Subpoenas and Subpoenas Duces Tecum

PURPOSE: This rule describes the procedure for the issuance of subpoenas and subpoenas duces tecum. (1) The commission, through the secretary to the commission, shall issue subpoenas upon the request of any party. Subpoenas shall be processed in accordance with the provisions of Chapter 536, RSMo. (2) The commission, in appropriate circumstances, shall issue subpoenas duces tecum upon the request of any party. Requests for issuance of a subpoena duces tecum shall be in writing and shall include the name of the person to be served; the date for his/her appearance; and a description of books, papers, records or documents sought to be subpoenaed. (3) Requests for the issuance of subpoenas and subpoenas duces tecum shall be directed to the presiding officer appointed for the case. (4) Fees. Where a subpoena or a subpoena duces tecum is requested and issued at the instance of any party to a hearing or other proceeding, the responsibility for service and the cost of the subpoena, witness and mileage fees shall be borne by the party at whose instance it has been requested and issued, unless otherwise ordered by the commission. Witness and mileage fees shall be paid in the same manner as paid in civil actions before the circuit courts. (5) Failure to Obey a Subpoena. Subpoenas and subpoenas duces tecum shall be enforced as provided in Chapter 536, RSMo. AUTHORITY: sections 213.030 and 213.075, RSMo (Cum. Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992 and 213.075, RSMo 1986, amended 1992.