State Codes and Statutes

Statutes > Missouri > T21 > C313 > 313_325

Commission may subpoena records and witnesses--failure to obey.

313.325. The commission may issue subpoenas to compel theattendance of witnesses and the production of documents, papers,books, records and other evidence before it in any matter overwhich it has jurisdiction, control or supervision. Thecommission may administer oaths and affirmations to personswhose testimony is required. If a person subpoenaed to attendin any such proceeding or hearing fails to obey the command ofthe subpoena without reasonable cause, or if a person inattendance in any such proceeding or hearing refuses, withoutlawful cause, to be examined or to answer a legal or pertinentquestion or to exhibit any book, account, record or otherdocument when ordered so to do by the commission, the commissionmay apply to any judge of the circuit court, upon proof byaffidavit of the facts, for an order returnable in not more thanten days, or as the court shall prescribe, directing such personto show cause before the court why he should not comply withsuch subpoena or such order. Upon return of the order, thecourt before whom the matter shall come on for hearing shallexamine such person under oath, and if the court shalldetermine, after giving such person an opportunity to be heard,that he refused without legal excuse to comply with suchsubpoena or such order of the director, the court may order suchperson to comply therewith forthwith and any failure to obey theorder of the court may be punished as a contempt of the court.

(L. 1985 S.B. 44 § 26)

Effective 6-11-85

State Codes and Statutes

Statutes > Missouri > T21 > C313 > 313_325

Commission may subpoena records and witnesses--failure to obey.

313.325. The commission may issue subpoenas to compel theattendance of witnesses and the production of documents, papers,books, records and other evidence before it in any matter overwhich it has jurisdiction, control or supervision. Thecommission may administer oaths and affirmations to personswhose testimony is required. If a person subpoenaed to attendin any such proceeding or hearing fails to obey the command ofthe subpoena without reasonable cause, or if a person inattendance in any such proceeding or hearing refuses, withoutlawful cause, to be examined or to answer a legal or pertinentquestion or to exhibit any book, account, record or otherdocument when ordered so to do by the commission, the commissionmay apply to any judge of the circuit court, upon proof byaffidavit of the facts, for an order returnable in not more thanten days, or as the court shall prescribe, directing such personto show cause before the court why he should not comply withsuch subpoena or such order. Upon return of the order, thecourt before whom the matter shall come on for hearing shallexamine such person under oath, and if the court shalldetermine, after giving such person an opportunity to be heard,that he refused without legal excuse to comply with suchsubpoena or such order of the director, the court may order suchperson to comply therewith forthwith and any failure to obey theorder of the court may be punished as a contempt of the court.

(L. 1985 S.B. 44 § 26)

Effective 6-11-85


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T21 > C313 > 313_325

Commission may subpoena records and witnesses--failure to obey.

313.325. The commission may issue subpoenas to compel theattendance of witnesses and the production of documents, papers,books, records and other evidence before it in any matter overwhich it has jurisdiction, control or supervision. Thecommission may administer oaths and affirmations to personswhose testimony is required. If a person subpoenaed to attendin any such proceeding or hearing fails to obey the command ofthe subpoena without reasonable cause, or if a person inattendance in any such proceeding or hearing refuses, withoutlawful cause, to be examined or to answer a legal or pertinentquestion or to exhibit any book, account, record or otherdocument when ordered so to do by the commission, the commissionmay apply to any judge of the circuit court, upon proof byaffidavit of the facts, for an order returnable in not more thanten days, or as the court shall prescribe, directing such personto show cause before the court why he should not comply withsuch subpoena or such order. Upon return of the order, thecourt before whom the matter shall come on for hearing shallexamine such person under oath, and if the court shalldetermine, after giving such person an opportunity to be heard,that he refused without legal excuse to comply with suchsubpoena or such order of the director, the court may order suchperson to comply therewith forthwith and any failure to obey theorder of the court may be punished as a contempt of the court.

(L. 1985 S.B. 44 § 26)

Effective 6-11-85