Jackson County Circuit Court Service and Proof of Service Rules

Every withdrawal pleading and termination of limited appearance must include the client’s full address and be served on the client in addition to all other required recipients.

Any “Memorandum of Withdrawal” and “Termination of Limited Appearance” shall include the full address of the client and shall be served on the client in addition to all others required to be served.

Absent the client’s written consent, the withdrawal motion must be served with hearing details, and withdrawal cannot occur until the client receives written notice and has reasonable time to retain or obtain another attorney.

If the motion does not contain the written consent of the client, it must be served on the client along with a notice that there will be a hearing on the motion, and the date, time and place of such hearing. No attorney will be permitted to withdraw unless the client has been given written notification of the motion to withdraw and has been granted reasonable time to retain or have another attorney appointed.

Service

Mail

When the client cannot be located, the attorney may serve the required notice by mail to the client’s last address on file with the court and any additional address provided to the attorney; withdrawal remains subject to Rule 21.4.4.

Under such circumstances the attorney may serve the notice required by Rule Local Court Rules – Page 36 ===== PAGE 52 ===== 21.4.2 by mailing a copy of the notice to the last address the client provided to the Court and any additional address provided by the client to the attorney. The Court may grant leave to withdraw subject to the provisions of Rule 21.4.4.

In vehicular negligence, personal injury, or property damage cases, the answered standard interrogatories must be served on the opposing party within 30 days after the request.

the answered interrogatories shall be served on the opposing party within thirty (30) days from the date of the request

Applies to

Interrogatories

The original interrogatories must be served on adverse counsel and ordinarily may not be filed with the Court except as Rule 32.6 provides.

The original interrogatories shall be served upon adverse counsel. Interrogatories are not to be filed with the Court except as provided by Rule 32.6.

Applies to

Interrogatories

Service

Mail to all parties

The adverse party must prepare an affidavit signed by the appropriate party, attach it as the last page of the interrogatories, and mail a copy to each party.

The adverse party shall prepare an affidavit to be signed by the appropriate party and attach it as the last page of the interrogatories, mailing a copy to each party.

The covered discovery documents must be served on opposing counsel or parties as required by the Supreme Court Rules, and a certificate of service must be filed with the Court.

The foregoing shall be served upon opposing counsel and/or parties as required by Supreme Court Rules and a certificate of such service shall be filed with the Court.

Applies to

Continuance application

Juvenile continuance applications must be filed and served by noon on the Wednesday before the hearing, subject to the stated diligence exception.

Applications shall be filed and served no later than 12:00 Noon on the Wednesday of the week preceding the hearing date, except for cause arising thereafter which could not have been known or discovered in the exercise of reasonable diligence.

Applies to

Continuance application

Criminal continuance applications must be filed and served by 3:30 p.m. on the Wednesday before trial, subject to the stated diligence exception.

Applications shall be filed and served no later than 3:30 p.m. on the Wednesday before the trial date, except those filed for cause arising thereafter which could not have been known or discovered in the exercise of reasonable diligence.

The Court Administrator must deliver the hardship application and referenced exhibits to the Prosecuting Attorney and agency counsel, and proof of delivery must be filed.

A copy of the application and exhibits mentioned in paragraph (1) above shall be delivered by the Court Administrator to the Prosecuting Attorney, the attorney of record for said agency, and proof of such delivery shall be filed in the cause.

Service

Mail

A copy must be served on the Missouri Director of Revenue by certified mail, return receipt requested, and the returned receipt must be filed.

A copy shall also be served upon the Missouri Director of Revenue, by certified mail, return receipt requested, and the returned certified mail receipt filed in the cause.

Applies to

Petition for review

The Director must be a party, and service must comply with Supreme Court Rule 100.01.

The Director must be a party and service must be made as per Supreme Court Rule 100.01 (Chapter 536, RSMo).

The Court Administrator's Office must attach a notice summarizing Rules 68.12 and 68.13 to each summons in a dissolution, post-dissolution, or other custody- or visitation-related proceeding for service on the responding party.

A notice summarizing the requirements of Rules 68.12 and 68.13 shall be attached by the Court Administrator's Office to each summons issued in a dissolution, post-dissolution, or other proceeding in which custody or visitation is an issue, for service on the responding party.

