A Missouri Subpoena, often referred to as a “subpoena duces tecum”, is a written command issued by a court or other legal authority, requiring a person to appear in court and bring documents or other tangible items relevant to a legal proceeding. A Missouri Subpoena can be used to gather evidence, compel testimony, or both. There are two main types of Missouri Subpoenas: a Deposition Subpoena and a Trial Subpoena. A Deposition Subpoena is used to command a witness to appear and give testimony in a deposition, while a Trial Subpoena is used to command a witness to appear and give testimony in a court trial. Both types of Missouri Subpoena must be served upon the witness prior to the scheduled court appearance.
Missouri Subpoena
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Subpoena
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FAQ
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 valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
Current through the 2023 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.
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.
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.
"A valid subpoena must be issued and signed by a clerk of the court, notary public, or the justice of the peace, and must state the name of the court, state the title of the action, and be accompanied by a witness fee," she says.
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
