Effective 28 Aug 1992

375.580. Issuance, service and return of process. — 1. If any order as described in section 375.640 or 375.1155 to be issued preliminarily to the summary hearing provided by section 375.600 is prayed for:

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

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

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

(4) After the issuance of the initial order, the director shall immediately make arrangements with the clerk of the court for prompt personal service upon the defendant or defendants of the verified petition and orders. The clerk of the court shall maintain the court's file as confidential, except for good cause shown, until personal service is made.

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

3. Any preliminary order issued pursuant to this section may be served and enforced as provided by law in injunctions issued in other cases, but the director shall not be required to give any bond as preliminary to or in the course of any proceedings to which he is a party as such director, pursuant to sections 375.570 to 375.750 and 375.1150 to 375.1246, either for costs or for any order, or in case of appeal to either the supreme court or to any appellate tribunal.

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(RSMo 1939 § 6054, A.L. 1978 H.B. 1634, A.L. 1992 H.B. 1574)

Prior revisions: 1929 § 5943; 1919 § 6351; 1909 § 7081