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Mo. R. Juv. P. 114.04

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Rule 114.04 Witness - Subpoena

Service of Process and Subpoena

← Previous Rule 114.03: Waiver of Service by Parent, Guardian or Custodian Next → Rule 114.05: Service and Filing of Other Pleadings, Motions and Notices

Rule Text

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.

Amendment history: (Adopted May 20, 2009, eff. Jan. 1, 2010.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you're involved in a juvenile or family court case, you have the right to make witnesses show up in court if you need them to testify. This is called "compulsory process," which just means the court can force someone to appear instead of relying on them to come voluntarily.

To use this right, you simply ask the court clerk for a subpoena. The clerk will then prepare the document, which will list the exact date, time, and location where the witness needs to show up. Once the subpoena is issued, the witness is legally required to attend.

This rule matters because it gives both sides in a case a fair chance to present their evidence. If someone has information that could help your case, you don't have to hope they show up on their own. You can get a subpoena to make sure they're there.

Committee Notes

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.]

← Previous Rule 114.03: Waiver of Service by Parent, Guardian or Custodian Next → Rule 114.05: Service and Filing of Other Pleadings, Motions and Notices