Missouri Notice of Intent to Serve Subpoena on Nonparty - Personal Injury

State:
Multi-State
Control #:
US-PI-0314
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
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FAQ

When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff's deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper.

A subpoena may be served by the sheriff or by any other person who is not a party and who is not less than eighteen years of age. Service of the subpoena shall be made by delivering a copy thereof to the person named. A subpoena may be served any place within the state.

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where 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 ...

SUMMONS UPON SERVICE BY MAIL (REGISTERED OR CERTIFIED) Service by registered or certified mail is permitted only under certain conditions set forth in Rule 54. The clerk should insert in the summons the names of only the Defendant or Defendants who are to be served by mail.

In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.

The court may: (1) Quash or modify the subpoena if it is unreasonable or oppressive, or (2) Require the party who issued and served the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.

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Missouri Notice of Intent to Serve Subpoena on Nonparty - Personal Injury