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Questions and Answers
What is the format of a summons or subpoena?
What is the format of a summons or subpoena?
Who can issue a subpoena?
Who can issue a subpoena?
What information must a subpoena include?
What information must a subpoena include?
What can the court order a witness to do?
What can the court order a witness to do?
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Who can fill in a subpoena?
Who can fill in a subpoena?
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What is the purpose of a subpoena for property?
What is the purpose of a subpoena for property?
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What can a court do if a subpoena is unreasonable and oppressive?
What can a court do if a subpoena is unreasonable and oppressive?
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Who can serve a subpoena in the state of Missouri?
Who can serve a subpoena in the state of Missouri?
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How is a subpoena served?
How is a subpoena served?
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What must be stated in the return of a subpoena in civil cases?
What must be stated in the return of a subpoena in civil cases?
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How can a person who fails to attend court be compelled to appear?
How can a person who fails to attend court be compelled to appear?
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What is the penalty for a party who refuses to attend and testify after being lawfully summoned?
What is the penalty for a party who refuses to attend and testify after being lawfully summoned?
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What is the penalty for a person who attends court but refuses to testify?
What is the penalty for a person who attends court but refuses to testify?
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What is the purpose of a writ of attachment?
What is the purpose of a writ of attachment?
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Who can verify a return of service by affidavit?
Who can verify a return of service by affidavit?
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What happens if a witness refuses to hear a subpoena being read or to receive a copy thereof?
What happens if a witness refuses to hear a subpoena being read or to receive a copy thereof?
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What must be included in the plaintiff's affidavit when claiming possession of specific personal property?
What must be included in the plaintiff's affidavit when claiming possession of specific personal property?
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In landlord-tenant actions, what is the minimum time required before the return date for serving a summons?
In landlord-tenant actions, what is the minimum time required before the return date for serving a summons?
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What can the court do if the defendant does not respond to the summons in a landlord-tenant action?
What can the court do if the defendant does not respond to the summons in a landlord-tenant action?
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How can a writ of scire facias be served?
How can a writ of scire facias be served?
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What is the purpose of a writ of scire facias?
What is the purpose of a writ of scire facias?
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What is considered interference with legal process?
What is considered interference with legal process?
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What may be used to compel a person to appear in court if they fail to attend as required by a civil process?
What may be used to compel a person to appear in court if they fail to attend as required by a civil process?
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Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
Which chapter of the Missouri Statutes governs the procedures for all suits and proceedings of a civil nature?
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How many days before a hearing must notice of the hearing be served to a party?
How many days before a hearing must notice of the hearing be served to a party?
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When must opposing affidavits be served before a scheduled hearing?
When must opposing affidavits be served before a scheduled hearing?
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How must the summons and petition be served?
How must the summons and petition be served?
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How can a domestic or foreign corporation be served?
How can a domestic or foreign corporation be served?
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What is the procedure for service by mail?
What is the procedure for service by mail?
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Where can all civil process be served?
Where can all civil process be served?
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What happens if no acknowledgment of service is received within thirty days after mailing?
What happens if no acknowledgment of service is received within thirty days after mailing?
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Who is responsible for forwarding civil process to the sheriff of any county for service?
Who is responsible for forwarding civil process to the sheriff of any county for service?
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What is required of an officer to whom a writ of process is directed and delivered for service?
What is required of an officer to whom a writ of process is directed and delivered for service?
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What is required of a person, other than an officer, who is directed to serve a writ of process?
What is required of a person, other than an officer, who is directed to serve a writ of process?
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How is service by mail proved?
How is service by mail proved?
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What is the purpose of a general execution?
What is the purpose of a general execution?
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Who may prosecute a writ of habeas corpus?
Who may prosecute a writ of habeas corpus?
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How may a writ of habeas corpus be served?
How may a writ of habeas corpus be served?
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What is the legal action used to recover specific personal property in a civil action?
What is the legal action used to recover specific personal property in a civil action?
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What is the purpose of a return of service?
What is the purpose of a return of service?
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What is the effect of a general execution?
What is the effect of a general execution?
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What is required to be filed with the affidavit when service is by publication?
What is required to be filed with the affidavit when service is by publication?
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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.
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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.