Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Witness/Subpoena

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	2.5
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	February 1992
Topic:	Witness/Subpoena	Revised / Effective Date:	February 2018

Municipal Clerk Manual
Courts with JIS
Chapter Two – Pre-Trial/Trial Procedures

2.5 – Witness/Subpoena

References
Statutes: 33.095, 56.085, 479.160, 488.012, 491.100, 491.110, 491.280, and 491.420, RSMo
Supreme Court Rules: 26.02 and 37.55
Court Operating Rules: N/A
Published: February 1992
Revised: February 2018

Introduction (Supreme Court Rule 37.55)

In preparing for trial, the prosecutor, the defendant, or the defendant's attorney may want to summon witnesses to testify.

A subpoena is the process served on a witness requiring appearance and testimony in a case. A subpoena duces tecum commands the person not only to appear but also to produce the books, papers, documents, or tangible things designated in the subpoena.

Issuance (Supreme Court Rule 37.55)

A subpoena shall be issued by the judge or the clerk of the court and must state the name of the court and the title of the proceedings, and command the person to attend and give testimony at the time and place specified, or provide the name and telephone number of a person who can direct the witness of the time and place of his appearance. A subpoena signed by the judge or clerk, but otherwise blank, may be issued to a party requesting it, who shall fill in the blanks before it is served. Any person who, without good cause, does not obey a subpoena, shall be subject to contempt of court proceedings. Subpoena Order to Appear/Produce Document/Give Depositions form is provided at the end of this section.

Service (Supreme Court Rule 37.55)

A subpoena may be served by any peace officer or by any person who is not a party and who is not less than eighteen (18) years old. A subpoena may be served any place in the state.

Witness fees and mileage do not need to be collected upon service of the subpoena. Service shall be by reading or delivering a copy to the person being summoned. The offer to read or deliver the subpoena to a person refusing to hear or receive the subpoena shall be sufficient service.

Once a witness is subpoenaed before the court, he shall appear from time to time as requested until the case is disposed or he is finally discharged by the court.

The Address Confidentiality Program allows a victim of domestic violence, rape, sexual assault or stalking to authorize the Secretary of State to designate an address for the receipt of first-class mail, legal documents, and certified mail. The court shall accept the address provided by the victim and process as the victim’s primary address, unless further indicated as confidential.

Return (Supreme Court Rule 37.55)

1. Every officer to whom a subpoena is delivered for service shall make a return in writing as to the time, place and manner of service and shall sign the return.

2. Service may be made by someone other than an officer, providing the person is not a party and is not less than eighteen years of age. If service is made by a person other than an officer, the person serving the subpoena shall make affidavit as to the time, place, and manner of service.

Fees (Sections 33.095, 479.160, 488.012, 491.280, and 491.420, RSMo)

1. Fees for witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges, and are to be taxed as other costs in the case. Section 491.280, RSMo, allows fees for witnesses as follows:

The rate for in-state witnesses is twenty-five dollars ($25.00) per day plus a mileage allowance at the state rate as provided in section

33.095

RSMo. The mileage rate is forty-three cents ($0.43)

The rate for out-of-state witnesses is fifteen dollars ($15.00) per day plus ten cents ($0.10) per mile.

Clerk's Duties/Procedures

Reminder: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Courts Accepting Paper Filings

1. If requested, prepare the subpoena form for service. Subpoena forms are included at the end of this section. See section 491.100, RSMo for required contents of a subpoena.

Note:

A subpoena shall be issued in blank to the person requesting it. It must contain the judge’s or clerk’s signature and seal of the court. The requesting person completes the form before service.

Service of Subpoena Not Requested

2. CDADOCT - Custom Docket Association Entry (See: Docketing Procedures in GOLD)

2.1 If the court is not requested to provide service, make a docket entry indicating the subpoena is requested:

Use docket code SRSUB - Subpoena Requested.

