Subpoena: Difference between revisions

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=Howto=
=Howto=
*When to use it - [https://www.weil.com/~/media/files/pdfs/subpoenas-using-subpoenas-to-obtain-evidence.pdf]
*When to use it - [https://www.weil.com/~/media/files/pdfs/subpoenas-using-subpoenas-to-obtain-evidence.pdf]
**Note addresses: the situations in which a party should use a subpoena, what information must be included in a subpoena, who may issue a subpoena, how to serve a subpoena, how to calculate the fee to be paid to the subpoenaed
**Note addresses: the situations in which a party should use a subpoena, what information must be included in a subpoena, who may issue a subpoena, how to serve a subpoena, how to calculate the fee to be paid to the subpoenaed witness, how to provide notice of the subpoena to the other parties, how to enforce the subpoena, and how to appeal a court order granting or denying the discovery sought in a subpoena
witness, how to provide notice of the subpoena to the other parties, how to enforce the subpoena, and how to appeal a court order granting or denying the discovery sought in a subpoena

Revision as of 04:22, 4 August 2024

  • MO Rules - 57.01 general, [1]
    • Entry upon land, 58.01 - [2]
    • 61.01 - Sanctions - [3]
  • Subpoena duces tecum - of evidence materials [4]
  • First parties don't need subpoena. They are simply asked for deposition and must comply. If they don't, silence is acquiescence - they are punished by admitting to the facts they are hiding [5]
  • Third parties - subpoena ad testificandum [6]

Howto

  • When to use it - [7]
    • Note addresses: the situations in which a party should use a subpoena, what information must be included in a subpoena, who may issue a subpoena, how to serve a subpoena, how to calculate the fee to be paid to the subpoenaed witness, how to provide notice of the subpoena to the other parties, how to enforce the subpoena, and how to appeal a court order granting or denying the discovery sought in a subpoena