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The Missouri Subpoena form is an essential legal document used in the 29th Judicial Circuit Court, Jasper County, Missouri, to compel a person to appear in court or produce documents for a legal proceeding. This form includes critical information such as the case number, names of the parties involved, and contact details for attorneys representing both sides. It outlines the specific requirements for the person being subpoenaed, including the date, time, and location where they must appear. Additionally, it allows for the inclusion of any documents that need to be brought to court. The form also features a section for the return or affidavit, which certifies that the subpoena was served properly. This includes details about how and when the subpoena was delivered, as well as any legal fees tendered for travel expenses. It is crucial for the person subpoenaed to understand that their attendance is mandatory, and failure to comply may result in contempt of court. By following the instructions provided, individuals can navigate the legal process more effectively while ensuring they fulfill their obligations as witnesses.

Missouri Subpoena Preview

IN THE 29th JUDICIAL CIRCUIT COURT, JASPER COUNTY, MISSOURI

Judge or Division:

Case Number:

 

 

 

 

 

 

Plaintiff/Petitioner:

Person Subpoenaed:

 

Plaintiff’s/Petitioner’s Attorney:

 

 

 

 

 

Address:

 

Address:

vs.

 

 

Telephone:

 

 

 

 

Defendant/Respondent:

Requesting Party:

 

Defendant’s/Respondent’s Attorney:

 

Plt./Pet. Atty

Plt./Pet.

 

 

Def/Resp. Atty

Def./Resp.

 

 

Address: (Of Party Checked Above)

Address:

 

Telephone:

 

Telephone:

 

 

 

 

For depositions attach a list of all attorneys of record and self-represented parties. Include the name, address and telephone number.

Subpoena

(Date File Stamp)

Order to Appear/Produce Documents/Give Depositions

The State of Missouri to: ______________________________________________________________ (person

subpoenaed)

You are commanded:

to contact ___________________________________ (name) at _________________________ (telephone)

who will advise of time and place appearance is required. to appear at

______________________________________________________________________________________

on _______________________________________________ (date), at _______________________ (time).

to testify on behalf of: ____________________________________________________________________.

to give depositions.

to bring the following _____________________________________________________________________

______________________________________________________________________________________.

(Seal)

MELISSA HOLCOMB, CIRCUIT CLERK

________________________________

BY: ____________________________________

Date Issued

 

OSCA (08-13) CR190

1 of 2

491.100, 491.130 RSMo, SCR 57.09, 58.02

Return/Affidavit

I certify that I served this subpoena in __________________________________ (County/City of St. Louis),

Missouri, by:

delivering a copy to the person subpoenaed ________________________________ (date).

reading a copy to the person subpoenaed on _________________________________ (date).

I tendered legal fees for travel expenses per section 491.130, RSMo, in the amount of $ _______________.

Other: ________________________________________________________________________________.

Sheriff’s Fees (if applicable)

Summons

$

 

 

Non Est

$

 

 

Sheriff’s Deputy Salary Supplemental

 

 

 

Surcharge (Civil Cases Only-$10.00)

$

_______

 

Mileage

$

 

(______ miles @ $.______ per mile)

Total

$

 

 

_________________________________________

Person Serving Subpoena

Instructions

1.This subpoena will remain in effect until this trial is concluded or you are discharged by the Court. You must attend trial from time to time as directed. No additional Subpoena is required for your future appearance at any trial of this case. If you fail to appear, you may be held in contempt of court.

2.If you have any questions regarding this subpoena, contact the person who requested it listed on the front.

3.Bring this form with you to court. This form must be completed, signed, and returned to the clerk as soon as you have testified or been dismissed.

Witness Claim

I have served ________________________ day(s) as a witness and I traveled ___________________ mile(s)

round-trip from my home to the courthouse to attend this proceeding.

________________________________________________

Signature

 

________________________________________________

 

Current Address

 

________________________________________________

 

City, State, Zip

Subscribed and sworn to before me on _________________________________ (date).

