How to Fill Out and Serve the Missouri Court Subpoena Form (CR190)

Missouri’s CR190 subpoena form is a fill-in court order that compels a witness to appear, produce documents, or both, and it becomes enforceable only after a clerk or notary signs and seals it and an eligible server delivers it in person. The form is available from any Circuit Clerk’s office and on individual circuit court websites. Getting the details right on the two-page form, and following the statutory rules for issuance and service, is what separates a binding command from a piece of paper the recipient can ignore.

Pick the Right Type of Subpoena First

The CR190 accommodates both Missouri subpoena types on a single document, and you tell the court which one you want by checking a box.

A subpoena ad testificandum commands a person to appear at a specific time and place to give testimony under oath. Use it for depositions, hearings, and trials.
A subpoena duces tecum commands a person to bring records, objects, or documents. Use it for bank statements, medical records, photographs, and similar tangible evidence, with or without live testimony.

The form references Missouri Revised Statutes sections 491.100 and 491.130 and Supreme Court Rules 57.09 and 58.02. Rule 57.09 governs subpoenas for depositions in civil litigation; Rule 58.02 covers subpoenas directed at nonparties for document production.¹ Check the wrong box and the witness may show up empty-handed when you needed records, or hand over a box of paper when you needed live testimony.

What You Need Before You Start Writing

Gather all of the following. Missing any of it will get the form kicked back by the clerk or hand the recipient a reason to challenge service.

The full case caption: plaintiff and defendant names exactly as they appear in the court file.
The assigned case number and the division handling the matter. Both appear on any prior filing.
The exact name of the circuit court. An incorrect court name creates a jurisdictional defect.
The witness’s full legal name and a current home or business address. A wrong address makes valid service impossible.
The date, time, courtroom, and location where the witness must appear.
For a duces tecum, a precise description of the documents wanted: date ranges, account numbers, document titles, or record categories.

Vague document language like “all records” or “any documents related to the case” invites a motion to quash. Under section 491.100, the court can quash a document subpoena that is unreasonable or oppressive.² Write specifics instead: “all checking account statements for account number XXXX from January 1, 2024, through December 31, 2025.” If the list runs long, attach it as a separate exhibit and reference the exhibit on the main form.

Filling Out the CR190

Page one is the subpoena; page two contains the return of service and the witness’s instructions. At the top of page one, enter the court name, case number, and case caption in the header block. Put the witness’s full name and address in the “To” field.

Check the box that matches what you need: appearance to testify, production of documents, or both. If documents are involved, write the description in the designated section or note “See attached Exhibit A” and staple your detailed list to the form. Fill in the date, time, and location where the witness must appear. Include the name and contact information of the attorney or party requesting the subpoena; section 491.100 requires this so the witness knows whom to contact with questions.³

Proofread every field. A mismatched case number or misspelled party name looks minor and reads like a defect the other side can exploit.

Getting the Subpoena Issued

A completed form has no legal force until it is officially issued. Under section 491.100, the clerk of the court where the case is pending, or a notary public of the county where the trial will take place, signs and seals the subpoena.³ The statute allows the clerk to issue the form “signed and sealed but otherwise in blank” for the requesting party to complete afterward, but in practice most people fill in the form first and bring it to the clerk’s window for signature and seal.

For depositions, Rule 57.09 also lets the officer or person before whom the deposition will be taken, typically a court reporter who is a notary, issue the subpoena. Without a proper signature and seal from an authorized person, the document carries no compulsory power.

Serving the Subpoena

Service must be in person. Missouri law requires the subpoena to be served by reading it to the witness or by handing over a physical copy. If the witness refuses to listen or refuses the copy, the officer’s attempt to read or deliver it still counts as valid service.⁴ Mail, email, and leaving the form on a doorstep are not valid methods for a Missouri state court subpoena.

A sheriff’s deputy can serve it, and so can a private process server who is at least 18 and not a party to the case.⁵ Some circuits require private process servers to be specially appointed by the court, so check with your local Circuit Clerk before hiring one. Sheriff’s departments charge a service fee that varies by county.

Timing matters. Rule 58.02 requires subpoenas to nonparties for document production to be served no fewer than ten days before the compliance date. For trial subpoenas, allow enough lead time for the witness to reasonably arrange to appear. A subpoena served the night before a 9 a.m. hearing is an easy target for a motion to quash.

Bring Witness Fees to the Service

Missouri law entitles a subpoenaed witness to a fee of $25.00 per day of attendance, plus mileage calculated under section 33.095 of the Missouri Revised Statutes.⁶ Section 33.095 ties the mileage rate to a percentage of the federal General Services Administration privately owned vehicle rate, which changes annually, so confirm the current figure with the clerk before service.

These fees are not optional. At the moment the subpoena is served, the witness may demand payment of travel expenses and one day’s attendance fee. If the witness demands it and payment is not made on the spot, the witness is not required to appear.⁴ The return of service must note whether fees were tendered or paid, so a failure ends up in the court record. Send the process server out with a check or cash in the correct amount.

Completing the Return of Service

After delivery, the server fills out the Return/Affidavit section on page two of the CR190. That section records the date of service, the method used (personal delivery or reading the document aloud), and the county where service took place.¹ If a private person rather than a sheriff served the subpoena, the return must be verified by affidavit: the server swears under oath that the facts in the return are true.⁴

File the completed return with the Circuit Clerk’s office promptly. This proof of service is what lets the court hold the witness in contempt if they fail to show. Without it on file, you have no evidence the witness was ever properly notified.

If You Received a CR190 Instead of Issuing One

The instructions on page two of the form are directed at the witness. The subpoena stays in effect through continuances and rescheduled dates until the trial concludes or the court dismisses you, so a single subpoena covers the whole matter without a new one being issued. Bring the CR190 with you to court, and after you testify or are dismissed, complete, sign, and return it to the clerk. Contact the attorney listed on the form with questions about the date, location, or scope of what to bring. If you believe the subpoena is improper, the route is a motion to quash filed before the compliance date, not ignoring it: a witness who fails to appear without reasonable cause can be held in contempt of court.¹

1
16th Judicial Circuit Court of Missouri. Missouri Court Subpoena – Order to Appear, Produce Documents, Give Depositions
2
Missouri Revisor of Statutes. Missouri Code 491.100 – Summons, Form – How Issued – Subpoena for Property, Courts Authority to Quash, When Exercised
3
Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 491.100
4
Missouri Revisor of Statutes. Missouri Code 491.120 – Subpoenas, How Served and Returned
5
16th Circuit Court of Jackson County, Missouri. Missouri Code – Procedure for Special Appointment of Process Servers
6
Missouri Revisor of Statutes. Missouri Code 491.280 – Fees of Witnesses