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Missouri Subpoena to Testify at a Hearing or Trial in a Criminal Case

State:
Missouri
Control #:
MO-SKU-0475
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PDF
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Description

Subpoena to Testify at a Hearing or Trial in a Criminal Case

A Missouri Subpoena to Testify at a Hearing or Trial in a Criminal Case is a legal document issued by the court or a prosecutor to require a witness to appear in court and testify in a criminal case. The types of Missouri Subpoena to Testify at a Hearing or Trial in a Criminal Case includes a Grand Jury Subpoena, a Witness Subpoena, and a Subpoena Ducks Cecum. A Grand Jury Subpoena orders a witness to appear before a Grand Jury to provide evidence. A Witness Subpoena orders a witness to appear and testify in court. Lastly, a Subpoena Ducks Cecum orders a witness to appear in court and present physical evidence, such as documents or records. All Missouri Subpoenas must include the court's name, the name and address of the witness, the date and time for the witness to appear, the name of the case, the name of the judge, and the signature of the court clerk. The witness must be served with the Subpoena in person or through certified mail. Failure to comply with a Missouri Subpoena to Testify at a Hearing or Trial in a Criminal Case may result in a warrant for the witness' arrest.

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FAQ

(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.

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.

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.

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.

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 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.

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.

More info

File your original and a copy of your Request, together with a completed Proof of Service and copies, at the court's clerk's office. Subpoena to Testify at a Hearing or Trial in a Criminal Case.Download Form (pdf, 309. I declare under penalty of perjury that this information is true. A witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document. In other words, a subpoena duces tecum requires someone to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. The first type of a subpoena is in criminal cases is a witness subpoena. Witnesses are subpoenaed to testify at these hearings. A subpoena is a court document that orders a person to appear in court and testify. In some instances, a subpoena to testify in court may also be used to order a person to give testimony at a deposition.

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Missouri Subpoena to Testify at a Hearing or Trial in a Criminal Case