A deputy clerk or deputy sheriff shall have the same authority as the clerk or sheriff, respectively, to do any act which this Rule 54 authorizes the clerk or sheriff to do.
Rule 54.05.Deputies Acting for Clerk or Sheriff.
Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceA deputy clerk or deputy sheriff has the same authority as the clerk or sheriff to do anything Rule 54 authorizes the clerk or sheriff to do, so deputies can issue and serve process just as their principals can.
Full Text of Rule 54.05
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is substantially the same as prior Rule 54.05. Compare: Rules 4(c) and 45(c) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 54.05 answers a practical question: does a deputy have to hand every task off to the clerk or sheriff personally? The rule says no. A deputy clerk stands in the shoes of the clerk, and a deputy sheriff stands in the shoes of the sheriff, for anything Rule 54 authorizes either official to do.
That matters because Rule 54 assigns specific jobs to the clerk — issuing and signing summonses, mailing notices in publication cases, certifying that mailings occurred — and to the sheriff, primarily serving process. Clerks’ offices and sheriffs’ offices run on deputies for day-to-day work, and this rule confirms that a deputy’s act carries the same legal weight as if the clerk or sheriff had done it directly.
The rule does not expand what can be done under Rule 54; it only clarifies who can do it. Any authority the clerk or sheriff has under the other sections of Rule 54 extends equally to their deputies, without a need to name the deputy separately in each rule.
Frequently Asked Questions
Can a deputy clerk sign and issue a summons instead of the clerk?
Yes. Rule 54.05 gives a deputy clerk the same authority as the clerk for anything Rule 54 authorizes the clerk to do.
Can a deputy sheriff serve process instead of the sheriff?
Yes, a deputy sheriff has the same authority as the sheriff to do any act Rule 54 authorizes the sheriff to do, including serving process.
Does this rule create new powers not found elsewhere in Rule 54?
No. It only extends whatever authority the clerk or sheriff already has under Rule 54 to their respective deputies.
Does a deputy need separate court approval to act under Rule 54?
No, the rule automatically gives deputies the same authority as the clerk or sheriff for Rule 54 acts, without requiring a separate appointment for each task.
Does Rule 54.05 apply outside of Rule 54?
No, by its terms it addresses authority to do acts that Rule 54 specifically authorizes the clerk or sheriff to perform.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: deputy clerk authoritydeputy sheriff servicewho can serve processdelegated authority service of process