287.560. Division or commission may administer oaths, issue process, take depositions--depositions may be taken by electronic means--costs, how paid.
Division or commission may administer oaths, issue process, takedepositions--depositions may be taken by electronic means--costs, howpaid.
287.560. The division, any administrative law judge thereofor the commission, shall have power to issue process, subpoenawitnesses, administer oaths, examine books and papers, andrequire the production thereof, and to cause the deposition ofany witness to be taken and the costs thereof paid as other costsunder this chapter. Any party shall be entitled to process tocompel the attendance of witnesses and the production of booksand papers, and at his own cost to take and use depositions inlike manner as in civil cases in the circuit court, except thatdepositions may be recorded by electronic means. The partyelecting to record a deposition by electronic means shall beresponsible for the preparation and proper certification of thetranscript and for maintaining a copy of the tape or other mediumon which the deposition was recorded for the use of the divisionor any party upon request. Copies of the transcript shall beprovided to all parties at a cost approved by the division.Subpoena shall extend to all parts of the state, and may beserved as in civil actions in the circuit court, but the costs ofthe service shall be as in other civil actions. Each witnessshall receive the fees and mileage prescribed by law in civilcases, but the same shall not be allowed as costs to the party inwhose behalf the witness was summoned unless the persons beforewhom the hearing is had shall certify that the testimony of thewitness was necessary. All costs under this section shall beapproved by the division and paid out of the state treasury fromthe fund for the support of the Missouri division of workers'compensation; provided, however, that if the division or thecommission determines that any proceedings have been brought,prosecuted or defended without reasonable ground, it may assessthe whole cost of the proceedings upon the party who so brought,prosecuted or defended them. The division or the commission maypermit a claimant to prosecute a claim as a poor person asprovided by law in civil cases.
(RSMo 1939 § 3740, A.L. 1965 p. 397, A.L. 1980 H.B. 1396, A.L. 1993 S.B. 251)Prior revision: 1929 § 3350