A subpoena is an official paper that tells a witness to show up in court. It has to include the court name, case name, and the lawyers' contact info. A court clerk or notary gives out the blank subpoena form, and the lawyer or party fills it in before giving it to the witness. A court can order a witness to keep coming back until the case is done. If a subpoena tells someone to bring documents or objects, the court can cancel that subpoena if it is unfair or too burdensome.
491.100. , form — how d — for property, court's to , when exercised. — 1. Such summons shall be in the form of a subpoena, shall state the name of the court and the of the , the names, addresses and telephone numbers of the attorneys for the respective parties and identifying the attorney or requesting the attendance of the and shall command each person to whom it is directed to attend and give at a time and place therein specified or shall otherwise advise the witness of the name and telephone number of a person who can direct the witness of the time and place his appearance is required. The wherein the matter is pending, or the of the county wherein such trial shall be had, shall issue a subpoena, or a subpoena for the production of objects and , signed and but otherwise in blank, to a party requesting it, who shall fill it in before .
2. The court may, on of the party causing the subpoena to be issued, that the witness shall appear, from time to time until the case is or he is otherwise excused by the court.
3. Where a subpoena commands the person to whom it is directed to produce the objects, books, papers, or documents therein, the court upon may, promptly, and in any event at or before the time specified in the subpoena for therewith, quash the subpoena if it is unreasonable and or condition of the motion upon the by the person in whose behalf the subpoena is issued of the reasonable cost of producing the objects, books, papers, or documents.
(RSMo 1939 § 1898, A.L. 1947 V. II p. 237, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 1734; 1919 § 5421; 1909 § 6365
(1975) Report of assistant manager made within a few after accident was not subject to procedures since it was made for use of 's attorney and was part of the between client and . Lindberg v. Safeway Stores Inc. (A.), 525 S.W.2d 571.
Tap any gold-underlined word to see what it means.
Related Missouri laws
Subpoenas, by whom served
RSMo 491.110
Summons of witnesses
RSMo 491.090
Subpoenas, how served and returned
RSMo 491.120
Testimony of witness not to be used to convict him of fraud
RSMo 491.080
Juvenile court adjudication, use to affect credibility
RSMo 491.078
Statement of child under eighteen or vulnerable person admissible, when
RSMo 491.075
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.