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MISSOURI STATUTES AND CODES

138.360. Issuance of subpoenas--fees--costs.

Issuance of subpoenas--fees--costs.

138.360. 1. The commission may subpoena witnesses. Allsubpoenas shall be signed and issued by a commissioner or by thesecretary of the commission, and shall extend to all parts of thestate, and may be served by any person authorized to serveprocess of courts of record or by any person of full agedesignated for that purpose by the commission or by acommissioner.

2. The person executing any such process shall receive thefees now prescribed by law for similar services in civil cases inthe circuit courts in this state, and shall be paid in the samemanner as provided herein for the payment of the fees of thewitnesses.

3. Each witness who shall appear before the commission or acommissioner by its or his order, shall receive for hisattendance the fees and mileage now provided for witnesses incivil cases in the circuit courts of this state, which shall beaudited and paid by the state in the same manner as otherexpenses of the commission are audited and paid, upon thepresentation of proper vouchers sworn to by such witnesses andapproved by the commission.

4. Whenever a subpoena is issued at the instance of acomplainant, respondent, or other party to any proceeding beforethe commission, the cost of service thereof and the fee of thewitness shall be borne by the party at whose instance the witnessis summoned.

5. Any witness subpoenaed except one whose fees and mileagemay be paid from the funds of the commission, may, at the time ofservice, demand the fee to which he is entitled for travel to andfrom the place at which he is required to appear, and one day'sattendance. If such witness demands such fees at the time ofservice, and they are not at that time paid or tendered, he shallnot be required to attend before the commission or commissioner,as directed in the subpoena. No witness furnished with freetransportation shall receive mileage for the distance he may havetraveled on such free transportation.

(RSMo 1939 § 11026, A.L. 1945 p. 1805 § 14, A. 1949 S.B. 1023)

Prior revisions: 1929 § 9853; 1919 § 12846

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