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Muhammad, LLB, LLM.
Category: Legal
Satisfied Customers: 195
Experience:  LLB, LLM. 8 years of legal experience. Worked on very high profile cases, such as, Enron, Microsoft.
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what do I have to do to file a subpoena in missouri

Customer Question

I tried to file the form with the court but, they said since it had not been mailed that they couldn't file it.
When I tried to give it to the police, because I was trying to subpoena a police report - they said it was not signed by the court so it wasn't valid
Submitted: 9 years ago.
Category: Legal
Expert:  Muhammad replied 9 years ago.

Dear Sir/Madam,

When a party is asked to produce documents or books etc that subpoena is called Subpoenas duces tecum. You or your attorney can issue that subpoena.

Under the Missouri rule of civil procedure, For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

Service. A subpoena may be served by the sheriff, by a sheriff's deputy, or by any other person who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.

Therefore, get a subpoena and serve it on the police accordingly then file it with the court with the proof of service. If you serve the police according to the rule that I mentioned above, they can not refuse it and if they have any objections, they can notify you in writing or file a motion to quash in the court. However, most probable they will just produce the police report.

If you have additional questions about this matter, please feel free to contact me. Please dont forget to accept the answer, so I could get credit for my work. A bonus and positive feedback is always welcome.