506.100. How papers shall be served. — 1. Every pleading subsequent to the original petition, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper which by statute, court rule or order is required to be served, shall be served upon each of the parties affected thereby, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service summons in this code.
2. Whenever under this code service is required or permitted to be made upon a party represented by an attorney of record the service shall be made upon the attorney unless service upon the party himself is ordered by the court. The service may be made
(1) Upon the attorney or a party, by delivering a copy to him;
(2) Upon the attorney, by leaving a copy at his office with his clerk or with an attorney employed by or associated with the attorney to be served;
(3) Upon a party, by leaving a copy at his usual place of abode with some person of his family over the age of fifteen years.
3. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any crossclaim, counterclaim or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
4. All papers after the petition required to be served upon a party shall be filed with the court either before service or within five days thereafter.
5. The filing of pleadings and other papers with the court as required by this code shall be made by filing them with the clerk of the court except that a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
Notes of Decisions
Cited in
13
cases, 1950–2020 · leading case:
Hutchins v. Priddy, 103 F. Supp. 601 (W.D. Mo. 1952).
Hutchins v. Priddy, 103 F. Supp. 601 (W.D. Mo. 1952).
· cites it 9× “; that defendants Priddy and Lamb being in default to the original claim made against them, for failure to appear in the state court, at the time of the filing of the amended complaint, new service of process was essential and should have been issued on said amended complaint,…”
Burchett v. Burchett, 572 S.W.2d 494 (Mo. Ct. App. 1978).
· cites it 2× “01(a) and predecessor § 506.100 so that summons in the usual form need not issue or be served.”
State ex rel. Mercantile Nat'l Bank at Dallas v. Rooney, 402 S.W.2d 354 (Mo. 1966).
· cites it 3× “The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of the hearing, shall be served on the parties as provided in section 506.100, RSMo, and upon persons not parties in the manner…”
Williamson v. Williamson, 331 S.W.2d 140 (Mo. Ct. App. 1960).
· cites it 3× “, does not state the procedural steps which must be followed in such a proceeding, other than that such a modification may be made “on the application of either party.”
State ex rel. Moore v. Ligons, 532 S.W.3d 719 (Mo. Ct. App. 2017).
· cites it 2× “1962) (construing similar language in section 506.100). A prayer for relief, considered in isolation, is not a claim for-relief.”
Korn v. Ray, 434 S.W.2d 798 (Mo. Ct. App. 1968).
· cites it 2× “* * *” In the case at bar § 506.100 RSMo 1959, V.A.M.S., and Civil Rule 43.”
Wade v. Wade, 395 S.W.2d 515 (Mo. Ct. App. 1965).
· cites it 2× “01(a) of the Supreme Court and Section 506.100 V.A.M.S., from which Rule 43.”
Cobble ex rel. Cobble v. McDonald, 313 S.W.2d 713 (Mo. 1958).
· cites it 3× “The motion for substitution may be made by the successors or representatives of the deceased party or by any party and, together with the notice of the hearing, shall be served on the parties as provided in section 506.100 RSMo 1949, and upon persons not parties in the manner…”
Dodds v. Dodds, 328 S.W.2d 724 (Mo. Ct. App. 1959).
· cites it 3× “5, 1943 Act, Civil Code [Section 506.100 RSMo 1949, V.A.M.S.], in its rule 3.”
Mirax Chem. Prods. Corp. v. Tarantola, 268 S.W.2d 71 (Mo. Ct. App. 1954).
· cites it 2× “The fact that the motion was mailed to the judge instead of the clerk is of no consequence, for the judge may permit the filing of such papers with him in accordance with Section 506.100, subd. 5, RSMo 1949, V.A, M.”
State ex rel. Hicklin ex rel. McDaniel v. Fid. & Cas. Co. of New York, 274 S.W.2d 596 (Mo. Ct. App. 1955).
· cites it 3× “However, under Section 506.100 RSMo 1949, V.A.M.S., a general statute pertaining to methods of service of papers, a copy of a motion for new trial, together with all amendments thereto, should be served upon the opposing parties before presentation of the same to the court for…”
State ex rel. Perrine v. Keirnan, 237 S.W.2d 156 (Mo. 1950).
“1949, §§ 506.100, [161] 506.110, 506.150) covering notice to a party of a claim or of a new or additional claim against him.”
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