Mo. Code Regs. tit. 7 § 10-1.020
Current through Register Vol. 49, No.12, June 17, 2024
Section 7 CSR 10-1.020 - SubpoenasPURPOSE: This amendment allows those specifically authorized to issue subpoenas the option to compel the attendance of witnesses by video conference in addition to in person.
(1) A request for a subpoena as authorized by section 622.360, RSMo, requiring a person to appear in person or by video conference and give sworn testimony, or to appear in person or by video conference and produce documents, records, or other physical evidence, shall be, by signed writing, directed to either the director, chief engineer, chief financial officer, assistant chief engineer, director of motor carrier services, or director of multimodal operations. The signed, written request shall include the name and address of the witness to be served, propose a suitable time and place for the witness's appearance, and reasonably describe the documents, records, or other physical evidence to be produced. In the case of corporate entities, the request may name the corporation and its registered agent for service of process, and defer to the corporation the designation of an informed corporate officer or safety designee to appear to so testify or produce the particular documents, records, or other physical evidence to be produced.(2) Upon receipt of a request under section (1) of this rule, the director, chief engineer, chief financial officer, assistant chief engineer, director of motor carrier services, or director of multimodal operations may sign and issue a subpoena. A subpoena may be served by Missouri Department of Transportation (MoDOT) employees and such other persons authorized by law to serve process. Service shall be by personal service on the named witness or service on the registered agent of any named corporation. Within ten (10) days of service of a subpoena, a return of service shall be made to the individual that signed and issued the subpoena.(3) A subpoena may be enforced by application by the chief counsel to the circuit court of Cole County or any other county in this state where the named witness or corporation shall reside or be found. AUTHORITY: section 226.008, RSMo Supp. 2003.* Original rule filed Jan. 27, 2004, effective Aug. 30, 2004. Amended by Missouri Register June 15, 2017/Volume 42, Number 12, effective 7/31/2017Amended by Missouri Register December 15, 2022/Volume 47, Number 24, effective 1/29/2023*Original authority: 226.008, RSMo 2002.