Unlike many other states, Missouri has not adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). This means that domesticating an out-of-state subpoena in Missouri requires court involvement and the request must be submitted by an attorney licensed in Missouri.
Understanding Subpoena Domestication in Missouri
A subpoena issued in another state does not automatically carry legal authority in Missouri. Instead, the subpoena must be formally filed with a Missouri court, and approval must be obtained before it can be enforced.
Missouri Law on Subpoena Domestication
Under Missouri Supreme Court Rule 57.09, an out-of-state subpoena must be approved and issued by a Missouri court before it can be valid for service. This requires filing a formal request with the court through a Missouri-licensed attorney.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Missouri
1. Obtain a Valid Subpoena from the Issuing State
Before beginning the domestication process, ensure that the subpoena complies with the issuing state’s laws and includes all necessary details, such as the requested testimony, documents, or evidence.
2. Retain a Missouri-Licensed Attorney
Since Missouri is not a UIDDA state, only a Missouri-licensed attorney can file the subpoena in court. Served 123 LLC is commissioned to domesticate subpoenas in Missouri and can facilitate the entire process through our legal network.
3. File a Petition with the Missouri Circuit Court
The Missouri attorney will prepare and file a petition with the appropriate Missouri Circuit Court in the county where discovery is sought. The court will review the request and issue a Missouri subpoena if approved.
4. Ensure Compliance with Missouri’s Subpoena Requirements
The reissued Missouri subpoena must comply with:
Providing reasonable time for compliance (Mo. Sup. Ct. R. 57.09).
Avoiding undue burden or expense on the subpoenaed party.
Following Missouri discovery limitations and procedural rules.
5. Properly Serve the Subpoena
Missouri requires subpoenas to be served according to Missouri Rules of Civil Procedure Rule 54.13. Acceptable service methods include:
A licensed Missouri process server
The county sheriff
Any individual authorized under Mo. Sup. Ct. R. 54.13
Proper documentation of service is required to ensure the subpoena is legally enforceable.
6. Handling Objections and Motions to Quash
Under Missouri law, a recipient has the right to object or file a motion to quash if the subpoena is overly burdensome, lacks jurisdiction, or requests privileged information. If objections arise, the requesting party may need to file a motion to compel with the Missouri Circuit Court.
7. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the Missouri court. Non-compliance may result in legal penalties, including contempt of court.
Why Choose Served 123 LLC for Subpoena Domestication in Missouri?
Because Missouri is not a UIDDA state, the domestication process involves additional legal steps, including court approval and attorney involvement.
Served 123 LLC is commissioned to domesticate subpoenas in Missouri and can complete the process in-house, ensuring a smooth and efficient process. Our costs include:
The preparation of all necessary documents for a successful process (unless additional information is needed from you, which we will inform you of).
The filing fee to the state.
The delivery and retrieval of the subpoena from the court.
Prompt service of process.
Our expert team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Missouri. Contact us today to get started!
