PURPOSE: This rule establishes the methods to be used by a party to a proceeding before the commission to obtain discovery and subpoenas, and the commission’s authority to enforce such discovery and subpoenas.

1. (1) Requests for subpoenas shall be in writing, state the caption of the case and the party requesting the subpoena shall provide for service upon the witness no less than seven (7) days before the date of the deposition or hearing, unless extraordinary circumstances dictate a shorter time.
2. (2) In addition to section (1), a subpoena duces tecum specifically shall name the person to testify, state with particularity the exact records, documents or parts of documents to be produced and state the reasons the production of those documents is believed to be material and relevant to the proceedings.
3. (3) Subpoenas shall be signed and issued by a commissioner or by the secretary of the commission. Subpoenas duces tecum shall be issued by the commission or by a commissioner.
4. (4) The scope and service of all subpoenas and the recompense of witnesses shall be as provided by section 138.360, RSMo.
5. (5) Subpoenas of the commission shall be enforced as provided by section 536.077, RSMo.
6. (6) Parties may obtain all available discovery in the same manner as the Missouri Supreme Court rules provide for civil actions in circuit court. The commission may, by order, enforce discovery for cause shown by the same methods, terms and conditions as provided by the Missouri Supreme Court rule in civil actions in the circuit court, except as may otherwise be required by law.

7. (7) No party shall serve on any other party more than twenty (20) interrogatories in the aggregate without leave of the commission or hearing officer or consent of opposing counsel. Subparagraphs of any interrogatory shall relate directly to the subject matter of the interrogatory and shall not exceed two (2) in number. Any party desiring to serve additional interrogatories shall first communicate in writing with opposing counsel concerning the matter. If the parties do not reach an agreement as a result of such communication, a party may file a written motion setting forth the proposed additional interrogatories and the reasons establishing good cause for the additional interrogatories. A copy of the written communication to opposing counsel shall be attached to the motion.

   Auth: sections 138.360, 138.430, Appeals From Local Boards of Equalization

   536.073 and 536.077, RSMo (1994)* and Article X, section 14, Mo. Const. 1945. This rule was previously filed as 12 CSR 30-2.060 and 12 CSR 30- 2.065. Original rule filed Dec. 13, 1983, effective March 12, 1984. Amended: Filed Aug. 23, 1995, effective Jan 30, 1996.

   *Original authority: 138.360, RSMo (1939), amended 1945, 1949; 138.430, RSMo (1939), amended 1945, 1947, 1978, 1983, 1989; 536.073, RSMo (1957), amended 1985, 1989; and 536.077, RSMo (1957).