1 CSR 50-2.060 - Subpoenas and Subpoenas Duces Tecum
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
536.077,
RSMo.
(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
commission.
(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
courts.
(5) Subpoenas and subpoenas
duces tecum shall be enforced as provided in section
536.077,
RSMo.
Notes
*Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999.
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