Rule 99.02.Service of Process.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
Full Text of Rule 99.02
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
This is new.
Plain-English Summary
Replevin has its own set of procedures for seizing property before trial, but starting the lawsuit itself is ordinary business. Rule 99.02 makes that clear by pointing to Rule 54, Missouri’s general rule for how a summons and petition get delivered to a defendant. There is no special form of service reserved for replevin cases.
That matters because replevin can move quickly once the case is filed. A plaintiff who wants immediate possession of the property still has to get the lawsuit properly served on the defendant, using the same methods available in any civil case: personal delivery, service at the defendant’s home, or the other options Rule 54 recognizes.
Notice of the lawsuit itself, covered here, is separate from the notice a defendant receives if property is seized before judgment. That prejudgment notice, which tells the defendant about the right to post a bond or request a hearing, is handled by Rule 99.05.
Frequently Asked Questions
Is there a special way to serve a replevin lawsuit?
No. Rule 99.02 directs that service follow Rule 54, the same rule used for civil cases generally.
What does Rule 54 cover?
It sets out how a summons and petition may be delivered to a defendant, including personal service and other accepted methods.
Is service under Rule 99.02 the same as the prejudgment notice in Rule 99.05?
No. Rule 99.02 covers service of the lawsuit itself. Rule 99.05 covers a separate notice given when property is seized before judgment.
Can a replevin case proceed before the defendant is served?
No. As in any civil case, the court needs proper service on the defendant before the case can move forward against that party.
Does the plaintiff have to serve the defendant before seeking immediate possession of the property?
The affidavit and order procedures in Rules 99.03 and 99.04 work alongside service of the lawsuit; both are part of getting a replevin case underway.