386.440. Subpoenas, how issued--witness fees, how paid--subpoena service costs, how paid--certified copies of public records to be furnished to commission.

MISSOURI STATUTES AND CODES

386.440. Subpoenas, how issued--witness fees, how paid--subpoena service costs, how paid--certified copies of public records to be furnished to commission.

Subpoenas, how issued--witness fees, how paid--subpoena service costs,how paid--certified copies of public records to be furnished tocommission.

386.440. 1. All subpoenas shall be signed and issued by acommissioner or by the secretary of the commission, and shallextend to all parts of the state, and may be served by any personauthorized to serve process of courts of record or by any personof full age designated for that purpose by the commission or by acommissioner. The person executing any such process shallreceive the fees now prescribed by law for similar services incivil cases in the circuit courts in this state, and shall bepaid in the same manner as provided herein for the payment of thefees of the witnesses. Each witness who shall appear before thecommission or a commissioner by its or his order, shall receivefor his attendance the fees and mileage now provided forwitnesses in civil cases in the circuit courts of this state,which shall be audited and paid by the state in the same manneras other expenses of the commission are audited and paid, uponthe presentation of proper vouchers sworn to by such witnessesand approved by the commission.

2. Whenever a subpoena is issued at the instance of acomplainant, respondent, or other party, except the publiccounsel to any proceeding before the commission, the cost ofservice thereof and the fee of the witness shall be borne by theparty at whose instance the witness is summoned. Any witnesssubpoenaed except one whose fees and mileage may be paid from thefunds of the commission may, at the time of service, demand thefee to which he is entitled for travel to and from the place atwhich he is required to appear, and one day's attendance. Ifsuch witness demands such fees at the time of service, and theyare not at that time paid or tendered, he shall not be requiredto attend before the commission or commissioner, as directed inthe subpoena. No witness furnished with free transportationshall receive mileage for the distance he may have traveled onsuch free transportation.

3. It shall be the duty of every public officer, withoutexacting or receiving charge or fee of any kind, to furnish tothe commission, or the public counsel, upon application, acertified copy of any document or part thereof, on file in hisoffice, and no public officer shall be entitled to receive fromthe commission or the public counsel any fee for entering,filing, docketing or recording any document required orauthorized by law to be filed in his office.

4. Each witness who appears under subpoena before thecommission or a commissioner at the instance of the publiccounsel shall receive for his attendance the fees and mileage nowprovided for witnesses in civil cases in the circuit courts ofthis state, which shall be audited and paid by the state in thesame manner as other expenses of the public counsel are auditedand paid, upon the presentation of proper vouchers sworn to bysuch witnesses and approved by the public counsel.