Subpoena and Document Production

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the format of a summons or subpoena?

A verbal instruction from the court

A formal letter with the court's seal

A faxed document with the court's logo

A written command in the form of a subpoena (correct)

Who can issue a subpoena?

The witness being summoned

The clerk of the court or a notary public (correct)

The judge presiding over the case

The party requesting the subpoena

What information must a subpoena include?

The court's authority to quash the subpoena

The name and address of the witness

The reason for the witness's testimony

The names, addresses, and telephone numbers of the attorneys (correct)

What can the court order a witness to do?

Appear in court from time to time until the case is disposed of Signup and view all the answers

Who can fill in a subpoena?

The party requesting the subpoena Signup and view all the answers

What is the purpose of a subpoena for property?

To request the production of objects and documentary evidence Signup and view all the answers

What can a court do if a subpoena is unreasonable and oppressive?

Quash the subpoena promptly or condition denial of the motion upon the advancement of reasonable costs Signup and view all the answers

Who can serve a subpoena in the state of Missouri?

The sheriff, coroner, marshal, or any constable in the county Signup and view all the answers

How is a subpoena served?

By reading the subpoena or delivering a copy to the person to be summoned Signup and view all the answers

What must be stated in the return of a subpoena in civil cases?

The manner of service and the distance from the place of trial Signup and view all the answers

How can a person who fails to attend court be compelled to appear?

By issuing a writ of attachment against their body Signup and view all the answers

What is the penalty for a party who refuses to attend and testify after being lawfully summoned?

They will be punished for contempt and their petition will be rejected Signup and view all the answers

What is the penalty for a person who attends court but refuses to testify?

They will be imprisoned until they give evidence Signup and view all the answers

What is the purpose of a writ of attachment?

To compel a person to appear in court Signup and view all the answers

Who can verify a return of service by affidavit?

The sheriff of the county where the service was made Signup and view all the answers

What happens if a witness refuses to hear a subpoena being read or to receive a copy thereof?

The offer of the officer or other person to read the subpoena or to deliver a copy thereof is a sufficient service of such subpoena Signup and view all the answers

What must be included in the plaintiff's affidavit when claiming possession of specific personal property?

Description of the property and its value, among other details Signup and view all the answers

In landlord-tenant actions, what is the minimum time required before the return date for serving a summons?

5 days Signup and view all the answers

What can the court do if the defendant does not respond to the summons in a landlord-tenant action?

Proceed to hear the case Signup and view all the answers

How can a writ of scire facias be served?

By delivering a certified copy to the person or leaving it with a family member over 15 years old Signup and view all the answers

What is the purpose of a writ of scire facias?

To require a person to show cause why a bond or recognizance should not be forfeited Signup and view all the answers

What is considered interference with legal process?

Interfering with or obstructing someone serving legal process Signup and view all the answers

What may be used to compel a person to appear in court if they fail to attend as required by a civil process?

A writ of attachment Signup and view all the answers

Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?

Chapter 506 Signup and view all the answers

How many days before a hearing must notice of the hearing be served to a party?

Five days Signup and view all the answers

When must opposing affidavits be served before a scheduled hearing?

One day before the hearing Signup and view all the answers

How must the summons and petition be served?

Together Signup and view all the answers

How can a domestic or foreign corporation be served?

By delivering a copy to an officer, partner, or managing agent Signup and view all the answers

What is the procedure for service by mail?

By first-class mail, postage prepaid, with a notice and acknowledgment Signup and view all the answers

Where can all civil process be served?

Anywhere in the state Signup and view all the answers

What happens if no acknowledgment of service is received within thirty days after mailing?

Service is deemed incomplete and must be repeated Signup and view all the answers

Who is responsible for forwarding civil process to the sheriff of any county for service?

The clerk of the county of jurisdiction Signup and view all the answers

What is required of an officer to whom a writ of process is directed and delivered for service?

To make a written return of the time, place, and manner of service Signup and view all the answers

What is required of a person, other than an officer, who is directed to serve a writ of process?

To make an affidavit as to the time, place, and manner of service Signup and view all the answers

How is service by mail proved?

By a certificate of the clerk and the return registered mail receipt Signup and view all the answers

What is the purpose of a general execution?

