A Missouri Subpoena in a Civil Case to Testify at a Deposition is a legal document that requires an individual to appear in court or at a deposition and provide testimony in a civil case. This type of subpoena is issued by the court or a party involved in the case and is usually served in person. It contains the date, time, and location of the deposition, as well as a list of documents the witness is required to bring. There are two types of Missouri Subpoena in a Civil Case to Testify at a Deposition: a Subpoena Ad Testificandum and a Subpoena Ducks Cecum. A Subpoena Ad Testificandum is a subpoena that orders a witness to appear in court and provide testimony. A Subpoena Ducks Cecum is a subpoena that orders a witness to appear in court and bring certain documents or records related to the case. Failure to comply with either type of subpoena can result in a civil or criminal penalty.
Missouri Subpoena in a Civil Case to Testify at a Deposition
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FAQ
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.
Ingly, Rule 57.01(a) (as provided and promulgated by the Supreme Court) still technically reads as: (a) Scope. Any party may serve upon any other party written interrogatories. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.
Any part of a deposition that is admissible under the rules of evidence applied as though the deponent were testifying in court may be used against any party who was present or represented at the taking of the deposition or who had proper notice thereof. Depositions may be used in court for any purpose.
Every subpoena for a deposition shall: (1) Be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or Rule 57.06 or by the clerk of the court in which the civil action is pending; (2) State the name of the court and the style of the civil action; (3) State the name, address
Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.
A person who desires to perpetuate testimony of any person regarding any matter that may be cognizable in any court of Missouri may file a verified petition in the circuit court in the county of the residence of any expected adverse party.
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 pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance. The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading.