Rule 89.01.Procedure--Service of Process.
Part III · Rule 89: Ejectment · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 89.01
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Plain-English Summary
Ejectment is the civil action used to recover possession of real property from someone wrongfully holding it. Rule 89.01 does not create special procedural rules for that action. Instead, it folds ejectment into the general procedural framework that governs every other civil case in Missouri.
The rule states that the institution, prosecution, trial, and determination of ejectment actions must conform in all respects to the rules of procedure covering ordinary civil actions. In other words, filing, pleading, discovery, trial practice, and judgment in an ejectment case proceed under the same rules that apply generally, instead of under a separate set of ejectment-specific procedures.
The rule then addresses one procedural point directly: service of process. In an ejectment action, service must be made in the same manner provided in Rule 54, the general rule governing service of process in Missouri civil cases. This confirms that a plaintiff seeking to eject someone from real property serves the defendant using the standard methods available in any civil suit, with no separate service procedure unique to ejectment.
Because Rule 89.01 incorporates ordinary civil procedure wholesale, understanding how an ejectment case proceeds means looking to the rules that govern civil actions generally — pleadings, motions, discovery, and trial — instead of to any specialized ejectment rule beyond this cross-reference.
Frequently Asked Questions
What is an ejectment action?
It is the civil action used to recover possession of real property from a person wrongfully holding it.
Does Missouri have special procedural rules just for ejectment?
No. Rule 89.01 requires that ejectment actions conform in all respects to the rules of procedure covering ordinary civil actions.
How is a defendant served in an ejectment case?
In the same manner provided in Rule 54, the general rule governing service of process in civil actions.
Does this rule set out the elements a plaintiff must prove to win an ejectment case?
No. The rule addresses procedure and service only; it does not state the substantive elements of an ejectment claim.
Which rules govern pleadings and trial in an ejectment case?
The same rules of procedure that govern ordinary civil actions generally, since Rule 89.01 does not carve out separate procedures for ejectment.
Is ejectment related to a partition action?
Both involve disputes over real property, though ejectment addresses wrongful possession while partition addresses dividing jointly owned property; Rule 96 governs partition procedure separately.