Homepage Blank Missouri Subpoena Form

Detailed Steps for Filling Out Missouri Subpoena

After obtaining the Missouri Subpoena form, follow these steps to complete it accurately. Ensure all information is filled out clearly to avoid any delays or issues.

  1. At the top of the form, fill in the Judge or Division and Case Number.
  2. List the Plaintiff/Petitioner and Defendant/Respondent names in the designated sections.
  3. Provide the names and contact information of the Plaintiff’s/Petitioner’s Attorney and the Defendant’s/Respondent’s Attorney.
  4. In the section for the person subpoenaed, write the full name of the individual being subpoenaed.
  5. Contact the individual named to provide them with the name and telephone number of the person they should contact for details on their appearance.
  6. Specify the date and time the person must appear in court.
  7. Indicate who they will be testifying on behalf of in the designated area.
  8. If applicable, list any documents or materials the person must bring.
  9. Make sure to sign and date the form at the bottom.
  10. If you are the one serving the subpoena, complete the return/affidavit section with the relevant details about service.

Once the form is filled out, it must be submitted to the court clerk. Ensure it is returned promptly after the individual has testified or been dismissed. This will help maintain compliance with court procedures.

Misconceptions

Misconceptions about the Missouri Subpoena form can lead to confusion and missteps in legal proceedings. Here are four common misconceptions:

  • 1. A subpoena is optional for witnesses. Many believe that receiving a subpoena is merely a suggestion. In reality, a subpoena is a legal command to appear in court or provide documents. Ignoring it can result in serious consequences, including contempt of court.
  • 2. The subpoena does not require a response. Some individuals think they can simply disregard the subpoena without any repercussions. However, it is essential to respond appropriately, either by appearing as directed or contacting the issuing party if there are concerns or conflicts.
  • 3. Only attorneys can issue subpoenas. There is a misconception that only lawyers have the authority to issue subpoenas. In Missouri, certain parties, including self-represented individuals, can also request subpoenas, provided they follow the proper procedures.
  • 4. The subpoena is valid indefinitely. Many people assume that once a subpoena is issued, it remains valid forever. However, the subpoena is only effective until the trial concludes or the court discharges the witness. It is crucial to understand the time limitations associated with a subpoena.

Understanding these misconceptions can help individuals navigate the legal process more effectively and ensure compliance with court requirements.

Dos and Don'ts

When filling out the Missouri Subpoena form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of five dos and don’ts to consider:

  • Do provide complete and accurate information for all required fields, including names, addresses, and case numbers.
  • Do ensure that the date and time for the appearance are clearly stated to avoid confusion.
  • Do attach a list of all attorneys involved in the case if depositions are requested.
  • Don't leave any sections blank; incomplete forms may lead to delays or legal complications.
  • Don't forget to bring a copy of the subpoena to court; it is necessary for your appearance.

Similar forms

  • Summons: A summons notifies a person that they are required to appear in court. Like a subpoena, it compels attendance but is typically used to inform a defendant of a lawsuit against them.
  • Bill of Sale: The Georgia Bill of Sale is an essential legal document for validating a sale. For more information on how to create and use one properly, visit TopTemplates.info.
  • Notice to Appear: This document informs an individual of a scheduled court appearance. Similar to a subpoena, it requires a person's presence but may not involve testimony or document production.
  • Deposition Notice: A deposition notice informs a witness of the time and place they must testify under oath. It is similar to a subpoena in that it mandates attendance and testimony.
  • Request for Production of Documents: This document requests specific documents from a party in a case. Like a subpoena, it demands compliance but focuses solely on document submission rather than personal appearance.
  • Interrogatories: Interrogatories are written questions that one party sends to another, requiring written answers. They are similar to subpoenas in that they compel responses but do not require physical presence.
  • Notice of Deposition: This document informs a party that their deposition will be taken. It is akin to a subpoena in that it requires the individual to be present for questioning.
  • Trial Subpoena: A trial subpoena is issued for a witness to appear in court during a trial. It is similar to the Missouri subpoena in that it mandates attendance for testimony.
  • Subpoena Duces Tecum: This type of subpoena specifically requires a person to produce documents or evidence. Like the Missouri subpoena, it compels compliance with the court's request for information.

Document Information

Fact Name Details
Governing Laws The Missouri Subpoena form is governed by sections 491.100 and 491.130 of the Revised Statutes of Missouri (RSMo), as well as Supreme Court Rules (SCR) 57.09 and 58.02.
Court Jurisdiction This form is used in the 29th Judicial Circuit Court located in Jasper County, Missouri.
Purpose The subpoena commands a person to appear in court, produce documents, or give depositions.
Contact Information The person subpoenaed must contact a designated individual for details about the time and place of their appearance.
Service of Subpoena Service can be done by delivering a copy of the subpoena or reading it to the person subpoenaed.
Legal Fees The subpoena requires the tendering of legal fees for travel expenses as per section 491.130, RSMo.
Retention Period The subpoena remains in effect until the trial concludes or the court discharges the witness.
Witness Claim A witness must complete a claim form detailing days served and mileage traveled to the courthouse.