PURPOSE: This rule sets out the manner in which subpoenas may be obtained.

1. (1) The secretary of state shall have the authority to issue subpoenas and subpoenas duces tecum.

   1. (A) Subpoenas other than subpoenas duces tecum shall be issued upon the request of any party, provided the requesting party provide the following information:

      1. 1. Caption and number of the case;
      2. 2. Name of witness being subpoenaed;

and

1. 3. Date of appearance.
2. (B) Subpoenas duces tecum shall be issued by the secretary of state when s/he determines the circumstances are proper.

1. (2) Subpoenas shall extend to all parts of the state and be served and returned as in civil actions in the circuit court.
2. (3) Witnesses shall be entitled to the same fees and travel and attendance fees, if compelled to travel more than forty (40) miles from home, as provided for civil actions in the circuit court.
3. (4) Fees for service and witness and travel fees are to be paid by the party requesting the subpoena.
4. (5) The secretary of state shall apply to the circuit court for enforcement of subpoenas pursuant to section 536.070, RSMo (1986).

AUTHORITY: section 486.385.2, RSMo 1986. Original rule filed Dec. 16, 1985, effective April 11, 1986.