2.2 Forward a signed blank subpoena (with only the court seal) to the requesting party. The party, usually an attorney, will complete the subpoena and arrange for its service.

Service of Subpoena Requested

3. CDADOCT - Custom Docket Association Entry (See: Docketing Procedures in GOLD)

3.1

Use one or more of the following docket codes, as appropriate:

SRSUB - Subpoena Requested, to indicate subpoena was requested.

SPBP - Subpoena Prepared, to indicate the subpoena was prepared.

SISUB - Subpoena Issued, to indicate the subpoena was issued.

4. Forward the subpoena to the sheriff or other appropriate person for service on the witness.

Note:

Subpoenas may be served by an individual other than the sheriff. See Supreme Court Rule

26.02

and section

491.110

RSMo for which officials and individuals are permitted to serve a subpoena.

Subpoena Returned

5. CDADOCT - Custom Docket Association Entry (See: Docketing Procedures in GOLD)

5.1 Use one of the following docket codes:

SSSUB - Subpoena Served, to indicate successfully served.

SSSBN – Return Serv- Subpoena Non-Est, to indicate service was non-est.

SSSBW - Subpoena Withdrawn, to indicate subpoena withdrawn.

6. File/scan the court's copy of the subpoena in the case file when received and, if applicable, place the case file in a confidential area.

Witness Fees and Claims

7. CPAIDEN - Custom Identification (See: Person & Party Procedures in GOLD)

7.1

If the witness is not already in JIS, they will need to be added.

8. When the witness turns in a Witness Claim form, make sure it contains the witness’ signature, mailing address, the number of days attended and the number of miles traveled. Certify this information by dating and signing the Witness Claim form. See the Witness Claim section on page 2 of the Subpoena, Order to Appear/Produce Documents/Give Depositions form at the end of this section.

9. CDADOCT - Custom Docket Association Entry (See: Docketing Procedures in GOLD)

9.1 Use the following docket code:

FCLAM - Claims Filed, to indicate the witness claim form was received.

9.2 Enter into docket text any relevant details regarding the witness, as appropriate

10. CBAACCD - Custom Case/Party Account Detail (See: Daily Accounting Procedures in GOLD)

10.1 Enter the party ID of the Witness when assessing the witness fees as directed by the court. The witness fees are disbursed automatically at the same time other costs are disbursed in the case. See section

4.1, Municipal Court Costs

in this handbook.

11. File/scan the document in the case file.

Courts Accepting eFiled Documents

Note: Multiple submissions for a single case may be pending in the case import queue. If there are multiple subsequent (non-initiating) submissions to be processed for a single case, the message will read, “There are multiple records associated to this filing. Do you want to see all related records?” Respond either by choosing “Yes,” to display all filings or “No” to process only this filing.

Service of Subpoena Not Requested

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note: If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1

Verify the document was submitted on the correct case.

1.5.2

Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

2. If the document meets your local court standards, access CWACTRI by double clicking on the selected record or by clicking on Details in the navigation pane of CWICTCQ.

3. CWACTRI – Case Import (See Electronic Case Import: Case Import (CWACTRI) – Procedures: Accepting an eFiled Case in GOLD)

Note: A Save must be performed following each step below:

3.1 Verify and accept the following docket codes as appropriate:

SRSUB – Subpoena Requested

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

4. CWACTDE – Complete Submission (See Procedures: Electronic Case Import: Case Import Event in Gold)

4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to

CWACTDE

before your submission is successfully completed.

Note: Once case processing is completed, save and select the Red Door Icon to exit CWACTDE at which point the case number will pop up in a notification box stating the case has been accepted.

5. Forward a signed blank subpoena (with only the court seal) to the requesting party. The party, usually an attorney, will complete the subpoena and arrange for its service

Service of Subpoena Requested

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note: If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1

Verify the document was submitted on the correct case.

