491.120. Subpoenas, how served and returned. - Missouri Statutes

Subpoenas, how served and returned.

491.120. 1. The service of a subpoena to testify shall beby reading the same or delivering a copy thereof to the person tobe summoned; provided, that in all cases where the witness shallrefuse to hear such subpoena read or to receive a copy thereof,the offer of the officer or other person to read the same or todeliver a copy thereof, and such refusal, shall be a sufficientservice of such subpoena.

2. The return shall show the manner of service; and in civilcases, if the witness reside at a greater distance than fortymiles from the place of trial, it shall be so stated in thereturn, and also whether his legal fees have been tendered orpaid, and if served by an officer his return shall be conclusiveof the facts therein stated; if served by a private person, thereturn shall be verified by affidavit, which shall be received asevidence, and such affidavit may be made before the sheriff ofthe county where such service is made.

(RSMo 1939 § 1908)

Prior revisions: 1929 § 1744; 1919 § 5431; 1909 § 6375