Subpoena
MO Form Online Fillable
- PDF - [1]
About
- MO Rules - 57.01 general, [2]
- Subpoena duces tecum - of evidence materials [5]
- 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 [6]
- Third parties - subpoena ad testificandum [7]
Howto
- When and How to use it - [8]
- 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
Service
From [9]
HOW TO SERVE A SUBPOENA Since vital testimony and evidence depends on subpoenas, serving them properly — and in a timely manner — is crucial to success. The first step is to fill out the proper forms and obtain the subpoena from the court clerk. Keep in mind that the document must be notarized and signed by the judge or attorney who issued it before it is legally binding. You should also make a second copy of the final document; this copy will go to the witness, while you keep the original.
Next, you will need to find an appropriate process server. (See below for a list of who can legally serve subpoenas.) Your server will need to deliver the subpoena in one of the four legally approved methods. These include:
By hand and in person. Via email to the last known email address. Certified or registered mail via the United States Postal Service. Read aloud in person. The server needs to make every effort to ensure the subpoena goes to the proper person. This includes verifying their full name before hand-delivering it or requesting receipt confirmations via certified mail. The server cannot leave a subpoena if they are not sure it is in the right hands.
Once the subpoena has been served and the correct individual has received the document, the attorney will file what’s called a “proof of service” with their assigned court. This document details who delivered the subpoena, as well as how and when it was served. Be sure to bring the original subpoena form and the proof of service to court, as it may be needed if the witness fails to appear or produce the required documents.
WHO CAN SERVE A SUBPOENA? According to the rules of serving a subpoena, anyone over the age of 18 — as long as they’re not involved in the legal proceedings in question — can serve a subpoena. Typically, though, these documents are served by either a sheriff, lawyer, court clerk, notary public, paralegal, administrative assistant, or professional subpoena service (also called a process server). Process servers, like LORR, are generally preferred if you’re dealing with a hard-to-find or difficult witness.
It’s important to note that you cannot serve a subpoena yourself or in your own case.
Other rules for serving a subpoena include:
The subpoena must state the court in which it was issued, as well as the legal action and case number. It also must specify a date, time, and place the witness must appear or when they must produce documents by. The server must include fees for attendance and mileage to attend, if the witness will be required in court. If the subpoena calls a witness to appear, the location must be within 100 miles of their residence or place of employment. The Rules of Civil Procedure outline the full rules and regulations for how and when a federal subpoena must be served. If you’re unsure about whether your subpoena service is following these rules, it is best to use a professional process server that is well-versed in all applicable laws and methods.
Trickery
- If a person refuses to take the letter from a deputy - it is still legally served if the officer drops it the person's feet. [10]
