Missouri Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
57.05. (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. A person so appointed has power to administer oaths and take testimony.
In some circumstances, the individual subpoenaed may challenge the subpoena by filing either a Motion to Quash or Modify. A subpoena can be quashed if it is ?unreasonable or oppressive.? It can be modified to make compliance more reasonable. Contact us with questions.
And non-suggestive manner in ance with Rule 57.03(d) of the Missouri Rules of Civil Procedure. An attorney may instruct a deponent not to answer only when necessary to preserve a privilege or to enforce a limitation on evidence directed by the court.
Briefs of Amicus Curiae. (1) A brief may be filed by amicus curiae in cases before the Court on the merits. The brief shall be filed only with the consent of all parties or upon order of the Court.
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.
Missouri Rule of Civil Procedure 74.05(d) states that in order to have a default judgment set aside, a party must state facts ?constituting a meritorious defense? and show ?good cause.? The court in Bryant reminds us that there is an initial pleading requirement as well.
The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy ...
One purpose of Rule 57.03(b)(4) is to permit a party to take the deposition of an opposing corporation's representative at a time when the party taking the deposition knows that the statements made by the witness on the identified topics will be admissible against and binding on the corporate party.