Missouri Subpoena
Missouri lets a notary public of the county where the trial will be held issue a trial subpoena, in blank, exactly as the clerk does. The witness fee is $25 a day plus a cross-referenced mileage allowance. Attorney review available.
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Introduction
You may not need a trip to the courthouse to get a Missouri trial subpoena. Mo. Rev. Stat. Section 491.090.1 says that where witnesses are required to attend a trial in a court of record, the summons shall be issued by the clerk of the court where the matter is pending, or by some notary public of the county where the trial will be had, and Section 491.100.1 lets either of them hand a requesting party a subpoena, or a subpoena for the production of objects and documentary evidence, signed and sealed but otherwise in blank, for that party to fill in before service. That notary route is rare among the states and it is the practical starting point in Missouri. The money side is split across two statutes. Section 491.280.1 allows a witness twenty-five dollars per day plus a mileage allowance determined as provided in Section 33.095, and Section 33.095 computes that allowance at ten cents per mile unless a higher rate is specifically authorized by statute or by order of the commissioner of administration, so the floor is in the statute and the operative figure can sit above it. Records demands run on their own clock: Mo. R. Civ. P. 58.02(b) requires a subpoena to a non-party for documents to be served not fewer than 10 days before the compliance time, and Rule 58.02(c) makes you give a copy to every party as if it were a pleading. DocDraft drafts your Missouri subpoena from your own facts, with attorney review available before you serve it.
Key Things to Know
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A Missouri subpoena is a summons in the form of a subpoena, issued in a pending case in a court of record, commanding a named person to attend and give testimony and, where asked, to produce designated objects, books, papers or documents.
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In Missouri the clerk of the court where the matter is pending is not the only issuer. A notary public of the county where the trial will be had may also issue the summons (Mo. Rev. Stat. Sections 491.090.1 and 491.100.1).
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A Missouri witness is allowed twenty-five dollars per day for their services, plus a mileage allowance determined as provided in Section 33.095 (Mo. Rev. Stat. Section 491.280.1).
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Section 33.095 computes that mileage allowance at ten cents per mile unless a higher rate is specifically authorized by statute or by order of the commissioner of administration, so confirm the current allowance with the circuit clerk before you serve.
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A subpoena to a non-party for the production of documents and things must be served not fewer than 10 days before the time specified for compliance, and a copy goes to every party as if it were a pleading (Mo. R. Civ. P. 58.02(b) and (c)).
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The Missouri subpoena must state the court and the title of the action, the names, addresses and telephone numbers of the attorneys for the respective parties, and identify the attorney or party requesting the witness (Mo. Rev. Stat. Section 491.100.1).
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A Missouri witness who fails to attend may be compelled by writ of attachment against the body, which may be served in any county in the state (Mo. Rev. Stat. Section 491.150).
Key decisions before you file
Before you file a Subpoena in Missouri, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Missouri Requirements for Subpoena
Witness Fee of Twenty-Five Dollars Per Day
Witnesses shall be allowed fees for their services in the amount of twenty-five dollars per day (Mo. Rev. Stat. Section 491.280.1). Each witness may be examined on oath by the court, or by the clerk when the court so orders, as to factors relevant to the proper amount of payment.
Mileage Allowance Determined Under Section 33.095
Section 491.280.1 adds a mileage allowance determined as provided in Section 33.095, which computes the allowance at ten cents per mile unless a higher rate is specifically authorized by statute or by order of the commissioner of administration. Treat ten cents as the floor and confirm the allowance in force with the circuit clerk.
Clerk or a Notary Public of the Trial County
For a trial in a court of record the summons is issued by the clerk of the court where the matter is pending, or by some notary public of the county where the trial will be had (Mo. Rev. Stat. Section 491.090.1). Either hands the requesting party a subpoena signed and sealed but otherwise in blank, to be filled in before service (Section 491.100.1).
Attorney Details Required on the Face
The summons must state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys for the respective parties, and identify the attorney or party requesting the witness, or else give the witness a contact who can direct them to the required time and place (Mo. Rev. Stat. Section 491.100.1).
Ten Days Before Compliance for a Non-Party
A subpoena to a non-party for the production of documents and things must be served not fewer than 10 days before the time specified for compliance, and the serving party must provide a copy to every party as if it were a pleading (Mo. R. Civ. P. 58.02(b) and (c)).
Ten-Day Objection Window and Records Affidavit
A non-party may serve a written objection stating specific reasons for quashing or modifying, on all parties, within 10 days after service or before the compliance time, whichever is earlier, and a timely specific objection blocks inspection absent a court order (Mo. R. Civ. P. 58.02(e)). On request of any party the non-party must produce a business records affidavit of the custodian (Rule 58.02(d)).
Attendance From Term to Term
A Missouri witness must attend the trial from time to time, and from term to term, until the case is disposed of or the witness is finally discharged by the court, and costs are not allowed for any subsequent recognizance or subpoena for that witness (Mo. Rev. Stat. Section 491.090.2).
Writ of Attachment Against the Body
A person summoned in a cause pending in a court of record who fails to attend may be compelled by writ of attachment against the body to appear, and that writ may be served in any county in the state (Mo. Rev. Stat. Section 491.150). Failure without adequate excuse to obey a non-party document subpoena may be punished as contempt (Mo. R. Civ. P. 58.02(f)).