Investigations by attorney general
The attorney general (Missouri's top lawyer) can send a special legal order — called a civil investigative demand — to anyone who might have information about a business doing something illegal under this chapter. That order can tell a person to show up and answer questions, or to hand over documents and other evidence. The order must spell out what law may have been broken, what information is needed, and when it must be provided. It cannot ask for things that a regular court order could not ask for either.
407.040. Investigations by — investigative , contents of, how . — 1. When it appears to the attorney general that a person has engaged in or is engaging in any method, act, use, practice or declared to be by this chapter or when he believes it to be in the public interest that an investigation should be made to whether a person in fact has engaged in or is engaging in any such method, act, use, practice or solicitation, he may execute in writing and cause to be served upon any person who is believed to have , , or physical evidence relevant to the alleged or suspected violation, a requiring such person to appear and testify, or to produce relevant documentary material or physical evidence or examination, at such reasonable time and place as may be stated in the civil investigative demand, concerning the , sale or offering for sale of any goods or s or the conduct of any trade or commerce or the conduct of any solicitation that is the subject matter of the investigation. Service of any civil investigative demand, notice, or may be made by any person by law to or by any employee of the attorney general.
2. Each civil investigative demand shall:
(1) State the statute and section thereof, the of which is under investigation, and the general subject matter of the investigation;
(2) Describe the class or classes of information, documentary material, or physical evidence to be produced thereunder with reasonable specificity so as fairly to indicate the demanded;
(3) a by which the information, documentary material, or physical evidence is to be produced; and
(4) Identify the members of the attorney general's staff to whom the information, documentary material, or physical evidence requested is to be made available.
3. No civil investigative demand shall:
(1) Contain any requirement which would be unreasonable or improper if contained in a issued by a court of this state; or
(2) Require the disclosure of any documentary material which would be or which, for any other reason, could not be required by a subpoena duces tecum issued by a court of this state.
4. Service of any civil investigative demand, notice, or subpoena may be made by:
(1) Delivering a duly copy thereof to the person to be served, or to a partner or any officer or authorized by appointment or by law to receive on behalf of such person;
(2) Delivering a duly executed copy thereof to the or the residence in this state of the person to be served;
(3) Mailing by a duly executed copy thereof, addressed to the person to be served, at the principal place of business or the residence in this state or, if such person has no place of business or residence in this state, to his or place of business or his residence; or
(4) The mailing thereof by registered or certified mail, requesting a receipt signed by the addressee only, to the last known place of business, residence or within or without this state of such person for whom the same is intended.
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Source & history notes
(L. 1967 p. 607 § 4, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685) Effective 5-01-86 (1977) Held, this section not unconstitutional as a denial of due process, further an assertion that information requested would require disclosure of trade secrets is premature until attorney general attempts to present such information before a court. Lewandowski v. Danforth (Mo.), 547 S.W.2d 470. (2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of Merchandising Practices Act, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.