536.077. Subpoenas, issuance--form--how served--how enforced. - Missouri Statutes

Subpoenas, issuance--form--how served--how enforced.

536.077. In any contested case before an agency created by theconstitution or state statute, such agency shall upon request of any partyissue subpoenas and shall in a proper case issue subpoenas duces tecum.Subpoenas other than subpoenas duces tecum shall on request of any party beissued with the caption and number of the case, the name of the witness,and the date for appearance in blank, but such caption, number, name anddate shall be filled in by such party before service. Subpoenas shallextend to all parts of the state, and shall be served and returned as incivil actions in the circuit court. The witness shall be entitled to thesame fees and, if compelled to travel more than forty miles from his placeof residence, shall be entitled to the same tender of fees for travel andattendance, and at the same time, as is now or may hereafter be providedfor witnesses in civil actions in the circuit court, such fees to be paidby the party or agency subpoenaing him, except where the payment of suchfees is otherwise provided for by law. The agency or the party at whoserequest the subpoena is issued shall enforce subpoenas by applying to ajudge of the circuit court of the county of the hearing or of any countywhere the witness resides or may be found for an order upon any witness whoshall fail to obey a subpoena to show cause why such subpoena should not beenforced, which said order and a copy of the application therefor shall beserved upon the witness in the same manner as a summons in a civil action,and if the said circuit court shall, after a hearing, determine that thesubpoena should be sustained and enforced, said court shall proceed toenforce said subpoena in the same manner as though said subpoena had beenissued in a civil case in the circuit court. The court shall permit theagency and any party to intervene in the enforcement action. Any suchagency may delegate to any member, officer, or employee thereof the powerto issue subpoenas in contested cases; provided that, except whereotherwise authorized by law, subpoenas duces tecum shall be issued only byorder of the agency or a member thereof.

(L. 1957 p. 748 § 536.070, A.L. 2003 H.B. 141 merged with H.B. 613)