Rule 54.12 Service—In Rem or Quasi In Rem Civil Actions

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XII. Rule 54.12 Service—In Rem or Quasi In Rem Civil Actions

A. Text of Rule

(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 why service cannot be obtained 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.

(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

B. Historical Note

Rule 54.12 was adopted January 19, 1973, effective September 1, 1973. It was amended June 1, 1993, effective January 1, 1994. It was amended again April 23, 1996, effective January 1, 1997. The most recent amendment repealed Rule 54.12(c)(6), which required the appointment of counsel ad litem when unborn or unknown parties were in default.

C. Cross-References

Rule 54.13 provides for personal service within the state. Rule 54.14 provides for personal service outside the state. Section 506.500, RSMo 2000, is the long-arm statute, which provides for service outside the state sufficient to confer jurisdiction arising from certain enumerated contacts or conducts within the state. Long-arm service would be sufficient to provide in rem or quasi in rem jurisdiction, as well as personal jurisdiction, when the "res" (the property) was before the court and the cause of action arose from one of the enumerated acts, e.g., dissolution of marriage (when the nonresident party had lived in lawful marriage in Missouri) or a quiet title action in which the property was within the state and in which the party served had an ownership interest.

Section 506.160, RSMo 2000, authorizes service by mail and by publication in in rem and quasi in rem actions. Constructive service by mail or by publication in accordance with this statute would be sufficient to confer jurisdiction over the "res" but would not be sufficient to confer personal jurisdiction over the person served unless the person appeared and did not contest personal jurisdiction.

It should be noted that Rule 54.16 provides a method for obtaining personal service over both residents and nonresidents. Thus, to the extent that Rule...