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Rule 89.01.Procedure--Service of Process.

Part III · Rule 89: Ejectment · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 89.01 requires that ejectment actions in Missouri follow the same procedural rules as ordinary civil actions and that service of process in ejectment be made the same way as service under Rule 54.

Full Text of Rule 89.01

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The institution, prosecution, trial and determination of civil actions in ejectment shall conform in all respects to rules of procedure covering ordinary civil actions and service of process shall be had in the same manner as provided in Rule 54.

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.

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: ejectment action Missourirecover possession of real propertyejectment service of processRule 54 service ejectmentcivil action ejectment procedure