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How to obtain Subpoena for records, medical or otherwise, in St. Louis City or St. Louis County for out of state case

If you have an out-of state case (case not pending in Missouri) and you need to obtain medical records or other documents via a subpoena in St. Louis City or County, here are the general instructions for opening a new matter in St. Louis for purposes of obtaining subpoena in an out of state case.

St. Louis City

First take 3 copies of the Order to Div. 1 or 2 (4th floor) to get a judge’s signature.  These divisions usually hold informal walk-in docket at 2 p.m., although you should double check this.  The St. Louis City Circuit clerk has a document that described the docket procedures and times.  The docket information and times found at http://www.stlcitycircuitcourt.com/Divisions%201,%2011%20&%2031%20Docket%20Procedures%2012-29-11.pdf

Second, take the signed order to the 1st floor clerk’s office, along with (1) a check in the amount of $3, (2) the civil cover sheet, (3) the application for Order directing issuance of subpoena in aid of taking depositions for use and proceedings in State of Illinois, (4) a Motion for Entry of Order, (5) a Notice of Deposition accompanied by a Subpoena Duces Tecum for protective health information as defined by HIPPA, and (6) a copy of the subpoena.

Third, take to the sheriff’s office (on the 8th floor) (1) a check in the amount of $30.00 with a cover letter, (2) copy of the subpoena and (3) also enclosing the packet to be served.  The service packet includes (1) a letter to the person being served, (2) a witness check for $4, (3) an original copy of the subpoena, (4) Notice of Deposition accompanied by a Subpoena Duces Tecum for protective health information as defined by HIPPA, (5) and a copy of the Order that you had the judge sign.

If possible bring back copies file stamped of the application for Order, Motion for Entry of Order, and signed Order.

Recap of St. Louis City fees:

$3 fee to St. Louis City Clerk to issue subpoena

$30.00 service fee for St. Louis City Sheriff (because it has a Missouri Case #)

$4 witness fee

case type code on civil cover sheet is XH

case type description is “out of state witness”

St. Louis County

The process is very similar in St. Louis County. The forms are the same. First, take documents described above to circuit clerk civil filing on 1st floor (before security). Then take case file they give you to summons department on 5th floor.  Then take file and proposed order to the division they assign to have judge sign the order.  Finally, take documents described above (sheriff cover letter, check and service packet) Sheriff’s office on 5th floor.

St. Louis County Fees:

$97 – St. Louis County Circuit Clerk

$26 – St. Louis County Sheriff (service fees)

Civil cover sheet for St. Louis County located at

http://www.stlouisco.com/LawandPublicSafety/CircuitCourt/Forms

*Note fees are as of June 2012.  Always a good idea to confirm amount of fees with each clerk and sheriff.

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