Whenever the deposition of any person is to be taken in this state pursuant to the laws of another state or of the United States or of another country for use in proceedings there, the circuit court in the county where the deponent is found may, upon ex parte application, make an order directing issuance of a subpoena as provided in Rule 57.09, in aid of the taking of the deposition, and having due regard for the laws and rules of such foreign jurisdiction, may make such orders as could be made if the deposition were intended for use in this jurisdiction.
Rule 57.08.Depositions for Use in Foreign Jurisdictions.
Part I · Rule 57: Interrogatories and Depositions · Last amended January 1, 1975 · Last verified July 22, 2026
In one sentenceRule 57.08 lets a Missouri circuit court order a subpoena for a deposition taken in Missouri when the testimony is needed for a case pending in another state, in federal court, or in a foreign country.
Full Text of Rule 57.08
Amendment History
Adopted March 29, 1974, eff. Jan. 1, 1975.
Official Comment
The source is Kansas Statutes Annotated 60-228(d).
Plain-English Summary
Rule 57.08 fills a gap for litigants whose case is not pending in Missouri but who need testimony from someone who is in Missouri. On an ex parte application to the circuit court in the county where the deponent can be found, the court may order the issuance of a subpoena under Rule 57.09 to compel that deposition, and may enter the same kinds of orders it could enter if the deposition were intended for use in a Missouri case — while giving due regard to the laws and rules of the jurisdiction where the testimony will be used.
Once the subpoena issues, the deposition itself proceeds under Missouri’s ordinary deposition rules, the same notice, officer, recording, and objection procedures set out in Rules 57.03 through 57.10. Rule 57.08 does not create a separate deposition procedure; it exists to get a Missouri subpoena into a litigant’s hands so that Missouri’s courts can compel a Missouri witness to sit for a deposition destined for use somewhere else.
Frequently Asked Questions
When would I use Rule 57.08?
When a lawsuit is pending in another state, in federal court, or in a foreign country, and you need to depose a witness who is located in Missouri.
What do I have to file to get the subpoena?
An ex parte application to the circuit court in the county where the deponent can be found.
What does the court do with the application?
It may order a subpoena to issue under Rule 57.09 and may enter orders as if the deposition were for a Missouri case, while taking into account the laws and rules of the jurisdiction where the testimony will be used.
Does this rule set up a different deposition procedure?
No. Once the subpoena issues, the deposition proceeds under Missouri’s normal deposition rules — the same notice, officer, and objection procedures that apply to any Missouri deposition.
Can this rule be used for testimony destined for a foreign court?
Yes. The rule covers deposition testimony needed for a case pending under the laws of another state, of the United States, or of another country.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: out of state deposition missouri witnessforeign jurisdiction deposition subpoena missouridepose missouri witness for out of state caseinterstate deposition subpoena missouri