1.5.2

Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

3.1 Verify and accept the following docket codes as appropriate:

SRSUB – Subpoena Requested

SPBP – Subpoena Prepared, to indicate the subpoena was prepared

SISUB – Subpoena issued, to indicate the subpoena was issued.

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

4. CWACTDE – Complete Submission (See Procedures: Electronic Case Import: Case Import Event in Gold)

4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to

CWACTDE

before your submission is successfully completed.

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note: If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1 Verify the document was submitted on the correct case.

1.5.2 Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

3.1 Verify and accept the following docket codes as appropriate:

SRSUB – Subpoena Requested

SPBP – Subpoena Prepared, to indicate the subpoena was prepared

SISUB – Subpoena issued, to indicate the subpoena was issued.

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

4. CWACTDE – Complete Submission (See Procedures: Electronic Case Import: Case Import Event in Gold)

4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to

CWACTDE

before your submission is successfully completed.

Note: Once case processing is completed, save and select the Red Door Icon to exit CWACTDE at which point the case number will pop up in a notification box stating the case has been accepted.

5. Forward the subpoena to the sheriff or other appropriate person for service on the witness.

Note: Subpoenas may be served by an individual other than the sheriff. See Supreme Court Rule 26.02 and section 491.110, RSMo for which officials and individuals are permitted to serve a subpoena.

Subpoena Returned

Note: If service is made by a sheriff’s department registered for Agency/Group ID, the court may receive the service return through the eFiling system. If service is made by a sheriff’s department that is not registered for Agency/Group ID, the court will still receive the original paper return of service. If service is made by a special process server, the service return may be electronically filed to the court by the attorney of record.

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the return.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note:

If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1 Verify the service document was submitted on the correct case.

1.5.2 Verify the service document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

2. If the document meets your local court standards, access CWACTRI – Case Import by double clicking on the selected record or by clicking on Details in the navigation pane of CWICTCQ.

3. CWACTRI – Case Import (See Electronic Case Import: Case Import (CWACTRI) – Procedures: Accepting an eFiled Case in GOLD)

Note:

A Save must be performed following each step below:

3.1 Verify docket codes display, as appropriate:

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

3.4 Click on Accept Submission option in the navigation pane and proceed to

COADTRA

(Custom Service Document Tracking Maintenance

(See Procedures: Service Document; Tracking a Service Document in GOLD)

accessible thru the navigation pane.

(See instructions below in

PAPER FILING INSTRUCTIONS)

3.5 Access

CDADOCT

in the navigation pane.

3.6 Select the CSERV docket code associated to the document to be moved.

3.7 Click on the DMS Window Link in the navigation pane.

3.8 Click on the Document link to be moved and click the Move link button.

3.9 Select the correct service docket code to paste the moved document link.

3.10 Click the OK button to attach link to selected docket code.

Witness Fees and Claims

1. CPAIDEN - Custom Identification (See Person & Party Procedures in GOLD)

1.1

If the witness is not already in the system, they will need to be added.

2. When the witness turns in a Witness Claim form, make sure it contains the witness’ signature, the number of days attended and the number of miles traveled. Certify this information by dating and signing the Witness Claim form. See the Witness Claim section on page 2 of the Subpoena, Order to Appear/Produce Documents/Give Depositions form at the end of this section.

3. CDADOCT - Custom Docket Association Entry (See Docketing Procedures in GOLD)

3.1

Use the following docket code:

FCLAM - Claims Filed, to indicate the witness claim form was received.

3.2 Enter into docket text any relevant details regarding the witness, as appropriate.

4. CBAACCD - Custom Case/Party Account Detail (See Daily Accounting Procedures in GOLD)

4.1

Enter the party ID of the Witness when assessing the witness fees as directed by the court. The witness fees are disbursed automatically at the same time other costs are disbursed in the case.

See section

4.1, Municipal Court Costs

Forms

MU 95 Subpoena Order to Appear/Produce Documents/Give Depositions