Supreme Court Rules - Rule 114 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Service of Process and Subpoena: Witness

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	114.04
Subject:	Rule 114 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Service of Process and Subpoena	Publication / Adopted Date:	May 20, 2009
Topic:	Witness - Subpoena	Revised / Effective Date:	January 1, 2010

114.04 WITNESS - SUBPOENA
A party is entitled to compulsory process for any necessary witnesses, and upon request, the clerk shall issue a subpoena stating the date, time and place of appearance.
(Adopted May 20, 2009, eff. Jan. 1, 2010.)

Comment

This Rule 114.04 is broader in scope than section 211.101.4, RSMo, which provides: "Subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary."
This Rule 114.04 gives a party a right to subpoena witnesses that the party deems necessary without being first required to convince a judicial officer of the necessity of the witness’ presence at the hearing. The court may deal with any abuse of the power to request subpoenas in the same manner as in other civil and criminal cases.
[Adopted May 20, 2009, eff. Jan. 1, 2010.]