Part I · Rule 57: Interrogatories and Depositions · Last amended January 1, 2012 · Last verified July 22, 2026
In one sentenceRule 57.09 sets the requirements for a deposition subpoena — who issues it, how it compels attendance and document production, the protections a non-party gets, and how it must be served.
(a)For Attendance of Witnesses; Form; Issuance. Every subpoena for a deposition shall:
(1)Be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or Rule 57.06 or by the clerk of the court in which the civil action is pending;
(2)State the name of the court and the style of the civil action;
(3)State the name, address and telephone number of all attorneys of record and self-represented parties; and
(4)Command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b)For Production of Documents and Things. In conjunction with a deposition properly noticed under Rule 57.03, a subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.
(1)Quash or modify the subpoena if it is unreasonable or oppressive, or
(2)Require the party who issued and served the subpoena to advance the reasonable cost of producing the books, papers, documents, or tangible things.
The court may:
(c)Subpoena to a Non-Party. A subpoena to a non-party pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance. The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading. A party objecting to the subpoena may seek a protective order under Rule 56.01(c).
A party or attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a non-party subject to the subpoena.
With the agreement of all parties, the non-party may be excused from appearance at the deposition and may produce the subpoenaed items to the party responsible for issuance and service of the subpoena, who shall then offer to all other parties the opportunity to inspect or copy the subpoenaed items. The party responsible for issuance and service of the subpoena is responsible for obtaining the agreement of all parties and advising the non-party in writing of the agreement, with a copy to all attorneys of record and self-represented parties. Absent such an agreement, the subpoenaed items shall only be produced at the deposition.
Upon request by any party, the non-party shall also produce with the subpoenaed items a business records affidavit of the custodian of records.
A non-party commanded to produce and permit inspection and copying may serve the party who issued and served the subpoena with a written objection to inspection and copying of any or all of the designated items. The objection shall state specific reasons why the subpoena should be quashed or modified.
The objection shall be served on all parties to the action within 10 days after service of the subpoena or before the time specified for compliance, whichever is earlier.
If a timely and specific objection is made, the party who issued and served the subpoena shall not be entitled to inspect or copy the subpoenaed items except pursuant to an order of the court.
Upon notice to the non-party commanded to produce, the party who issued and served the subpoena may move at any time for an order to compel production.
(2)Any other person who is not a party and is not less than 18 years of age.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.
(e)Authorization to Issue Subpoena. Proof of service of a notice to take a deposition as provided in Rules 57.03 and 57.04 is sufficient to authorize the issuance of a subpoena for taking a deposition.
(f)Contempt. Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
Amendment History
Adopted March 29, 1974, eff. Jan. 1, 1975. Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended June 25, 2001, eff. Jan. 1, 2002; Amended June 21, 2005, eff. January 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012.
Official Comment
The sources are prior Rules 57.06(b), 57.19, 57.20 and 57.38 and Rule 45 of the Federal Rules of Civil Procedure. Compare: Rule 45 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 57.09 covers the mechanics of compelling someone to show up for a deposition. The subpoena can be issued by the officer or person authorized under Rules 57.05 or 57.06, or by the clerk of the court where the case is pending, and it must name the court and the case, list the attorneys and self-represented parties, and command the recipient to attend and testify at a specified time and place. Paired with a properly noticed deposition, the same subpoena can also command production of books, papers, documents, or tangible things, and a court can quash or modify a subpoena that is unreasonable or oppressive, or instead require the issuing party to advance the reasonable cost of producing what it demands.
Non-parties get a distinct set of protections. A document subpoena to a non-party must be served at least 10 days before the compliance date, and a copy must go to every other party as if it were a pleading; a party who objects can seek a protective order under Rule 56.01(c). The party or attorney who issued the subpoena must take reasonable steps to avoid imposing undue burden or expense on the non-party. With everyone’s agreement, a non-party can skip the deposition itself and produce the subpoenaed items directly to the issuing party, who must then let every other party inspect or copy them; absent that agreement, production happens only at the deposition. A non-party can also serve a written objection stating specific reasons the subpoena should be quashed or modified, within 10 days of service or before the compliance date, whichever comes first — and once that objection is filed, the issuing party cannot inspect or copy the material without a court order compelling production.
Service of the subpoena itself can be handled by a sheriff or deputy, or by any other non-party who is at least 18 years old, and requires tendering the witness fees and mileage the person would be entitled to for attending court. Proof that a deposition notice went out under Rules 57.03 or 57.04 is enough on its own to authorize issuing the subpoena, and anyone who disobeys a subpoena without adequate excuse can be held in contempt of the court where the case is pending.
Frequently Asked Questions
Who can issue a deposition subpoena in Missouri?
The officer or person authorized under Rule 57.05 or 57.06, or the clerk of the court where the civil action is pending.
Can a deposition subpoena also require document production?
Yes. In conjunction with a properly noticed deposition, the subpoena can command production of books, papers, documents, or tangible things, and the court can quash or modify an unreasonable or oppressive demand or require advance payment of the cost of producing it.
What protections does a non-party get from a deposition subpoena?
At least 10 days’ notice before the compliance date, a copy going to every other party, the ability to seek a protective order, and an obligation on the issuing party to take reasonable steps to avoid undue burden or expense.
What happens if a non-party objects to producing the subpoenaed items?
The party who issued the subpoena cannot inspect or copy the items unless a court order compels production, once a timely and specific objection has been served.
Who can physically serve a deposition subpoena?
A sheriff or sheriff’s deputy, or any other person who is not a party and is at least 18 years old, who must also tender the witness fees and mileage the recipient would be owed for attending court.
What happens if someone ignores a deposition subpoena?
They may be held in contempt of the court in which the civil action is pending.
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:deposition subpoena missourisubpoena duces tecum deposition missourinon-party subpoena objection missouriquash deposition subpoena missouri