Mo. Rev. Stat. » Chapter 491
Missouri Revised Statutes

Mo. Rev. Stat. § 491.120 (2026)

Subpoenas, how served and returned

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  491.120.  Subpoenas, how served and returned. — 1.  The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy thereof, and such refusal, shall be a sufficient service of such subpoena.

  2.  The return shall show the manner of service; and in civil cases, if the witness reside at a greater distance than forty miles from the place of trial, it shall be so stated in the return, and also whether his legal fees have been tendered or paid, and if served by an officer his return shall be conclusive of the facts therein stated; if served by a private person, the return shall be verified by affidavit, which shall be received as evidence, and such affidavit may be made before the sheriff of the county where such service is made.

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(RSMo 1939 § 1908)

Prior revisions: 1929 § 1744; 1919 § 5431; 1909 § 6375

Notes of Decisions
Cited in 3 cases, 1976–2019 · leading case: State of Missouri v. Carl E. Emerson, 573 S.W.3d 93 (Mo. Ct. App. 2019).
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State of Missouri v. Carl E. Emerson, 573 S.W.3d 93 (Mo. Ct. App. 2019). · cites it 10× “At issue here is whether Emerson properly served the witness by having the subpoena read aloud to the witness—a method that 10 complies with the service requirements of Section 491.120 3, but not with Rule 26.02.”
State v. Rose, 535 S.W.2d 115 (Mo. Ct. App. 1976). · cites it 6× “It should be noted that the trial court did not base this ruling on the propriety of the form of the subpoena nor on the relevancy of the documents sought to be produced, but solely upon the fact that there was no showing of compliance with Rule 25, Rules of Criminal Procedure,…”
Jones v. Kansas City Area Transp. Auth., 769 S.W.2d 145 (Mo. Ct. App. 1989). · cites it 2× “The same result pertains to the hand delivered subpoena not containing a proper return, § 491.120, RSMo 1986, and addressed only to “Kansas City Area Transportation,” § 491.”
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