PURPOSE: This rule describes the procedure for the
issuance of subpoenas and subpoenas duces tecum.
(1) The commission shall issue subpoenas upon
the request of any party. Subpoenas shall be processed in accordance with the
provisions of section
(2) The commission, in
appropriate circumstances, shall issue subpoenas duces tecum
upon the request of any party. Requests for issuance of a subpoena
duces tecum shall be in writing and shall include the name of
the person to be served; the date for his/her appearance; and the description
of books, papers, records or documents sought to be subpoenaed.
(3) Requests for the issuance of subpoenas
and subpoenas duces tecum shall be directed to the
(4) Where a subpoena or
a subpoena duces tecum is requested and issued at the instance
of any party to a hearing or other proceeding, the responsibility for service
and the cost of the subpoena, witness and mileage fees shall be borne by the
party at whose instance it has been requested and issued, unless otherwise
ordered by the commission for good cause shown. Witness and mileage fees shall
be paid in the same manner as paid in civil actions before the circuit
(5) Subpoenas and subpoenas
duces tecum shall be enforced as provided in section
1 CSR 50-2.060
105.955.14(7), RSMo 2000.* Original rule filed March 24, 1997, effective Sept.
30, 1997. Amended: Filed Sept. 4, 2007, effective Feb. 29, 2008.
*Original authority: 105.955, RSMo 1991, amended 1994,
1995, 1996, 1997, 1999.