Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 54.20 spells out how service is proved for every method Rule 54 allows, from officer returns and affidavits to acknowledgments, clerk certificates, publication affidavits, and proof that a defendant refused to accept service.
(a)Within the State—Officer’s Returns—Affidavits of Service.
(1)Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.
(2)If service of such process is made by a person other than an officer such person shall make affidavit as to the time, place and manner of service thereof.
(3)If service of process is made pursuant to Rule 54.16, the defendant’s acknowledgement, executed pursuant to Rule 54.16, shall constitute proof of service.
(b)Outside the State—Officer’s Returns—Affidavits of Service.
(1)Every officer to whom summons or other process shall be delivered for service outside the state shall make an affidavit before the clerk or judge of the court of which affiant is an officer or other person authorized to administer oaths in such state stating the time, place and manner of such service, the official character of the affiant, and the affiant’s authority to serve process in civil actions within the state or territory where such service was made. The court may consider the affidavit or any other evidence in determining whether service has been properly made.
(2)If service of such process is made by a person appointed by the court in which the action is pending such person shall file an affidavit stating the time, place and manner of such service. The court may consider the affidavit or any other evidence in determining whether service has been properly made.
(3)If service of process is made outside the state pursuant to Rule 54.16, the defendant’s acknowledgment, executed pursuant to Rule 54.16, shall constitute proof of service of process.
(c)Certificate of Secretary of State, Secretary of Public Service Commission and Director of Insurance—Mailing of Notice. The notice specified in Rule 54.15 shall be proved by the affidavit of the official mailing such notice. The affidavit shall be endorsed upon or attached to the original papers to which it relates and it, together with the return registered or certified mail receipt, shall be forthwith filed in the court in which the action is pending.
(d)Clerk’s Certificate—Service by Mail. Service by mail pursuant to Rule 54.12 shall be proved by the certificate of the clerk that a copy of the summons and petition has been mailed and by the filing of the return registered or certified receipt.
(e)Affidavit—Certificate—Service by Publication. Service by publication shall be proved by an affidavit showing the dates upon which and the newspaper in which the notice was published. A copy of the notice shall be attached to the affidavit which shall be filed. The clerk’s certificate that a copy of the notice upon order for service by publication and a copy of the petition were mailed to defendant at the address stated in the plaintiff’s petition or in the affidavit for order of publication and the date of the mailing shall likewise be filed.
(f)Refusal to Receive Service. When the person to be served or an agent authorized to accept service of process for the person to be served, either within or outside the state, shall refuse to receive copies thereof, the offer of the server to deliver copies thereof, and such refusal, when these facts are shown on the server’s return, shall constitute proof of service. When service is made by mail pursuant to Rule 54.12, a notation made pursuant to applicable United States Postal Service regulation that the certified or registered mail has been refused shall constitute proof of service.
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.
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:proof of serviceofficer return of serviceaffidavit of serviceproof of service by publicationrefusal to accept service