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Missouri Subpoena in a Civil Case to Appear and Testify at Hearing or Trial

State:
Missouri
Control #:
MO-SKU-0406
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Subpoena in a Civil Case to Appear and Testify at Hearing or Trial

A Missouri Subpoena in a Civil Case to Appear and Testify at Hearing or Trial is a legal document issued by the court to a non-party witness, requiring them to attend a hearing or trial and provide testimony or evidence. A Missouri Subpoena is a civil court order, meaning the witness is required to appear or risk legal consequences. There are two main types of Missouri Subpoena in a Civil Case to Appear and Testify at Hearing or Trial: 1. Subpoena Ducks Cecum: A Subpoena Ducks Cecum requires a witness to produce documents, records, or other tangible items relevant to the case. 2. Subpoena Ad Testificandum: A Subpoena Ad Testificandum requires a witness to appear in court and provide testimony.

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FAQ

In Missouri, a subpoena in a civil case to appear and testify at a hearing or trial should generally be served at least 48 hours before the scheduled appearance. This time frame allows the recipient sufficient notice to prepare for their testimony. However, it is often advisable to serve the subpoena even earlier, especially if the individual resides far from the court location. Utilizing the resources from US Legal Forms can ensure that you correctly prepare and serve your Missouri subpoena, helping you navigate the legal process smoothly.

57.03. (a) When Depositions May Be Taken. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as specified in paragraph (2) of this subdivision.

A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance. (c) Notice to Parties. The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.

(d) Service ? Tender of Fees and Mileage Not Required. A subpoena may be served by any peace officer or by any other person who is not a party and who is not less than 18 years of age. A subpoena may be served any place within the state. Fees and mileage need not be tendered to the witness upon service of a subpoena.

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

26.02. Rule 26.02 - Misdemeanors or Felonies-Witnesses-Subpoena (a) For Attendance of Witnesses; Form; Issuance. A subpoena shall be issued by the clerk under the seal of the court.

A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

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Missouri Subpoena in a Civil Case to Appear and Testify at Hearing or Trial