Missouri Revised Statutes

Mo. Rev. Stat. § 56.085 (2026)

Criminal investigations, prosecutors or circuit attorneys may obtain subpoena for witnesses, records and books

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  56.085.  Criminal investigations, prosecutors or circuit attorneys may obtain subpoena for witnesses, records and books. — In the course of a criminal investigation, the prosecuting or circuit attorney may request the circuit or associate circuit judge to issue a subpoena to any witness who may have information for the purpose of oral examination under oath to require the production of books, papers, records, or other material of any evidentiary nature at the office of the prosecuting or circuit attorney requesting the subpoena.

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(L. 1994 S.B. 693, A.L. 2001 S.B. 267)

Notes of Decisions
Cited in 6 cases, 1996–2015 · leading case: State of Missouri v. Sandra G. Plunkett, 473 S.W.3d 166 (Mo. Ct. App. 2015).
State of Missouri v. Sandra G. Plunkett, 473 S.W.3d 166 (Mo. Ct. App. 2015). · cites it 20× “Both before and after Wife’s arrest, Prosecutors secured investigative subpoenas from the trial court pursuant to section 56.085. 2 Before Wife was arrested, Jefferson Bank and Hawthorne Bank received subpoenas that requested account information for Husband and Wife’s joint bank…”
State v. Eisenhouer, 40 S.W.3d 916 (Mo. 2001). · cites it 8× “” 2 The subpoenas were purportedly issued pursuant to section 56.085. Mr. Eisenhouer is a member of the same Jehovah’s Witness congregation and is accused of two counts of statutory rape in the first degree, sec.”
Johnson v. State, 925 S.W.2d 834 (Mo. 1996). · cites it 13× “At the request of the prosecuting attorney, the Buchanan County circuit court issued and enforced an investigative subpoena under § 56.085 RSMo 1994. 1 Kent Johnson appeals, attacking the subpoena’s execution and constitutionality.”
State v. Francis, 60 S.W.3d 662 (Mo. Ct. App. 2001). · cites it 3× “Twice misused his prosecutorial investigative subpoena power, under Section 56.085, RSMo., by issuing subpoenas without making the required request to a circuit judge, to harass witness Shane Ross, and to seek documents in the possession of defense counsel Randell Wood.”
Oman v. State, 737 N.E.2d 1131 (Ind. 2000). · cites it 2× “1997); Mo. Rev.Stat. § 56.085 (1994); Mont.Code Ann.”
State v. Clampitt, 364 S.W.3d 605 (Mo. Ct. App. 2012). · cites it 2× “The State obtained the contents of Clampitt’s incoming and outgoing text messages through the use of four investigative subpoenas pursuant to section 56.085, which provides: In the course of a criminal investigation, the prosecuting or circuit attorney may request the circuit or…”
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