(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.
Rule 54.12.Service -- In Rem or Quasi In Rem Civil Actions.
Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended July 1, 2017 · Last verified July 22, 2026
In one sentenceIn actions affecting property, a fund, an estate, or another res within the court’s jurisdiction, service may proceed under Rule 54.13 or 54.14, or through a described process of service by mail supported by affidavit or service by publication after a verified statement, court order, and weekly newspaper notice.
Full Text of 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 with particularity that a reasonable effort was made to obtain service 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
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended June 1, 1993, eff. Jan. 1, 1994; April 23, 1996, eff. Jan. 1, 1997; Amended Dec. 27, 2016, eff. July 1, 2017.
Plain-English Summary
Rule 54.12 governs service in in rem and quasi in rem actions — cases that affect a fund, will, trust, estate, specific property, or another res or status within the court’s jurisdiction, instead of seeking a personal judgment against a defendant. Subsection (a) starts with the general rule: service may be made as provided in Rule 54.13 (personal service within the state) or Rule 54.14 (personal service outside the state), or in the alternative ways this rule describes.
Subsection (b) covers service by mail. A party who wants to serve someone by registered or certified mail must file an affidavit explaining why personal service cannot be obtained in Missouri on that party, along with the name and address of the party to be served. The clerk then mails a summons and a copy of the pleading by registered or certified mail, requesting a return receipt signed by the addressee only.
Subsection (c) covers service by publication, reserved for parties who are unborn, unknown, or whose whereabouts cannot be found despite a reasonable effort to serve them another way. The party seeking publication files a verified statement identifying the unknown or unborn parties (who can be described as heirs, grantees, or successors of the person who last held the property) and giving the last known address or stating that it is unknown. The published notice itself must state that an action has been commenced, briefly describe its object and nature, describe any affected property, identify the court and parties, give the plaintiff’s or plaintiff’s attorney’s address, warn that a default judgment will follow if the defendant does not answer or appear within forty-five days of the first publication (or a longer court-set period), and state the date of first publication. The notice runs at least once a week for four consecutive weeks in a newspaper of general circulation in the county where the action was filed, chosen by the party requesting publication, or by the court if no such newspaper exists. If an address is known for anyone served by publication, the clerk must mail a copy of the publication order and the petition to that person within ten days and file a certificate confirming the mailing.
A once-existing subsection (c)(6) was repealed effective January 1, 1997, and no longer appears as part of the current rule.
Frequently Asked Questions
What kinds of cases does Rule 54.12 apply to?
In rem or quasi in rem civil actions — cases affecting a fund, will, trust, estate, specific property, or another res or status within the court’s jurisdiction.
What must a party file to get service by mail under Rule 54.12(b)?
An affidavit explaining why personal service cannot be had in Missouri on the party to be served, along with that party’s name and address; the clerk then mails a summons and pleading copy by registered or certified mail requiring a return receipt signed by the addressee only.
When is service by publication allowed under Rule 54.12(c)?
When one or more persons to be served are unborn or unknown, or when the party requesting publication shows with particularity that a reasonable effort was made to serve them under Rule 54.12(b), Rule 54.13, Rule 54.14, or Rule 54.16.
How long must the published notice run?
At least once a week for four consecutive weeks in a newspaper of general circulation in the county where the action was filed, or in a court-designated newspaper if none exists there.
How much time does a defendant served by publication have to respond?
The notice must warn that a default judgment will be entered unless the defendant files an answer or other pleading or otherwise appears and defends within forty-five days after the date of first publication, or such longer time as the court orders.
Can unborn or unknown parties be described generally instead of named individually in the publication notice?
Yes. It is sufficient to name or describe unborn or unknown parties as the heirs, grantees, or successors of the person to whom the affected property was last known to have been transferred.
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: service by publicationservice by mailin rem servicequasi in rem actionunknown party serviceestate property service