Applies to

Stay application

A party requesting a stay of the Director's order will file a stay application with the petition and serve it as above.

If a stay of the Director's order is requested, an application for stay will be filed with the petition and service as above.

Applies to

Notice of hearing

A non-SR22 stay application must include a notice of hearing and be served on the Prosecuting Attorney at least 3 days before the stay hearing.

Any other application for a stay of the suspension must be accompanied by a notice of hearing on such stay and served on the Prosecuting Attorney not less than three (3) days prior to said hearing.

Applies to

Chemical test hearing petition

The Court Administrator must deliver a copy of the petition to the Prosecuting Attorney.

The Court Administrator will deliver a copy of the petition to the Prosecuting Attorney.

Applies to

Final order

The division clerk must send an attested copy of each final order to the Director of Revenue.

An attested copy of final orders must be sent to the Director of Revenue by the division clerk.

Applies to

Suggestions

For opposed motions in criminal cases, suggestions must be filed and served within ten days after the motion is filed.

2. If opposed, suggestions must be filed and served within ten (10) days of the date the motion was filed.

Applies to

Motion

Motions must include certification that a copy was served on the Jackson County Prosecuting Attorney, and the court will not rule until the certification is provided.

Such motions shall contain a certification that a copy has been served upon the Office of the Prosecuting Attorney for Jackson County, Missouri. Motions pursuant to Section 558.046, RSMo, as amended, will not be ruled until such certification has been provided to the court.

Applies to

Verified application

The movant must certify and file proof of serving specified application materials on all other parties at least ten days before filing the proof of service and application.

However, when an application is filed, the movant or movant’s attorney shall first certify and file proof of service of the following which shall be in the form and contain the content of the forms specified herein: (1) written notice of intent to file the application on a certain day (Form 6804A); (2) a copy of the application (Form 6804B) with forms 1402B, 6804D and Form 14, if applicable, attached; and (3) movant’s suggestions and affidavits in support thereof (Form 6804E) on all other parties at least ten (10) days before the day on which the movant files proof of service (Form 6804C) and the application.

Applies to

Notice of request

Service

Personal service to opposing party

Written notice must be given at least ten days before filing the affidavit and a copy filed with the court, unless the parties agree to the request; notice goes to opposing counsel or, for an unrepresented party, personally.

Notice of the intention of either party to request the entry of judgment upon affidavit must be given in writing not less than ten (10) days prior to the filing of the affidavit, unless the request for such relief is by agreement of the parties. Notice shall be given to legal counsel for the opposing party or to the opposing party, personally, if not represented, with a copy of the notice being filed Local Court Rules – Page 88 ===== PAGE 104 ===== with the court.

Applies to

Financial statements

Financial information on Forms 1402A, 1402B, and 1402E must be updated immediately if it changes before trial, served on opposing counsel, and accompanied by a certificate of service filed with the court.

If any changes occur prior to the trial date, the information provided on Forms 1402A, 1402B and 1402E shall be updated immediately and served on the opposing attorney with a Certificate of Service of same to the Court.

Applies to

Standard discovery responses

Within 60 days after service of the petition, each party must serve the opposing party with the Form 1402D answers and Form 1402F document production and file a certificate of service with the court; separate service of the original interrogatories or document request is not required.

Within sixty (60) days of the date of service of the Petition, each party shall serve a copy of the answers to the Form 1402D Interrogatories and provide a response to the Form 1402F Document Request with the documents to the other party and a certificate of service to the court without either party being required to have actually served a copy of said Interrogatories or Document Request on the other party.

Applies to

Standard discovery responses

Within 60 days after service of the motion, each party must serve the Form 1402E answers and Form 1402G document production on the other party and file a certificate of mailing with the court; separate service of the original discovery requests is not required.

Within sixty (60) days of the date of service of the Motion, each party shall serve a copy of the answers to the Form 1402E Interrogatories and provide a response to the Form 1402G Document Request with the documents to the other party and file a certificate of mailing with the court without either party being required to have actually served a copy of said interrogatories or document request on the other.

Applies to

Authorizations for release of information

In contested dissolution or legal-separation actions, each party must execute and serve the specified benefits and financial-institution authorizations within 60 days after service of the petition, unless both parties stipulate that the case is uncontested.

