Subpoenas

PURPOSE: The commission may issue subpoenas for the production of witnesses and records. This rule prescribes the procedures for requesting and issuing subpoenas. (1) A request for a subpoena or a subpoena duces tecum requiring a person to appear and testify at the taking of a deposition or at a hearing, or for production of documents or records shall be filed on the form provided by the commission and shall be directed to the secretary of the commission. A request for a subpoena duces tecum shall specify the particular document or record to be produced, and shall state the reasons why the production is believed to be material and relevant. (2) Except for a showing of good cause, a subpoena or subpoena duces tecum shall not be issued fewer than twenty (20) days before a hearing. (3) Objections to a subpoena or subpoena duces tecum or motions to quash a subpoena or subpoena duces tecum shall be made within ten (10) days from the date the subpoena or subpoena duces tecum is served. (4) Subpoenas or subpoenas duces tecum shall be signed and issued by the secretary of the commission, a commissioner or by a law judge pursuant to statutory delegation authority. The name and address of the witness shall be inserted in the original subpoena or subpoena duces tecum and a copy of the return shall be filed with the secretary of the commission. Subpoenas or subpoenas duces tecum shall show at whose instance the subpoena or subpoena duces tecum is issued. Blank subpoenas shall not be issued. (5) If there is a failure to comply with a subpoena or a subpoena duces tecum after objections or a motion to quash have been determined by the commission, the commission by its counsel or the party seeking enforcement may apply to a judge of the circuit court of the county in which—the hearing has been held, is being held, or is scheduled to be held, or where the witness resides or may be found—for an order enforcing the subpoena or subpoena duces tecum. AUTHORITY: section 386.410, RSMo Supp. 1998.* This rule originally filed as 4 CSR 240-2.100. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Nov. 7, 1984, effective June 15, 1985. Rescinded and readopted: Filed March 10, 1995, effective Nov. 30, 1995. Rescinded and readopted: Filed Aug. 24, 1999, effective April 30, 2000. Moved to 20 CSR 4240-2.100, effective Aug. 28, 2019. *Original authority: 386.410, RSMo 1939 amended 1947, 1977, 1996.