To command the sheriff to seize the goods and chattels of the defendant Signup and view all the answers

Who may prosecute a writ of habeas corpus?

Every person committed, detained, confined, or restrained of their liberty, except when they cannot be discharged or bailed Signup and view all the answers

How may a writ of habeas corpus be served?

By both delivering the writ to the officer or person to whom it is directed and leaving it at the jail or other place in which the prisoner is confined Signup and view all the answers

What is the legal action used to recover specific personal property in a civil action?

An action to recover specific personal property Signup and view all the answers

What is the purpose of a return of service?

To show the time, place, and manner of service of a writ Signup and view all the answers

What is the effect of a general execution?

It commands the sheriff to seize the goods and chattels of the defendant Signup and view all the answers

What is required to be filed with the affidavit when service is by publication?

A copy of the notice Signup and view all the answers

Study Notes

Summons and Subpoena Requirements

A summons must be in the form of a subpoena, stating the name of the court, title of the action, names and addresses of attorneys for respective parties, and commanding the person to attend and give testimony
The clerk of the court or a notary public shall issue the subpoena, which may be filled in by the requesting party before service
The court may order the witness to appear at specified times until the case is disposed of or they are excused

Service of Subpoenas

Subpoenas may be served by a sheriff, coroner, marshal, constable, or any disinterested person who would be a competent witness
The person serving the subpoena must read it to the person being summoned or deliver a copy to them
If the person refuses to hear the subpoena read or receive a copy, the offer to read or deliver the subpoena constitutes service

Enforcing Attendance

A person who fails to attend after being summoned may be compelled to appear by a writ of attachment against their person
The writ of attachment may be served in any county in the state, and the sheriff may serve it in any adjoining county

Penalties for Non-Compliance

A party who refuses to attend and testify may have their petition, answer, or reply rejected or motion overruled
A person who refuses to give evidence may be committed to prison until they comply

Writ of Attachment

A writ of attachment is used to compel a person to appear in court after failing to attend after being lawfully summoned
It is executed in the same manner as a warrant in a criminal case

Civil Procedure

Chapter 506 of the Missouri Revised Statutes, known as the "Civil Code of Missouri", governs procedures for all civil suits and proceedings
Written motions, excluding ex parte motions, require five days' notice before the hearing
Affidavits in support of motions must be served with the motion, and opposing affidavits must be served at least one day before the hearing

Service of Process

The summons and petition must be served together
Service may be made on an individual by delivering a copy to them personally or leaving a copy at their dwelling house or usual place of abode
Service on a corporation, partnership, or association is made by delivering a copy to an officer, partner, or managing agent

Territorial Limits

All civil process may be served anywhere in the state
The clerk of the county of jurisdiction shall forward the process to the sheriff of any county for service

Return of Service

A law enforcement officer must make a written return of service, signing their name to the return
A private person must make an affidavit as to the time, place, and manner of service

Execution of Judgment

An execution is a fieri facias against the goods, chattels, and real estate of the judgment debtor
The execution shall command the sheriff to make the debt, damages, and costs from the goods, chattels, and real estate of the judgment debtor

Writ of Habeas Corpus

A person detained or restrained of their liberty may prosecute a writ of habeas corpus to inquire into the cause of their confinement
The writ may be served by delivering it to the officer or person to whom it is directed, or by leaving it at the jail or other place of confinement

Recovery of Personal Property

A plaintiff may file an affidavit claiming possession of specific personal property, showing that they are the owner, that it is wrongfully detained by the defendant, and that they are in danger of losing the property
The court may grant an order for possession of the property

Landlord-Tenant Actions

Service of summons in landlord-tenant actions must be made at least five days before the return date
Alternative methods of service include securely affixing a copy of the summons to a conspicuous place on the dwelling, and mailing a copy to the defendant's last known address

Writ of Scire Facias

A writ of scire facias may be issued to enforce the conditions of a bail bond or recognizance
It may be served by delivering a certified copy to the person named, or by leaving a certified copy at their usual place of abode with a family member over 15 years old

Interference with Legal Process

Interference with legal process is a criminal offense, punishable by law
It involves interfering with a person authorized to serve process, with the purpose of preventing them from effecting service.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz will test your knowledge of subpoena compliance, document production, and court procedures. Learn about the rules and regulations surrounding subpoenas and when a court may quash a subpoena.