In all actions for Dissolution of Marriage and Legal Separation, each party shall (unless both parties stipulate in writing that the case is not contested) within sixty (60) days of the date of service of the Petition execute and serve on the other party:

A service copy of a mediator-disqualification application and notice of its presentation time must be provided to every interested party.

A service copy of the application and a notice of the time when it will be presented to the Court must be provided to all interested parties.

The Court Administrator's Office must provide the notice summarizing Rules 68.12 and 68.13 to each pro se filer in a dissolution, post-dissolution, or other custody- or visitation-related proceeding.

The Court Administrator's Office shall provide a copy of such notice summarizing the requirements of Rules 68.12 and 68.13 to each person filing a dissolution, post-dissolution, or other proceeding in which custody or visitation is an issue, pro se.

An attorney filing the initiating pleading in a dissolution, post-dissolution, or other custody- or visitation-related proceeding must provide the notice summarizing the requirements of Rules 68.12 and 68.13.

An attorney representing a party who files the initiating pleading in a dissolution, post-dissolution, or other proceeding in which custody or visitation is an issue shall provide such notice summarizing the requirements of Rules

Applies to

Bankruptcy notice

The written bankruptcy notice must also be sent to the adverse party's attorney of record, or to the adverse party if no attorney of record exists.

A copy of such written notice shall also be sent to the attorney of record for the adverse party in each such case, or, if there is no such attorney of record, to the adverse party.

Applies to

Out of county execution writ

For out-of-county execution writs, the judgment creditor and judgment debtor are responsible for directly contacting the levying officer to stop enforcement.

For writs of execution directed to out-of-county jurisdictions, the judgment creditors and judgment debtors are responsible for directly contacting the levying officer in such jurisdiction to cease enforcement activity.

Applies to

Garnishee interrogatories

Service

Mail to clerk

The garnishee must mail a properly notarized answered copy of the interrogatories to the Department of Civil Records and another answered copy to the interrogating party.

One copy of the interrogatories, with answers, properly notarized, shall be mailed to the Department of Civil Records, and one copy, with answers, shall be mailed to the interrogating party.

Applies to

Garnishment exemption filing notice

Service

Mail

The Court Administrator’s Office must mail the judgment creditor notice of the exemption affidavit on the filing date or within one day afterward.

On the date the affidavit is filed, or within one (1) day thereafter, the Court Administrator's Office will mail a notice of such filing to the judgment creditor, by United States first class mail.

Applies to

Garnishment exemption objection

Service

Mail

The judgment creditor must mail a copy of the objection to the judgment debtor’s last known address on the filing date.

A copy of said objection shall be mailed by the judgment creditor to the judgment debtor at his last known address, by United States first class mail on the date the objection is filed.

Applies to

Protective order

The requesting party must deliver a copy of the entered protective order to the Director of the Department of Civil Records.

When a protective order is entered in any cause, the party requesting such an order shall deliver a copy of the protective order to the Director of the Department of Civil Records.

Applies to

Protected item

Any item affected by a protective order must be filed with the Director of the Department of Civil Records.

Any item affected by a protective order shall be filed with the Director of the Department of Civil Records.

Applies to

Notice of hearing

Service

Mail

When a hearing is required, persons entitled to serve as personal representative generally must receive certified-mail notice, except the applicant and persons who waived notice.

Generally, persons entitled to serve as personal representative (other than the applicant or those who have waived notice) must be notified by certified mail when a hearing is required.

Service

Mail

Hearing notice is sent by ordinary mail and must provide at least ten days' notice.

The notice of hearing will be sent by ordinary mail. A minimum of ten (10) days for ordinary mail notice is required.

Service

Publication

When an heir's whereabouts are unknown, notice of the hearing must be published.

If the whereabouts of an heir is unknown, notice of hearing must be published.

Applies to

Final settlement

Service

Mail to all parties

For an exhausted estate, mailed notice of the final settlement filing is required for interested persons unless they waive notice.

Mailed notice of the filing of the exhausted estate final settlement to interested persons is required by the Court unless waived by interested persons.

Service

Mail

Unless waivers are obtained, notice of filing the final settlement must be mailed and published, and the applicable Notice and Proof of Mailing and Affidavit of Publication must be filed electronically.

