Subpoenas

PURPOSE: This rule sets out the manner in which subpoenas may be obtained. (1) The commissioner shall have the authority to issue subpoenas and subpoenas duces tecum. (A) Subpoenas other than subpoenas duces tecum shall be issued upon the request of any party, provided the requesting party provide the following information: 1. Caption and number of the case; 2. Name of witness being subpoenaed; and 3. Date for appearance. (B) Subpoenas duces tecum may be issued by the commissioner when s/he determines the circumstances are proper. Any party requesting a subpoena duces tecum must submit the information required by subsection (1)(A) and a list of documents requested for the commissioner’s consideration. (2) Subpoenas shall extend to all parts of the state and be served and returned as in civil actions in the circuit court. (3) Witnesses shall be entitled to the same fees and travel and attendance fees if compelled to travel more than forty (40) miles from home, as provided for civil actions in the circuit court. (4) Fees for service and witness and travel fees are to be paid by the party requesting the subpoena. (5) The commissioner shall apply to the circuit court for enforcement of subpoenas pursuant to sections 409.6-602 and 536.077, RSMo, except those issued under the provisions of section 409.820, RSMo. Subpoenas issued under the provisions of section 409.820, RSMo are governed by these provisions. AUTHORITY: sections 409.6-602, 409.6605, and 409.820, RSMo 2016.* Original rule filed Aug. 11, 1978, effective Feb. 11, 1979. Amended: Filed Aug. 22, 1986, effective Jan. 30, 1987. Emergency amendment filed Aug. 29, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. Amended: Filed July 19, 2019, effective Jan. 30, 2020. *Original authority: 409.6-602, RSMo 2003; 409.6-605, RSMo 2003; and 409.820, RSMo 1985.