Rule 54.20.Proof of Service.
Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended January 1, 1994 · Last verified July 22, 2026
Full Text of Rule 54.20
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 5, 1980, eff. Jan. 1, 1981; L.1988, H.B. No. 1600, eff. Aug. 13, 1988; amended June 14, 1988, eff. Jan. 1, 1989; Amended June 2, 1992, eff. Jan. 1, 1993; Amended June 1, 1993, eff. Jan. 1, 1994.
Plain-English Summary
Rule 54.20 is the proof-of-service counterpart to the various methods of service described elsewhere in Rule 54. Each method of reaching a defendant has a matching way to demonstrate to the court that it happened, and this rule collects those requirements in one place.
For service within the state, subsection (a) requires an officer who served process to make a written return stating the time, place, and manner of service and to sign it; a non-officer server must instead submit an affidavit covering the same details; and where service was made under Rule 54.16, the defendant’s own signed acknowledgment stands as proof of service. Subsection (b) mirrors this for service outside the state: an officer serving process outside Missouri must file an affidavit before a clerk, judge, or other authorized official describing the time, place, and manner of service along with the officer’s authority to serve process where the service occurred, and a court-appointed server must file a similar affidavit; again, an acknowledgment under Rule 54.16 can stand as proof on its own. The court may weigh the affidavit alongside any other evidence in deciding whether service was properly made.
The remaining subsections cover the more specialized service methods. Subsection (c) requires the mailing official — the secretary of state, secretary of the public service commission, or director of insurance — to prove the Rule 54.15 notice by affidavit, attached to the case file along with the returned mail receipt. Subsection (d) requires a clerk’s certificate, plus the returned mail receipt, to prove service by mail under Rule 54.12. Subsection (e) requires an affidavit describing the dates and newspaper of publication, with a copy of the notice attached, to prove service by publication, along with the clerk’s certificate that the order and petition were mailed to the defendant’s address, if known.
Subsection (f) handles a defendant who refuses to accept service. If the person to be served, or an authorized agent, refuses to receive the papers, a return showing the server’s offer to deliver and the refusal counts as proof of service. For mail service under Rule 54.12, a postal notation that certified or registered mail was refused serves the same purpose.
Frequently Asked Questions
How does an officer prove service was made within Missouri?
By making a written return stating the time, place, and manner of service and signing it.
What if someone other than an officer served the process within the state?
That person must make an affidavit stating the time, place, and manner of service.
How is service outside Missouri proved?
The officer who served it must file an affidavit before a clerk, judge, or other authorized official stating the time, place, and manner of service, the affiant’s official character, and authority to serve process where service occurred; a court-appointed server files a similar affidavit.
Does an acknowledgment under Rule 54.16 count as proof of service on its own?
Yes. Whether service occurred inside or outside the state, the defendant’s executed acknowledgment under Rule 54.16 constitutes proof of service.
How is service by publication proved?
By an affidavit showing the dates of publication and the newspaper used, with a copy of the notice attached, along with the clerk’s certificate that the order and petition were mailed to the defendant’s address, if known, and the date of that mailing.
What happens if a defendant refuses to accept service?
If the server’s return shows the offer to deliver copies and the refusal to accept them, that constitutes proof of service; for mail service under Rule 54.12, a postal notation that the certified or registered mail was refused serves the same function.