Missouri Notice of Subpoena
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FAQ
For having the subpoena domesticated, a request will need to be made to have the subpoena issued by the court where the subpoena is to be served. This usually means filling out an application, submitting a petition, or sending any related documents to the court.
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. Missouri summons last only 30-60 days.
Time Requirements for Service of Subpoenas. Under Missouri's new rule, a subpoena to a non party for the production of documents and things shall be served no fewer than ten (10) days before the time specified for compliance.
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff's deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age.
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.
When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff's deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper.
