491.100. Summons, form--how issued--subpoena for property, court's authority to quash, when exercised. - Missouri Statutes

Summons, form--how issued--subpoena for property, court's authority toquash, when exercised.

491.100. 1. Such summons shall be in the form of asubpoena, shall state the name of the court and the title of theaction, the names, addresses and telephone numbers of theattorneys for the respective parties and identifying the attorneyor party requesting the attendance of the witness and shallcommand each person to whom it is directed to attend and givetestimony at a time and place therein specified or shallotherwise advise the witness of the name and telephone number ofa person who can direct the witness of the time and place hisappearance is required. The clerk of the court wherein thematter is pending, or the notary public of the county whereinsuch trial shall be had, shall issue a subpoena, or a subpoenafor the production of objects and documentary evidence, signedand sealed but otherwise in blank, to a party requesting it, whoshall fill it in before service.

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

3. Where a subpoena commands the person to whom it isdirected to produce the objects, books, papers, or documentsdesignated therein, the court upon motion may, promptly, and inany event at or before the time specified in the subpoena forcompliance therewith, quash the subpoena if it is unreasonableand oppressive or condition denial of the motion upon theadvancement by the person in whose behalf the subpoena is issuedof 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.