Rule 37.55 - Process for Witnesses - Subpoena Duces Tecum - Service - Return- Failure to Appear - Hearing Continuance - ContemptThe prosecutor and the defendant shall be entitled to process for witnesses as follows:
(a) For Attendance of Witnesses; Form; Issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and sealed but otherwise in blank to a party requesting it, who shall fill in the blanks before it is served.
(b) For Production of Documentary Evidence and of Objects. A subpoena duces tecum may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein.(c) Modification of Subpoena. The court may quash or modify a subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents, or objects designated in a subpoena duces tecum be produced before the court at a time prior to the trial or prior to the time when they are offered in evidence. Upon their production the court may permit the books, papers, documents, or objects, or portions thereof to be inspected by the parties or their attorneys.
(d) Service Tender of Fees and Mileage Not Required. A subpoena may be served by any peace officer or by any other person who is not a party and who is not less than 18 years of age. A subpoena may be served any place within the state. Fees and mileage need not be tendered to the witness upon service of a subpoena.
The service of a subpoena shall be by reading the same or delivering a copy thereof to the person to be summoned. If the witness 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 sufficient service of such subpoena.
(e) Return.(1) Every officer to whom a subpoena is delivered for service shall make return thereof in writing as to the time, place, and manner of service of the subpoena, and shall sign the return.(2) If a person other than an officer makes service of the subpoena, he or she shall make affidavit as to the time, place, and manner of service.(f) Contempt. Any person who does not obey a subpoena without good cause shall be subject to contempt of court proceedings.(g) Continuing Obligation to Attend. Whenever a witness in a proceeding has been once subpoenaed or required to give bail to appear before the court, the witness shall attend from time to time until the case is disposed or the witness is finally discharged by the judge. The witness shall be liable to attachment and bail may be forfeited for failure to appear if the witness has received notice of the time and place to appear. If the trial is continued, the judge shall orally notify such witnesses present as either party requests to attend on the new date set for hearing to give testimony. The oral notice shall be valid as a summons. The names of the witnesses so notified shall be entered on the docket.
It shall be the sole responsibility of the respective parties or their attorneys to notify any witnesses not orally notified by the judge of the new date set for hearing, and court process shall be provided for such purpose when requested.
Mo. R. Ord. Viol. & Viol. Burea. 37.55
Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004.