20 CSR 800-1.090 - Subpoenas

PURPOSE: This rule sets out the manner in which subpoenas may be obtained.

(1) The director shall have the authority to issue subpoenas and subpoenas duces tecum.

(A) Subpoenas other than subpoenas duces tecum shall be issued upon request of any party, provided the requesting party provides the following information:

1. Caption and number of the case;

2. Name of witness to whom the subpoena is directed;

3. Date and time for appearance; and

4. Place for appearance.

(B) Subpoenas duces tecum shall be issued by the director when the director determines the circumstances are proper.

(2) Subpoenas shall extend to all parts of the state and be served and returned as in civil actions in 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 circuit court.

(4) Fees for service and witness and travel fees are to be paid by the party requesting the subpoena.

(5) The director shall apply to the circuit court for enforcement of subpoenas pursuant to sections 374.210.2, and 536.077, RSMo.

(6) Upon motion made no less than two (2) days prior to the day specified in the subpoena for compliance or within a shorter time with leave of the director, the director may quash or modify the subpoena if it is unreasonable or oppressive.

Notes

20 CSR 800-1.090

AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008.

AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008.