Motion for service by publication question.

[Nimbus]

Jurisdiction

Missouri

In the State of Missouri, how many days after a motion for service by publication is granted does the Plaintiff have to publish the notice in a newspaper? What happens if the Plaintiff fails to publish the notice in that amount of time?

 

[army judge]

State of Missouri, how many days after a motion for service by publication is granted does the Plaintiff have to publish the notice in a newspaper?

A MO licensed attorney has THIS to say about THAT:

Service by Publication - The Legal Requirements | Stimmel Law

Take a look:

https://mopress.com/wp-content/uploads/pages/public_notices/LegNoteBook13.pdf


54.12. Service - In Rem or Quasi In Rem Civil Actions

(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.

(Amended Dec. 27, 2016, eff. Jul. 1, 2017)
(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 defendant and (B) file a certificate that such copies have been mailed.
(6) Repealed by Supreme Court order of Apr. 23, 1996, eff. Jan. 1, 1997


Supreme Court Rules - Rule 54 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Issuance and Service of Summons and Other Process: Service - In Rem or Quasi In Rem Civil Actions

More information:

2005 Missouri Revised Statutes - § 506.160. — Service by mail or publication.

 

[Nimbus]

Thank you for the response. I think I didn't word my question clearly enough. To clarify: if the judge granted the plaintiff permission to publish the notification, but the plaintiff then didn't bother to publish it at all, would there be a time limit before the case is dismissed?

 

[adjusterjack]

You're right. Wherever that material came from it did not answer your question. And, unfortunately, I haven't found the answer to dismissal when no attempt at process service has been made.

Many states and the federal rules require process service to occur within 120 days of filing the complaint. I don't find that anywhere for Missouri.

Are you the Defendant?

How do you know about the lawsuit if you haven't been served?