State Codes and Statutes

Statutes > Missouri > T35 > C506 > 506_100

How papers shall be served.

506.100. 1. Every pleading subsequent to the originalpetition, every written motion other than one which may be heardex parte, and every written notice, appearance, demand, offer ofjudgment, designation of record on appeal, and similar paperwhich by statute, court rule or order is required to be served,shall be served upon each of the parties affected thereby, but noservice need be made on parties in default for failure to appearexcept that pleadings asserting new or additional claims forrelief against them shall be served upon them in the mannerprovided for service summons in this code.

2. Whenever under this code service is required or permittedto be made upon a party represented by an attorney of record theservice shall be made upon the attorney unless service upon theparty himself is ordered by the court. The service may be made

(1) Upon the attorney or a party, by delivering a copy tohim;

(2) Upon the attorney, by leaving a copy at his office withhis clerk or with an attorney employed by or associated with theattorney to be served;

(3) Upon a party, by leaving a copy at his usual place ofabode with some person of his family over the age of fifteenyears.

3. In any action in which there are unusually large numbersof defendants, the court, upon motion or of its own initiative,may order that service of the pleadings of the defendants andreplies thereto need not be made as between the defendants andthat any crossclaim, counterclaim or matter constituting anavoidance or affirmative defense contained therein shall bedeemed to be denied or avoided by all other parties and that thefiling of any such pleading and service thereof upon theplaintiff constitutes due notice of it to the parties. A copy ofevery such order shall be served upon the parties in such mannerand form as the court directs.

4. All papers after the petition required to be served upona party shall be filed with the court either before service orwithin five days thereafter.

5. The filing of pleadings and other papers with the courtas required by this code shall be made by filing them with theclerk of the court except that a judge may permit the papers tobe filed with him, in which event he shall note thereon thefiling date and forthwith transmit them to the office of theclerk.

(L. 1943 p. 353 § 5)

State Codes and Statutes

Statutes > Missouri > T35 > C506 > 506_100

How papers shall be served.

506.100. 1. Every pleading subsequent to the originalpetition, every written motion other than one which may be heardex parte, and every written notice, appearance, demand, offer ofjudgment, designation of record on appeal, and similar paperwhich by statute, court rule or order is required to be served,shall be served upon each of the parties affected thereby, but noservice need be made on parties in default for failure to appearexcept that pleadings asserting new or additional claims forrelief against them shall be served upon them in the mannerprovided for service summons in this code.

2. Whenever under this code service is required or permittedto be made upon a party represented by an attorney of record theservice shall be made upon the attorney unless service upon theparty himself is ordered by the court. The service may be made

(1) Upon the attorney or a party, by delivering a copy tohim;

(2) Upon the attorney, by leaving a copy at his office withhis clerk or with an attorney employed by or associated with theattorney to be served;

(3) Upon a party, by leaving a copy at his usual place ofabode with some person of his family over the age of fifteenyears.

3. In any action in which there are unusually large numbersof defendants, the court, upon motion or of its own initiative,may order that service of the pleadings of the defendants andreplies thereto need not be made as between the defendants andthat any crossclaim, counterclaim or matter constituting anavoidance or affirmative defense contained therein shall bedeemed to be denied or avoided by all other parties and that thefiling of any such pleading and service thereof upon theplaintiff constitutes due notice of it to the parties. A copy ofevery such order shall be served upon the parties in such mannerand form as the court directs.

4. All papers after the petition required to be served upona party shall be filed with the court either before service orwithin five days thereafter.

5. The filing of pleadings and other papers with the courtas required by this code shall be made by filing them with theclerk of the court except that a judge may permit the papers tobe filed with him, in which event he shall note thereon thefiling date and forthwith transmit them to the office of theclerk.

(L. 1943 p. 353 § 5)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T35 > C506 > 506_100

How papers shall be served.

506.100. 1. Every pleading subsequent to the originalpetition, every written motion other than one which may be heardex parte, and every written notice, appearance, demand, offer ofjudgment, designation of record on appeal, and similar paperwhich by statute, court rule or order is required to be served,shall be served upon each of the parties affected thereby, but noservice need be made on parties in default for failure to appearexcept that pleadings asserting new or additional claims forrelief against them shall be served upon them in the mannerprovided for service summons in this code.

2. Whenever under this code service is required or permittedto be made upon a party represented by an attorney of record theservice shall be made upon the attorney unless service upon theparty himself is ordered by the court. The service may be made

(1) Upon the attorney or a party, by delivering a copy tohim;

(2) Upon the attorney, by leaving a copy at his office withhis clerk or with an attorney employed by or associated with theattorney to be served;

(3) Upon a party, by leaving a copy at his usual place ofabode with some person of his family over the age of fifteenyears.

3. In any action in which there are unusually large numbersof defendants, the court, upon motion or of its own initiative,may order that service of the pleadings of the defendants andreplies thereto need not be made as between the defendants andthat any crossclaim, counterclaim or matter constituting anavoidance or affirmative defense contained therein shall bedeemed to be denied or avoided by all other parties and that thefiling of any such pleading and service thereof upon theplaintiff constitutes due notice of it to the parties. A copy ofevery such order shall be served upon the parties in such mannerand form as the court directs.

4. All papers after the petition required to be served upona party shall be filed with the court either before service orwithin five days thereafter.

5. The filing of pleadings and other papers with the courtas required by this code shall be made by filing them with theclerk of the court except that a judge may permit the papers tobe filed with him, in which event he shall note thereon thefiling date and forthwith transmit them to the office of theclerk.

(L. 1943 p. 353 § 5)