375.580. Issuance, service and return of process.

MISSOURI STATUTES AND CODES

375.580. Issuance, service and return of process.

Issuance, service and return of process.

375.580. 1. If any order as described in section 375.640or 375.1155 to be issued preliminarily to the summary hearingprovided by section 375.600 is prayed for:

(1) The petition shall be first presented ex parte to thecourt, which may issue its initial order containing thepreliminary orders prayed for as though the director were thereceiver, but which shall provide in its order that any suchpreliminary order shall not continue beyond the time and date setfor the return of summons, unless the court shall expressly entera further order at the return of summons continuing suchpreliminary order;

(2) The court shall note the time and date of the issuanceof its initial order;

(3) The court shall set a time and date of the return ofsummons, at which time the defendant or defendants may appearbefore the court for a summary hearing. The time and date forthe return of summons shall not exceed ten days from the time anddate of the issuance of the initial order;

(4) After the issuance of the initial order, the directorshall immediately make arrangements with the clerk of the court for promptpersonal service upon the defendant or defendants of the verifiedpetition and orders. The clerk of the court shall maintain thecourt's file as confidential, except for good cause shown, untilpersonal service is made.

2. If no preliminary order is prayed for, the proceedingsshall be the same as in subsection 1 of this section, except thatthe court's file shall be open to the public as provided bysection 375.1172.

3. Any preliminary order issued pursuant to this sectionmay be served and enforced as provided by law in injunctionsissued in other cases, but the director shall not be required togive any bond as preliminary to or in the course of anyproceedings to which he is a party as such director, pursuant tosections 375.570 to 375.750 and 375.1150 to 375.1246, either forcosts or for any order, or in case of appeal to either thesupreme court or to any appellate tribunal.