Mo. R. Sm. Clm. Div. Cir. Ct. Summons (with instructions)

As amended through November 19, 2024

Rule - Summons (with instructions)

STATE	SUMMONS PETITION	CASE NUMBER
OF	SMALL CLAIMS COURT
MISSOURI

IN THE CIRCUIT COURT OF

COUNTY, DIVISION

IN _________, MISSOURI

	DEFENDANT SUMMONED
PLAINTIFF(S)
	DEFENDANT'S ADDRESS
vs.
	DATE/TIME/LOCATION OF HEARING
DEFENDANT(S)

________________________________________________________________________________________

The State of Missouri to Defendant You are summoned and required to appear in person at the above location, date, and time. If you fail to appear, a judgment may be entered against you for the amount asked in the attached petition, but not to exceed $1,500 plus interest and court costs. The action has been filed under the Small Claims Court Act. The rules of evidence do not apply and you may defend this action with or without the assistance of an attorney. FOR FURTHER INFORMATION CONCERNING YOUR RIGHTS AND RESPONSIBILITIES, REFER TO THE REVERSE OF THIS SUMMONS. Issued this date _________________, 19____.

(Seal of Circuit Court)

	_________________________________
	CLERK
By:	_________________________________
	DEPUTY CLERK

_______________________________________________________________________________________

SHERIFF'S RETURN

(Unless Certified Mail Used)

I hereby certify that I have served the above summons by: (check one)

[ ]	delivering a copy of the summons and a copy of the petition to the Defendant.
[ ]	leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the
	with ___________________________________, a person of the Defendant's family over
	the age of 15.
[ ]	(for service on a corporation) delivering a copy of the summons and a copy of the petition to
	(name) ___________________, (title) __________________________, at
	(address) ____________________________________________________________________________.
[ ]	[ ] (other) ______________________________________________________________________________

_______________________________________________________________________________________

Served in _________________ County MO on this _______ day of ____________, 19___.

SHERIFF'S FEES

Summons	$___________		_________________________________
Non est	$____________		SHERIFF
Mileage	$____________
		By:	_________________________________
TOTAL	$____________		DEPUTY SHERIFF

________________________________________________________________________________________

[FACE SIDE]

INSTRUCTIONS TO DEFENDANT

1. If you do not wish to oppose Plaintiff's claim you may:

a. Contact Plaintiff and make an out-of-court settlement with the Plaintiff before the hearing date and file with the clerk of the small claims court a dismissal of the case signed by the Plaintiff, or

b. Make no appearance at the hearing. In that case the Plaintiff may be given a default judgment against you.

2. If you wish to oppose the claim:

a. You must appear on the date at the time set for hearing.

b. You should bring with you all books, papers, witnesses, and evidence you have to establish your defense.

c. At your request the small claims clerk will issue a subpoena for any witness you may need, You must order the subpoena as soon as possible and before the hearing date.

3. If you have a claim against a Plaintiff, it is a counterclaim. If you desire to file a counterclaim, then:

a. You must file your counterclaim with the small claims court within ten days after you receive this summons.

b. To do this you must personally appear before the clerk of the small claims court.

c. The clerk will assist you in preparing the counterclaim.

4. If you are a member of the Armed Services of the USA, please advise the court immediately upon receipt of this

summons.

5. Rules of evidence do not apply and you may defend this action with or without the assistance of an attorney.

6. A pamphlet explaining the small claims court is enclosed.

NOTE: COPIES OF ALL FORMS AND PROCEDURES APPLICABLE TO SMALL CLAIMS SHALL BE AVAILABLE TO ANY PERSON FROM THE CLERK OF THE SMALL CLAIMS COURT WITHOUT CHARGE.

[REVERSE SIDE]

Mo. R. Sm. Clm. Div. Cir. Ct. Summons (with instructions)

Form added Feb. 11, 1987, eff. 1/1/1988. Amended June 14, 1988, eff. 8/13/1988; Nov. 29, 1988, eff. 1/1/1989.