(12) Mail and publish notice of filing final settlement unless waivers have been obtained. Electronically file Notice and Proof of Mailing and Affidavit of Publication with the Court, if applicable.

Applies to

Settlement

Unless waived, notice of the settlement filing must conform with § 473.840.

Notice of the filing of the settlement, unless waived, must conform with § 473.840 even though closing under § 473.837.

Applies to

Statement of account

Unless waived, notice of the statement of account must be given to interested persons.

Notice of the statement of account must be given to interested persons, unless waived.

Service

Mail

Mailed notice and proof of mailing are required for creditors with unresolved claims, while publication is not required.

Mailed notice is required. Publication is not required; however, mailed notice must be given to all creditors who have filed claims that remain unresolved. The attorney must file proof of such mailing to such creditors.

The personal representative must give known or reasonably ascertainable creditors actual notice of letters issuance and the claim-filing deadline.

It is the responsibility of the personal representative to provide actual notice of the issuance of letters and the time within which to file claims to all known or reasonably ascertainable creditors.

Applies to

Claim

A notified creditor must file the claim in the Probate Division and serve a copy on the personal representative before the non-claim period expires.

Once notified, the creditor must file their claim in the Probate Division and serve a copy on the personal representative before the expiration of the non-claim period.

Applies to

Petition

A petition requiring specific judicial approval must be set for hearing with notice to interested persons.

If a petition must be filed it must be set for hearing with notice to interested persons.

When filing the application, the personal representative must request a hearing and ensure that notice of the hearing is served on all creditors and/or distributees of the estate.

At the time of filing the application, the personal representative shall also request a hearing on said application, and cause notice of the hearing on the application to be served upon all creditors and/or distributees of the estate, as the Court may direct.

Applies to

Notice of hearing

Service

Personal service to opposing party

Notice of the petition hearing must be personally served on an adult respondent, and substituted service is insufficient.

Notice of hearing on the petition shall be personally served on the respondent; substituted service on the respondent is not sufficient.

Applies to

Petition

Service

Personal service

If an adult respondent has executed a power of attorney or durable power of attorney, the nominated attorney-in-fact must receive personal service of a copy of the petition.

If the respondent has executed a power of attorney, or durable power of attorney, the nominated attorney-in-fact must be personally served with a copy of the petition.

Applies to

Notice of hearing

When criminal charges are pending against an adult respondent, the petitioner must notify the appropriate prosecuting official of the hearing.

When criminal charges are pending against an adult respondent, the petitioner must give notice of hearing to the appropriate prosecuting official.

Applies to

Minor guardianship process

Service of process in a minor guardianship is governed by the Uniform Child Custody Jurisdiction and Enforcement Act and sections 452.700 and 452.930.

The Uniform Child Custody Jurisdiction and Enforcement Act governs service of process in minor guardianships. See §§ 452.700 and 452.930.

Applies to

Summons and petition

If a natural or adoptive parent does not consent to a minor’s guardian appointment, that parent must be served with a summons and petition under the Rules of Civil Procedure.

Thus, if a parent (natural or adoptive) does not consent to the appointment of the guardian, that parent must be served with a summons and the petition in the manner provided by the Rules of Civil Procedure.

Applies to

Minor guardianship notice

Both parents must receive notice in a minor guardianship unless a parent’s parental rights have been terminated, regardless of custody-order provisions or the minor’s legitimacy status.

Notice to both parents is mandatory, except where a parent’s parental rights have been terminated, regardless of the provisions of any custody order or of the fact that the minor is illegitimate.

A minor over fourteen must receive notice of the guardianship hearing unless the minor consents to appointment, in which case the minor's witnessed signature must appear on the application.

The minor, if over fourteen years of age; (However, the minor may consent to appointment in which case notice of hearing to the minor will not be given. To consent, the minor's signature must appear on the application and be witnessed.)

The minor's parents must receive notice unless they consent to the appointment.

The parents of the minor, unless they consent to the appointment;

The minor's spouse, if any, must receive notice of the hearing.

The spouse of the minor, if any.

Service

Mail

The attorney must mail the required notices to the minor's parents and persons listed on the petition, and may be required to notify other custodians or service and benefit providers, then file the certificate of mailing seven days before the hearing.

