Rule 57.09.Subpoena for Taking Deposition.

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.