Section 3.34 Necessity of Notice for Due Process

• Library: Civil Trial Practice 2015 Supp

B. (§3.34) Necessity of Notice for Due Process

For a personal judgment against a defendant, the notice must be reasonably calculated to reach the defendant and afford him or her a reasonable opportunity to appear and defend the action. State ex rel. Mercantile Nat’l Bank at Dallas v. Rooney, 402 S.W.2d 354 (Mo. banc 1966). But process and service of process are statutory matters, and the statutes must be strictly complied with for the court to proceed with authority. State ex rel. Ballew v. Hawkins, 361 S.W.2d 852 (Mo. App. S.D. 1962). In in rem actions and in actions involving a status, reasonable notice to interested persons is also required in addition to the attachment of the res. State ex rel. Ferrocarriles Nacionales De Mexico v. Rutledge, 56 S.W.2d 28 (Mo. 1932) (attachment); State ex rel. Williams v. Berrey, 492 S.W.2d 731 (Mo. banc 1973) (replevin); In re Barger, 365 S.W.2d 89 (Mo. App. E.D. 1963)...