Rule 54.21.Time for Service and Return.
Part I · Rule 54: Issuance and Service of Summons or Other Process · Last amended September 1, 1973 · Last verified July 22, 2026
Full Text of Rule 54.21
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is substantially the same as prior Rule 54.10(d). Compare: Rule 4(g) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 54.21 sets the time expectations for getting process served and reported back to the court. The officer or other person receiving a summons or other process is obligated to serve it and make the return of service promptly, without unreasonable delay.
If service cannot be accomplished, the process still has to come back to the court. It must be returned within thirty days after the date it was issued, along with a statement explaining why service failed. That deadline keeps stale, unserved process from lingering indefinitely without anyone checking in with the court.
The rule builds in flexibility for cases that legitimately take longer: the court can extend the time for service, by order, up to ninety days from the date the process was issued. This gives a plaintiff facing a hard-to-locate defendant more room to complete service without losing the case for delay, while still keeping an outer limit in place.
Frequently Asked Questions
How quickly must a summons be served after it is issued?
The rule requires the officer or other person receiving it to serve it and make return of service promptly.
What if the process cannot be served at all?
It must be returned to the court within thirty days after the date of issue, with a statement giving the reason service failed.
Can the thirty-day deadline be extended?
Yes, the court may extend the time for service by order, up to ninety days from the date the process was issued.
Who is responsible for meeting these deadlines?
The officer or other person who received the summons or other process for service.
Does the rule require a written explanation if the deadline is missed and process is returned unserved?
Yes, the returned process must include a statement of the reason for the failure to serve it.