Missouri Subpoena

State:
Missouri
Control #:
MO-SKU-1021
Format:
PDF
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Description

Subpoena

A Missouri Subpoena is a court-issued document that compels an individual to appear in court and provide testimony or produce documents related to a case. There are four main types of Missouri Subpoenas: subpoena duces tecum, subpoena ad testificandum, subpoena in a criminal case, and subpoena in a civil case. A subpoena duces tecum requires an individual to produce documents or physical evidence related to a case. A subpoena ad testificandum requires an individual to appear in court to give testimony. A subpoena in a criminal case requires an individual to provide evidence related to a criminal charge. Finally, a subpoena in a civil case requires an individual to provide evidence related to a civil lawsuit. All Missouri Subpoenas must include the names of the parties involved, the court issuing the document, and the date and time the individual must appear to comply with the subpoena.

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FAQ

A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.

54.20. (a) Within the State - Officer's Returns - Affidavits of Service. (1) Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.

Rule 54.13 - Personal Service Within the State (a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.

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.

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.

Each Missouri summons states the date of the hearing the person is being summoned to. The summons must be delivered at least 15 days before this date and no earlier than 60 days. Then the proof must be delivered promptly afterwards to give ample time to file with the court and customers.

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.

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Missouri Subpoena