Section 491.100

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 1985   

  491.100.  Summons, form — how issued — subpoena for property, court's authority to quash, when exercised. — 1.  Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys for the respective parties and identifying the attorney or party requesting the attendance of the witness and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified or shall otherwise advise the witness of the name and telephone number of a person who can direct the witness of the time and place his appearance is required.  The clerk of the court wherein the matter is pending, or the notary public of the county wherein such trial shall be had, shall issue a subpoena, or a subpoena for the production of objects and documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.

  2.  The court may, on application of the party causing the subpoena to be issued, order that the witness shall appear, from time to time until the case is disposed of or he is otherwise excused by the court.

  3.  Where a subpoena commands the person to whom it is directed to produce the objects, books, papers, or documents designated therein, the court upon motion may, promptly, and in any event at or before the time specified in the subpoena for compliance therewith, quash the subpoena if it is unreasonable and oppressive or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the objects, books, papers, or documents.

­­--------

(RSMo 1939 § 1898, A.L. 1947 V. II p. 237, A.L. 1985 S.B. 5, et al.)

Prior revisions: 1929 § 1734; 1919 § 5421; 1909 § 6365

(1975) Report of assistant manager made within a few minutes after accident was not subject to discovery procedures since it was made for use of defendant's attorney and was part of the privileged communication between client and counsel. Lindberg v. Safeway Stores Inc. (A.), 525 S.W.2d 571.