Hill Behan Lumber Co. v. Bankhead

I respectfully dissent.

The return of service on a summons outside the state is governed by Rule 54.20(b). Before January 1, 1989, this rule required the officer to make an affidavit of service. In addition, a judge or clerk had to certify the officer’s official character and authority. This rule did not permit any exceptions to these requirements.

In 1988, two things occurred. First, the General Assembly attempted to amend Rule 54.20. See S.C.S.H.B. 1660 in 1988 Mo.Laws 983. Second, the supreme court amended Rule 54.20(b) effective January 1, 1989. Both changes contained an identical addition…