bond or recognizance has been given in a criminal proceeding conditioned on the appearance of the defendant and the conditions of the bond have been broken or it has been forfeited, this writ shall be issued.


b. Issued by delivering a duly certified copy of such writ to the person named therein or by leaving it at the usual place of abode of the person therein named, with a member of his family over the age of 15 years.

 

OBJECTIVE #18 - Interference with Legal Process - 575.160 Elements: Knowing that any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person. Is a class B misdemeanor. Process includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised 4/97