The Court requires mailed notice to the minor’s parents and all persons listed on the petition. The Court may also require notice to any person or agency which has custody of or provides benefits or services to the minor. The Court will prepare the required notices. It is the attorney’s responsibility to print the notices, mail them as indicated, and file the certificate of mailing seven days prior to the hearing.

Both parents must receive notice regardless of any custody order or the minor's legitimacy status.

Notice to both parents is mandatory, regardless of the provisions of any custody order or of the fact that the minor is illegitimate.

Service

Publication

When a natural parent's identity is unknown, or the parent's identity is known but the parent's whereabouts are unknown, the petitioner must allege the applicable facts and request service by publication under Civil Rule 54.12(c).

A request for service by publication should be made consistent with Civil Rule 54.12(c) where the identity of a natural parent is unknown, a fact which the petitioner must so allege, or where the identity of a natural parent is known, but the parent's whereabouts is unknown.

Applies to

Notice of hearing

Service

Personal service

The respondent must receive personal service of the notice of hearing in an emergency adult guardian ad litem proceeding.

Notice of hearing must be personally served upon the respondent.

Applies to

Final settlement

Service

Mail to all parties

Proof of mailing or waivers of notice of the final settlement to all heirs must be filed.

However, proof of mailing or waivers of notice of the final settlement to all heirs must be filed.

Applies to

Restoration petition

A restoration petition must be set for hearing, with notice to the guardian or conservator if they did not join and to other interested persons determined by the court.

The petition shall be set for hearing and notice thereof shall be given to the guardian/conservator (if the guardian/conservator has not joined in the petition) and to any other persons who may be interested in the proceeding as determined by the Court.

Service

Mail

Notice to interested parties must be sent by certified mail with return receipt requested.

Notice to interested parties shall be by certified mail, return receipt requested.

Service

Personal service

If certified mail cannot be completed, interested parties must be personally served.

If certified mail cannot be completed, interested parties shall be personally served with notice.

Service

Publication

If personal service cannot be achieved, notice must be provided by publication through a request made under Missouri Supreme Court Rule 54.12(c).

If personal service cannot be achieved, notice shall be by publication. The request for publication shall be made pursuant to Missouri Supreme Court Rule 54.12(c).

Applies to

Proof of service

Service

Electronic service to court

Proof of service must be electronically filed no later than seven days before the hearing.

Proof of service shall be e-filed no later than seven (7) days prior to the hearing.

When filing the application, the conservator must arrange service of hearing notice on all estate creditors as directed by the court.

At the time of filing the application, the conservator shall also cause notice of the hearing on the application to be served upon all creditors of the estate, as the Court may direct.

Applies to

Notice of hearing

For the specified VA-benefit estates, a support-and-maintenance order requires notice to the Veterans Administration unless the agency has waived hearing notice.

In any estate, in which the protectee is receiving VA benefits, if the original petition for appointment of a guardian was filed on or before December 31, 1980, no order for support and maintenance, will be entered unless notice of hearing thereon has been given to the Veterans Administration in accordance with §§ 475.380 through 475.480 or unless a waiver of notice of hearing has been obtained from the Veterans Administration.

Service

Publication

Notice of filing the final settlement must be published and mailed unless waivers have been obtained, and this requirement does not apply to minors' estates.

Publish and mail notice of filing final settlement unless waivers have been obtained. (Not applicable to minors' estates.)

Before the court enters judgment connected with a trust, a petition seeking appropriate relief must be filed and all necessary parties must be served.

Before the Court can enter any judgment in connection with the trust, a petition must be filed seeking appropriate relief and service must be obtained upon all necessary parties.

Service on co-trustees and beneficiaries, or their consent, is required before the Court will appoint a successor trustee absent a provision in the trust instrument.

However, where no provision for a successor trustee is made in the trust instrument, the Court will appoint a successor trustee only after appropriate documents/pleadings are filed, the filing fee is paid, and service on interested persons (co-trustees, beneficiaries) has been made or their consents have been obtained.

An order making specified probate rules applicable must be served on every party.

The order shall be served upon all of the parties.

Applies to

Civil proceeding

Civil proceedings must be commenced by service, summons, or a proper waiver of service.

