Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 4240 - Public Service Commission
Chapter 2 - Practice and Procedure
Section 20 CSR 4240-2.100 - Subpoenas

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: The commission may issue subpoenas for the production of witnesses and records. This rule prescribes the procedures for requesting and issuing subpoenas.

(1) A request for a subpoena or a subpoena duces tecum requiring a person to appear and testify at the taking of a deposition or at a hearing, or for production of documents or records shall be filed on the form provided by the commission and shall be directed to the secretary of the commission. A request for a subpoena duces tecum shall specify the particular document or record to be produced, and shall state the reasons why the production is believed to be material and relevant.

(2) Except for a showing of good cause, a subpoena or subpoena duces tecum shall not be issued fewer than twenty (20) days before a hearing.

(3) Objections to a subpoena or subpoena duces tecum or motions to quash a subpoena or subpoena duces tecum shall be made within ten (10) days from the date the subpoena or subpoena duces tecum is served.

(4) Subpoenas or subpoenas duces tecum shall be signed and issued by the secretary of the commission, a commissioner or by a law judge pursuant to statutory delegation authority. The name and address of the witness shall be inserted in the original subpoena or subpoena duces tecum and a copy of the return shall be filed with the secretary of the commission. Subpoenas or subpoenas duces tecum shall show at whose instance the subpoena or subpoena duces tecum is issued. Blank subpoenas shall not be issued.

(5) If there is a failure to comply with a subpoena or a subpoena duces tecum after objections or a motion to quash have been determined by the commission, the commission by its counsel or the party seeking enforcement may apply to a judge of the circuit court of the county in which-the hearing has been held, is being held, or is scheduled to be held, or where the witness resides or may be found-for an order enforcing the subpoena or subpoena duces tecum.

*Original authority: 386.410, RSMo 1939 amended 1947, 1977, 1996.

Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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