Total Claimed $ _____________________

________________________________________________

 

Clerk

OSCA (08-13) CR190

2 of 2

491.100, 491.130 RSMo, SCR 57.09, 58.02

Dos and Don'ts

When filling out the Missouri Subpoena form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here’s a helpful list of what you should and shouldn’t do:

  • Do provide complete and accurate information for all required fields.
  • Do double-check the case number and names of all parties involved.
  • Do include the correct date and time for the appearance.
  • Do attach a list of all attorneys of record and self-represented parties if depositions are requested.
  • Don't leave any sections blank; every part of the form must be filled out.
  • Don't forget to sign the form before submitting it to the clerk.
  • Don't ignore the instructions regarding the return of the completed form after the testimony.

Key takeaways

When filling out and using the Missouri Subpoena form, there are several important points to keep in mind. Understanding these can help ensure the process runs smoothly and effectively.

  • Complete Information: Make sure to fill in all required fields, including the names of the parties involved, case number, and contact details. This information is crucial for proper identification and communication.
  • Contact Information: The subpoena requires you to provide the name and phone number of a person who can advise on the time and place of appearance. This ensures that the person subpoenaed knows where and when to show up.
  • Document Requirements: If documents need to be produced, clearly list them in the designated section of the form. This helps avoid confusion about what is expected during the appearance.
  • Compliance: The subpoena remains in effect until the trial concludes or the court discharges the witness. It’s important to attend as directed, as failing to appear can result in legal consequences.
  • Returning the Form: After testifying, the completed form must be returned to the clerk. This step is essential for record-keeping and verifying attendance.
  • Travel Fees: If applicable, be sure to account for any travel expenses incurred while attending the court. This includes mileage and other related fees, which can be claimed on the form.

By following these key takeaways, individuals can navigate the process of using the Missouri Subpoena form more effectively and ensure compliance with court requirements.

Misconceptions

  • Subpoenas are only for criminal cases. Many people think subpoenas apply only in criminal matters. In reality, they are used in both civil and criminal cases. A subpoena can compel a witness to appear in court or produce documents in any legal proceeding.
  • Receiving a subpoena means you are in trouble. Some individuals believe that being subpoenaed indicates they are facing legal issues. This is not necessarily true. A subpoena simply means you are needed as a witness or required to provide evidence.
  • You can ignore a subpoena if you don’t want to comply. Ignoring a subpoena is not an option. Failing to respond can lead to serious consequences, including being held in contempt of court. It is essential to take any subpoena seriously.
  • Subpoenas can be issued without any legal basis. There is a misconception that anyone can issue a subpoena at any time. In Missouri, subpoenas must be issued in the context of a legal case and must follow specific legal procedures.
  • You cannot challenge a subpoena. Some people think that once a subpoena is issued, they have no recourse. However, individuals can challenge a subpoena if they believe it is unreasonable or overly burdensome. Courts can review these challenges.
  • All subpoenas require you to appear in person. While many subpoenas do require personal appearance, some may allow for the submission of documents or testimony via written statements. It depends on the specifics of the case and the type of subpoena issued.
  • Subpoenas are only for witnesses. Many assume that subpoenas are only for individuals who will testify. In fact, they can also compel the production of documents or evidence from individuals or organizations, making them a crucial tool in gathering information.

Similar forms

  • Subpoena Duces Tecum: This document commands an individual to produce documents, records, or evidence for a legal proceeding. Similar to the Missouri Subpoena form, it specifies what materials must be brought and may include details about the time and place of appearance.
  • Summons: A summons notifies an individual that they are required to appear in court. Like the Missouri Subpoena form, it includes essential details such as the date, time, and location of the required appearance, ensuring the individual is informed of their legal obligations.
  • Bill of Sale: A Texas Bill of Sale, which can be found at topformsonline.com/texas-bill-of-sale/, serves a critical role similar to other legal documents by providing proof of ownership transfer in personal property transactions.
  • Notice to Appear: This document informs a person that they must appear in court for a specific case. It shares similarities with the Missouri Subpoena form in that it outlines the necessary information regarding the appearance and the consequences of failing to comply.
  • Request for Production of Documents: This legal request compels a party to provide certain documents or evidence relevant to a case. It parallels the Missouri Subpoena form by detailing what is needed and the timeline for submission, ensuring all parties have access to pertinent information.