Title XXXIII — EVIDENCE AND LEGAL ADVERTISEMENTS

491.010. Witness's interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute. — 1. No person shall be disqualified as a witness in any civil suit or proceeding at law or in equit…

491.015. Victim or witness in certain cases not to be interrogated as to prior sexual conduct. — 1. In prosecutions under chapter 566 or prosecutions related to sexual conduct under chapter 568, opinion and reputation evidence of a victim's or witness' prior sexual conduct, acts,…

491.016. Otherwise inadmissible witness statement admissible in criminal proceeding, when. — 1. A statement made by a witness that is not otherwise admissible is admissible in evidence in a criminal proceeding as substantive evidence to prove the truth of the matter asserted if, …

491.030. Adverse party may be compelled to testify in civil cases. — Any party to any civil action or proceeding may compel any adverse party, or any person for whose immediate and adverse benefit such action or proceeding is instituted, prosecuted or defended, to testify as a wi…

491.040. Sections 491.010 and 491.030 construed. — Nothing in sections 491.010 and 491.030 shall in any manner affect the law relating to the attestation of the execution of last wills and testaments, or of any other instrument required by law to be attested, nor shall they be so…

491.050. Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility. — Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a…

491.060. Persons incompetent to testify — exceptions, children in certain cases. — The following persons shall be incompetent to testify: (1) A person who is mentally incapacitated at the time of his or her production for examination; (2) A child under ten years of age, who appea…

491.065. Informants, disclosure requirements. — 1. As used in this section, unless the context otherwise requires, the following terms mean: (1) "Benefit", any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial paym…

491.070. Cross-examination of witnesses — scope. — A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except where a defendant in a criminal case is testifying in his own behalf) …

491.074. Prior inconsistent statement may be admissible in criminal cases as substantive evidence. — Notwithstanding any other provisions of law to the contrary, a prior inconsistent statement of any witness testifying in the trial of a criminal offense shall be received as subst…

491.075. Statement of child under eighteen or vulnerable person admissible, when. — 1. A statement made by a child under the age of eighteen, or a vulnerable person, relating to an offense under chapter 565, 566, 568 or 573, performed by another, not otherwise admissible by statu…

491.078. Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when. — 1. Notwithstanding any other provision of law to the contrary, a juvenile court adjudication for any of the following…

491.080. Testimony of witness not to be used to convict him of fraud. — Whenever any person shall testify, either as a party or as a witness, in any suit or proceedings now or hereafter pending, the testimony of such person shall not be used as evidence to prove any fact in any s…

491.090. Summons of witnesses — procedure — consequences of failure to appear. — 1. In all cases where witnesses are required to attend the trial in any cause in any court of record, a summons shall be issued by the clerk of the court wherein the matter is pending, or by some not…

491.100. Summons, form — how issued — subpoena for property, court's authority to quash, when exercised. — 1. Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorney…

491.110. Subpoenas, by whom served. — Subpoenas shall be directed to the person to be summoned to testify, and may be served by the sheriff, coroner, marshal or any constable in the county in which the witnesses to be summoned reside or may be found, or by any disinterested perso…

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 cop…

491.130. Fees to be tendered, when. — A witness shall not be compelled to attend, as such, in a civil suit, at a greater distance than forty miles from his place of residence, unless his legal fees for traveling, in going to and returning from the place of trial, and one day's at…

491.140. Witness liable to action, when. — When a party causing a witness to be summoned, shall have paid or tendered to such witness his legal fees for traveling, and one day's attendance, at the time of summoning such witness, if he fail to attend he shall be liable to the acti…

491.150. Attendance, how enforced. — A person summoned as a witness in any cause pending in any court of record, and failing to attend, may be compelled, by writ of attachment against his body, to appear, which may be served in any county in the state, and the sheriff may serve s…

491.160. Attachment may issue, when. — When a cause shall be continued on account of the absence of a witness, duly summoned, and the party for whom such witness shall have been summoned shall make affidavit that such absent witness is material, and that he cannot safely go to tr…

491.170. Witness attached, may be discharged on bail. — When a writ of attachment, authorized by section 491.160, shall be executed, the sheriff or other officer shall discharge such witness, on his entering into a recognizance to the state of Missouri, with sufficient security, …

