A subpoena (an order to show up and testify) is officially delivered by reading it out loud to the person or handing them a copy. If the person refuses to listen or take the copy, just trying to do so counts as proper delivery. After delivery, the person who served it must write up a report showing how it was done. In civil cases, if the witness lives more than 40 miles from where the trial is, that must be noted, along with whether the witness was paid their required fees. If a sheriff or officer served it, their report is taken as fact. If a regular private person served it, they must swear under oath that their report is true.
491.120. , how and ed. — 1. The of a to shall be by reading the same or ing a copy thereof to the person to be ; provided, that in all cases where the shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy thereof, and such refusal, shall be a sufficient service of such subpoena.
2. The return shall show the manner of service; and in , if the witness reside at a greater distance than forty miles from the place of trial, it shall be so stated in the return, and also whether his have been or paid, and if served by an officer his return shall be of the facts therein stated; if served by a private person, the return shall be , which shall be received as , and such may be made before the sheriff of the county where such service is made.
(RSMo 1939 § 1908)
Prior revisions: 1929 § 1744; 1919 § 5431; 1909 § 6375
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Related Missouri laws
Subpoenas, by whom served
RSMo 491.110
Fees to be tendered, when
RSMo 491.130
Summons, form
RSMo 491.100
Witness liable to action, when
RSMo 491.140
Attendance, how enforced
RSMo 491.150
Summons of witnesses
RSMo 491.090
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.