The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Missouri

The party seeking the subpoena must comply with the following state statutes:

Missouri Rule of Civil Procedure:

Click here for Missouri Rule 57.08

Click here for Missouri Statute 492.100

Serving the subpoena:

Click here for Missouri Rule 57.09

Missouri Sample Subpoena:

Click here for Missouri Subpoena Form

Click here for Missouri Courts Main Forms Website

Required Steps:

There are two options in Missouri:

By Commission in foreign state

  1. As per Missouri statute 492.100, you may obtain a commission from the foreign state, as Missouri law requires that any person authorized by the commission be treated as having the same power as if authorized by a Missouri court. This rule is only applicable to deposition subpoenas and not those for the production of documents.

Ex Parte Application

  1. Submit an ex parte application to the circuit court in the county where the deponent is found.
  2.  The court can make an order directing issuance of a subpoena as provided in Rule 57.09.
  3.  The court will treat this subpoena as if the deposition were going to be used in Missouri.
  4. For specific costs or special requirements per county, select county link on this page.

Witness fees:

As per MO statute 491.280, witnesses shall be paid $25 per day and .10 per mile.

Notice time:

As per MO statute 57.03, a party desiring to take the deposition of any person upon oral examination shall give not less than seven days notice in writing to every other party to the action and to a non-party deponent.

Notice to adverse parties:

Seven days’ notice to adverse parties is required, as per 57.03.