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Section: 301.0563 Subpoenas, issuance of process, department's authority--witnesses, costs--failure to obey process, penalty, continuing violations. RSMO 301.563


Published: 2015

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Missouri Revised Statutes













Chapter 301

Registration and Licensing of Motor Vehicles

←301.562

Section 301.563.1

301.564→

August 28, 2015

Subpoenas, issuance of process, department's authority--witnesses, costs--failure to obey process, penalty, continuing violations.

301.563. 1. The department or its designated representative may issue

process, subpoena witnesses, administer oaths, examine books and papers, and

require the production thereof, and cause the deposition of any witness to be

taken and the costs thereof paid as other costs under sections 301.550 to

301.573. Any party may process to compel the attendance of witnesses and the

production of books and papers, and at his own cost to take and use

depositions in like manner as in civil cases in the circuit court. The

subpoena shall extend to all parts of the state, and may be served as in

civil actions in the circuit court, but the costs of the service shall be as

in other civil actions. Each witness shall receive the fees and mileage

prescribed by law in civil cases, but the same shall not be allowed as costs

to the party in whose behalf the witness was summoned unless the person who

conducts the hearing certifies that the testimony of the witness was

necessary. All costs under this section shall be approved by the department

and paid out of the Missouri motor vehicle commission fund established in

section 301.560, except that if the department determines that any proceedings

are brought, prosecuted or defended without reasonable ground, it may assess

the whole cost of the proceedings upon the party who brought, prosecuted or

defended the proceedings.



2. If any person subpoenaed to appear at any hearing or proceeding fails

to obey the command of such subpoena without reasonable cause or if any

person attending a hearing or proceeding shall, without reasonable cause,

refuse to be sworn or to be examined or to answer a question or to produce a

book or paper or to subscribe or swear to his deposition, such person is

guilty of a class B misdemeanor and on conviction thereof shall be punished by

a fine of not more than five hundred dollars, or by imprisonment in the

county jail for not more than one year, or by both such fine and

imprisonment, and in the case of a continuing violation, each day's

continuance thereof shall be a separate and distinct offense.



(L. 1993 S.B. 35, A.L. 1997 H.B. 207)



Effective 7-1-97







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