SB 394 - This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri. To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.
The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.
This act shall apply to requests for discovery in cases pending on August 28, 2023.
This act is identical to HB 84 (2023), HCS/HBs 994, 52 & 984 (2023), SB 1005 (2022), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).
KATIE O'BRIEN