Can a subpoena be mailed in missouri
In Missouri, a subpoena can be served by mail, but there are specific requirements that must be followed. Here are the relevant rules:
- Missouri Rules of Civil Procedure: Rule 56.01 states that a subpoena may be served by mail, but only if the party to be served has consented to service by mail.
- Consent: The party to be served must sign a written consent form, which must be filed with the court. The consent form must specify the name and address of the party to be served, as well as the date and time of the deposition or other proceeding.
- Mailing requirements: The subpoena must be mailed to the party to be served at least 14 days before the date of the deposition or other proceeding. The subpoena must be sent by certified mail, return receipt requested, or by registered mail.
- Proof of service: The person serving the subpoena must file proof of service with the court. This can be done by filing the return receipt or a sworn statement from the person who served the subpoena.
- Exceptions: Service by mail is not allowed in certain situations, such as:
- When the party to be served is a minor or an incapacitated person.
- When the party to be served is a corporation or other business entity, and the subpoena is not served on an officer or authorized representative.
- When the party to be served is a government agency or official.
It's important to note that even if a subpoena is served by mail, the party to be served may still object to the subpoena or request a continuance. Therefore, it's a good idea to include a cover letter with the subpoena explaining the purpose of the deposition or other proceeding, and to provide contact information for the party serving the subpoena.