This form is a sample subpoena seeking documents, served upon a non-party to the action.
Missouri Subpoena for Documents to a Nonparty
State:
Multi-State
Control #:
US-PI-0315
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Subpoena For Documents To A Nonparty?
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FAQ
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.
Missouri Court Rules | Rule 58 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes | Casetext.
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.
A subpoena may be served by the sheriff or by any other person who is not a party and who is not less than eighteen years of age. Service of the subpoena shall be made by delivering a copy thereof to the person named. A subpoena may be served any place within the state.