Subpoena and Document Production
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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?

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

    Who can fill in a subpoena?

    <p>The party requesting the subpoena</p> Signup and view all the answers

    What is the purpose of a subpoena for property?

    <p>To request the production of objects and documentary evidence</p> Signup and view all the answers

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

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

    Who can serve a subpoena in the state of Missouri?

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

    How is a subpoena served?

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

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

    <p>The manner of service and the distance from the place of trial</p> Signup and view all the answers

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

    <p>By issuing a writ of attachment against their body</p> Signup and view all the answers

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

    <p>They will be punished for contempt and their petition will be rejected</p> Signup and view all the answers

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

    <p>They will be imprisoned until they give evidence</p> Signup and view all the answers

    What is the purpose of a writ of attachment?

    <p>To compel a person to appear in court</p> Signup and view all the answers

    Who can verify a return of service by affidavit?

    <p>The sheriff of the county where the service was made</p> Signup and view all the answers

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

    <p>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</p> Signup and view all the answers

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

    <p>Description of the property and its value, among other details</p> Signup and view all the answers

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

    <p>5 days</p> 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?

    <p>Proceed to hear the case</p> Signup and view all the answers

    How can a writ of scire facias be served?

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

    What is the purpose of a writ of scire facias?

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

    What is considered interference with legal process?

    <p>Interfering with or obstructing someone serving legal process</p> 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?

    <p>A writ of attachment</p> Signup and view all the answers

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

    <p>Chapter 506</p> Signup and view all the answers

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

    <p>Five days</p> Signup and view all the answers

    When must opposing affidavits be served before a scheduled hearing?

    <p>One day before the hearing</p> Signup and view all the answers

    How must the summons and petition be served?

    <p>Together</p> Signup and view all the answers

    How can a domestic or foreign corporation be served?

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

    What is the procedure for service by mail?

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

    Where can all civil process be served?

    <p>Anywhere in the state</p> Signup and view all the answers

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

    <p>Service is deemed incomplete and must be repeated</p> Signup and view all the answers

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

    <p>The clerk of the county of jurisdiction</p> Signup and view all the answers

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

    <p>To make a written return of the time, place, and manner of service</p> 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?

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

    How is service by mail proved?

    <p>By a certificate of the clerk and the return registered mail receipt</p> Signup and view all the answers

    What is the purpose of a general execution?

    <p>To command the sheriff to seize the goods and chattels of the defendant</p> Signup and view all the answers

    Who may prosecute a writ of habeas corpus?

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

    How may a writ of habeas corpus be served?

    <p>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</p> Signup and view all the answers

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

    <p>An action to recover specific personal property</p> Signup and view all the answers

    What is the purpose of a return of service?

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

    What is the effect of a general execution?

    <p>It commands the sheriff to seize the goods and chattels of the defendant</p> Signup and view all the answers

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

    <p>A copy of the notice</p> 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 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.

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