All civil proceedings, as distinguished from probate proceedings, must be commenced by service or summons, or proper waiver of service.

Applies to

Probate proceeding

Service

Personal service

In proceedings under §475.075, personal service must be made on the respondent and may not be made on a household member.

Additionally, §475.075 sets forth certain special procedural rules, such that personal service can only be had on respondent, and not on a household member as allowed by the civil rules.

Applies to

Notice of hearing

Service

Mail

Unless personal service is appropriate, the attorney must file a signed and legible Form 10370 that identifies the represented party, describes the matter, and lists each person to be notified with a full name and address including ZIP code.

Except where personal service is appropriate, request for notice of hearing on the Court’s form 10370 must be filed. The request (Form 10370) is to be signed by the attorney for the party requesting the hearing. The attorney shall identify the party represented. The request shall clearly describe the matter to be heard and shall list the full name and address, including zip code, of each person to be notified. The request must be legible.

Service

Mail

Unless the Court directs otherwise, notice must be served by certified mail with a return receipt, and the hearing may not be set earlier than three weeks after mailing.

Unless otherwise directed by the Court, notice shall be served by certified mail. Return receipt requested. Where notice of hearing is by certified mail, the hearing will not be set earlier than three weeks after mailing the notice in order to secure return receipts proving service prior to the (Rev. 8/2021) ===== PAGE 10 ===== date of hearing.

Applies to

Notice of hearing

Service

Mail

The attorney must mail the notice of hearing, AP order, and petition to each person to be notified and file the certificate of mailing and any certified-mail return receipts no later than seven days before the hearing.

The attorney is responsible for mailing the notice of hearing, AP order, and petition to each person to be notified. The attorney shall file their certificate of mailing of the notices, and the certified mail return receipts (if any), no later than seven days before the date of the hearing.

Service

Publication

A request for publication service must include an affidavit complying with Civil Rule 54.12 that explains why certified-mail service cannot be obtained.

A request for service of notice by publication must be accompanied by an affidavit complying with Civil Rule 54.12. In this connection, the affidavit should factually demonstrate why service by certified mail cannot be obtained.

Service

Publication

The Court will not hear the matter or enter judgment until the affidavit of completed service has been filed.

The Court may not hear the matter and, in any event, will not enter a judgment in the matter until the affidavit of completed service has been filed.

Applies to

Service packet

Service

Court service

When service is by summons, the attorney must forward the service packet to the process server and file the return of service.

The attorney is responsible for forwarding the service packet to the process server, and for filing the return of service.

Service

Court service

When service is by summons, the hearing date will not be set until the case is at issue and at least 30 days have elapsed from service.

Where service is by summons, the hearing date will not be set until the case is at issue and, in any event, not until the expiration of 30 days from the date of service.

Service

Publication

If the property exceeds $15,000 and less than one year has elapsed since the decedent's death, notice to creditors must be published.

When the value of the property exceeds $15,000.00 and one year from the date of death of the decedent has not expired, a notice to creditors must be published.

Service

Publication

The attorney must deliver the publication notice and payment for publication to the appropriate legal publication service.

The attorney is responsible for delivering the publication notice, along with payment for said publication, to the appropriate legal publication.

Notice of a will-construction hearing must be given to all heirs and devisees who could be affected by a possible reasonable construction.

all heirs and devisees who could be affected by any possible reasonable construction shall be given notice thereof.

Applies to

Notice of right to object

Service

Mail

The court must notify the successor conservator in writing of the right and deadline to object to the final settlement.

The successor conservator will be notified in writing by the Court of the right to file objections and the time in which to do so.

Applies to

Continuance application

Written trial de novo continuance applications and accompanying documents must also be emailed, faxed, or hand-delivered to the division handling the case.

All written applications and accompanying documents shall also be emailed, sent by facsimile transmission, or hand- delivered to the Division in which the case is pending.

No summons may be issued in a hardship-driving-privileges case.

No summons shall be issued in this cause.

Applies to

Garnishment release notice

Service

Mail

If no timely objection is filed, the execution and garnishment are released without further court order, and the Court Administrator’s Office must mail the release to the garnishee by United States Regular Mail.

