A Missouri Subpoena To Testify At A Deposition in A Civil Action is a court order issued by a court in Missouri that requires a witness to appear and give testimony in a deposition. It is typically issued by the court when the witness’s testimony is needed to help a party in a civil action. The Subpoena can be for an individual or a corporation, and it can be issued to compel a witness to appear at a certain time and place to give testimony under oath. There are two main types of Subpoena to Testify at a Deposition in a Civil Action: the Subpoena Ducks Cecum and the Subpoena Ad Testificandum. The Subpoena Ducks Cecum requires the witness to produce documents or tangible items to the court, while the Subpoena Ad Testificandum requires the witness to appear and give testimony. Both types of Subpoenas must be served on the witness according to Missouri law.
Missouri Subpoena To Testify At A Deposition in A Civil Action
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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
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.
(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.
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.
Rule 57.05 - Persons Before Whom Depositions May Be Taken (a) In Missouri. Within the State of Missouri, depositions shall be taken before an officer authorized by the laws of this State to administer oaths, or before a person appointed by the court in which the action is pending.
Orders a person who is not a party to a case to appear and testify at a deposition (give testimony outside of the court).
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.
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.