Missouri Subpoena in a Criminal Case

State:
Missouri
Control #:
MO-AO-89
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PDF
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Description

This is a form addressing a procedural aspect of a federal court case. Note the district in which this form is for use.

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FAQ

Although receiving a court summons may be jarring, it does not automatically mean you are in trouble. You may just have important information or access to information necessary for a particular case to proceed.

In a civil case, you may be subpoenaed for out-of-court testimony as well. In either kind of case, a subpoena may order you to provide documents. A subpoena must be delivered in person. In most cases this can be done by one of the parties in the case or by anyone who is at least 18 years old.

If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law.In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).

If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases.If you get a Subpoena and do not want to testify or turn over documents, do not just ignore it.

You must engage legal counsel to file a motion to quash in the appropriate court, and you must also be prepared for the possibility that the agency or party that sought or issued the subpoena will simply seek to have it re-served by authorized means.

A subpoena may be served by any peace officer or by any person who is not a party and who is not less than eighteen (18) years old. A subpoena may be served any place in the state. Witness fees and mileage do not need to be collected upon service of the subpoena.

Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.

A criminal subpoena is an official request for production.The court-ordered demand requires that you act in some way, such as testify, present evidence, or help on an issue with a pending criminal case.

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Missouri Subpoena in a Criminal Case