Rule 54.01.Clerk to Issue Process--Separate or Additional Summons.
Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended January 1, 2002 · Last verified July 22, 2026
Full Text of Rule 54.01
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994; Amended May 23, 2001, eff. Jan. 1, 2002.
Plain-English Summary
Rule 54.01 puts the clerk’s office at the front end of every case that needs service of process. As soon as a party files a pleading that requires it, the clerk has to issue the summons or other process without delay. There is no waiting period and no discretion to sit on the paperwork — the pleading triggers the duty.
The clerk does not necessarily serve the summons personally. Instead, the clerk delivers it to whoever will carry out service: the sheriff, a person the court has specially appointed to serve it, or the filing party itself, if that party has asked the clerk to hand the summons over directly. Whoever receives the summons from the clerk then takes on the job of serving it promptly, along with a copy of the pleading and any other paper that needs to go out with it.
The rule also covers situations where one summons is not enough. If a party needs a separate or additional summons — say, because a defendant needs to be served a second time, or because multiple defendants require multiple copies — the clerk issues whatever is requested. This keeps the mechanics of getting process out the door plain and puts the responsibility for actual delivery on a clearly identified person instead of leaving it in limbo.
Frequently Asked Questions
Who is responsible for delivering the summons to a defendant?
Whoever the clerk hands the summons to — the sheriff, a person the court specially appointed to serve process, or the filing party if that party asked to receive it directly — is responsible for promptly serving it along with a copy of the pleading and any other required papers.
Can a party pick up the summons and serve it personally?
Yes. A party may file a request asking the clerk to deliver the summons or other process to the party instead of to the sheriff or a specially appointed server.
How quickly must the clerk issue the summons after a pleading is filed?
The rule says the clerk shall issue it forthwith, meaning without delay once a pleading requiring service has been filed.
What if a plaintiff needs more than one summons for the same defendant or for several defendants?
A party can file a request for separate or additional summons or other process, and the clerk will issue whatever is requested.
Does the summons go out alone, or with other papers?
The person serving it must serve the summons together with a copy of the pleading and any other paper that requires service, not the summons by itself.
Does Rule 54.01 say how service itself must be carried out?
No. Rule 54.01 covers issuance and delivery of the summons by the clerk. The mechanics of how service is accomplished are set out in other Rule 54 provisions, such as Rule 54.13 for service within the state.