If no objection is filed within the time provided in paragraph three (3) above, the Court Administrator's Office will automatically release the execution and garnishment without further order of the Court, and mail a copy of the release to the garnishee, by United States Regular Mail.

Applies to

Additional publication notice

Service

Publication

When an intestate leaves no known heirs, an additional publication notice is required.

Practice Tip: When an intestate has left no known heirs, an additional publication notice is required, pursuant to § 473.040.

Applies to

Application for fees

The court will act on an excess-fee application only if all interested persons consent or the application is set for hearing with notice to them.

The application will be acted on by the Court only if the consents of the interested persons are obtained or the application is set for hearing with notice to interested persons.

Applies to

Final settlement

Service

Mail

In an insolvent estate, mailed notice of the filing of final settlement should be sent to claimants with outstanding claims.

Practice Tip: In an insolvent estate, mailed notice of filing final settlement should be sent to any claimants with outstanding claims.

Applies to

Petition

Service

Mail

Relatives other than the adult respondent and qualifying attorney-in-fact who are listed on the petition will be notified by ordinary mail.

All other relatives listed on the petition will be notified by ordinary mail.

Applies to

Notice of hearing

To seek approval of an annual accounting, the trustee may file a petition and must secure service of notice of hearing on all necessary parties.

The trustee may secure approval of an annual accounting by filing a petition to that effect and securing service of notice of hearing on all necessary parties.

Service

Personal service

For service outside the state, the Court will approve a party-nominated special process server on written application and a showing of good cause; no order is required for service within the state.

On written application and for good cause shown, the Court will approve the appointment of a special process server named by the party if service is to be made outside of the state. No order is necessary if service is to be made within the state.

Service

Publication

Publication is required even when the petitioner is the sole heir.

Please note that even when the petitioner is the sole heir, publication pursuant to § 473.663.3 is still required.

Applies to

Notice of request

Service

Personal service

Notice of a request for judgment upon affidavit is not required for a party in default unless law otherwise requires it.

No notice shall be required to be given to a party who is in default unless otherwise required by law.

Applies to

Notice to minor

Service

Mail

As a practice tip, notices to minors should be mailed to the custodial parent or duly appointed guardian, who should sign the return receipt.

Practice Tip: Notices to minors should be sent to the address of the custodial parent or the duly appointed guardian for the minor, and the return receipt should be signed by the custodial parent or guardian.

Service

Mail

Notice and hearing are unnecessary when consents of interested persons are obtained and filed with the petition and order.

Notice and hearing are not required if consents of interested persons are obtained and filed with the petition and order.

Applies to

Statement of account

Interested persons include all distributees unless their receipts are filed with the statement of account.

For this purpose, interested persons include all distributees unless their receipts are filed with the statement of account.

Applies to

Petition

The attorney should notify the Jackson County Public Administrator’s office when that office is nominated and a petition is filed.

Practice Tip: If the Jackson County Public Administrator is nominated, the attorney should notify the Jackson County Public Administrator’s office of the filing of the petition.

Applies to

Letters

A certified copy of the original letters is sent to the guardian or conservator's attorney.

A certified copy of the original letters is sent to the attorney for the guardian/conservator.

Applies to

Abbreviated adversary order

Service

Mail

An abbreviated adversary order is generally used when service is by certified mail and no answer must be filed.

In general, an AB order is used when service is by certified mail and where no answer is required to be filed.

Applies to

Notice of hearing

Service

Mail

Other adversary probate proceedings involving an abbreviated adversary order may be instituted by issuing notice of hearing by certified mail, return receipt requested.

In general, other adversary probate proceedings in which an abbreviated adversary order is entered may be instituted by the issuance of notice of hearing by certified mail, return receipt requested. § 472.100.

Service

Court service

The clerk automatically issues a notice of hearing or summons for specified guardianship and commitment proceedings when a hearing is required.

Notice of hearing or summons is automatically issued by the clerk in connection with petitions for the appointment of guardians and commitment proceedings involving mental illness or substance abuse and petitions for appointment of a guardian or conservator for a minor (when a hearing is required).

Applies to

Notice of hearing

Service

Personal service

Notice of a guardianship hearing may be served personally.

PERSONAL SERVICE, NOTICE OF HEARING, 29.50

Service

Publication

Publication notice is not required.

** Publication and mailed notice is not required.