491.180. Penalty where party refuses to attend and testify. — If a party, on being duly summoned, refuse to attend and testify, either in court or before any person authorized to take his deposition, besides being punished himself as for a contempt, his petition, answer or reply …

491.190. Fine for nonattendance. — The court shall have power to impose a fine, not exceeding fifty dollars, on every person duly summoned as a witness, who shall not appear and testify; which fine may be remitted, for good cause shown, at the term to which he is summoned, or the…

491.200. Penalty for refusing to testify. — A person summoned as a witness, and attending, who shall refuse to give evidence which may lawfully be required to be given by such person, on oath or affirmation, may be committed to prison by the court, or other person authorized to t…

491.205. Court may compel testimony, witness immunity, exception, when, penalty. — 1. In the case of any individual who has been or may be called to testify or provide other information at any proceeding ancillary to or before a circuit or associate circuit court or grand jury of…

491.210. Witness not excused from testifying, when. — No competent witness in a case shall be excused from answering a question relevant to the matter in issue, on the ground that the answer to such question may tend to establish the fact that such witness owes a debt or is other…

491.220. Witness, when free from arrest. — Witnesses shall be privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance on any court, or where their attendance is required by subpoena, and in going to and returning thence, allowi…

491.230. Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions. — 1. Courts of record, and any judge or justice thereof, shall have power, upon the application of any party to a criminal suit o…

491.240. Writ to obtain witness from county jail. — Such writ may also be issued by any such court, judge or justice thereof, upon application of a party to a suit or proceeding pending before any officer authorized to examine witnesses, to bring any person confined in the jail o…

491.250. Application for writ. — An application for such writ shall be verified by affidavit, and shall state the title and nature of the proceeding in which the testimony of the prisoner is desired, the court or officer before whom pending, and that the testimony of such prisone…

491.260. Application of prosecuting officers. — When such application shall be made by the attorney general, prosecuting or circuit attorney, or other public prosecutor, it shall not be necessary to swear to the truth of the facts set forth in the application. ­­-------- (RSMo 19…

491.270. Prisoner to be remanded after testifying. — A prisoner who shall be brought before any court, public body or officer, upon a writ of habeas corpus, to testify, shall be remanded, after having testified, to the prison from which he was taken. ­­-------- (RSMo 1939 § 1913)…

491.280. Fees of witnesses. — 1. Witnesses shall be allowed fees for their services in the amount of twenty-five dollars per day plus a mileage allowance determined as provided in section 33.095. 2. Each witness may be examined on oath by the court or by the clerk when the court …

491.290. Fees, how paid. — The clerk of each court of record shall, on the application of any witness to have his fees allowed, enter on his book, under the title of the cause in which the witness was summoned or recognized, or if before the grand jury, the name of the witness, t…

491.310. Associate circuit judge to issue subpoenas. — The associate circuit judge shall issue subpoenas for witnesses at the instance of either party, and shall include all the witnesses ordered at the same time by a party in one subpoena. ­­-------- (RSMo 1939 § 2649, A.L. 1945…

491.320. Validity of subpoena. — A subpoena issued by an associate circuit judge shall be valid to compel the attendance in an associate circuit judge's court of a witness, as provided in sections 491.010 to 491.270. ­­-------- (RSMo 1939 § 2650, A.L. 1945 p. 765 § 86) Prior revi…

491.330. Associate circuit judge may order witness attached, when. — Whenever it shall appear to the satisfaction of the associate circuit judge that any person duly subpoenaed to appear before him in a suit shall have failed without just cause to attend as a witness in conformit…

491.340. Attachment to be executed as in criminal cases — cost. — Every such attachment may be directed to any sheriff or other officer provided by law of the county in which the witness resides, and shall be executed in the same manner as a warrant in a criminal case; and the fe…

491.350. Penalty for failure to obey subpoena without excuse. — If any witness so attached shall show a reasonable excuse for not appearing, as required by the subpoena, he shall be discharged, either with or without payment of the costs of the attachment, in the discretion of th…

491.360. Continuance of case — associate circuit judge to notify witnesses. — When any cause shall be continued by the associate circuit judge, it shall be his duty forthwith to call before him all witnesses summoned in the cause, and verbally notify such as may attend to appear …

491.370. Cost of surplus witnesses paid by whom. — If either party subpoena more than three witnesses to prove any one fact, or shall subpoena any person or persons and not examine them as witnesses on the trial, he shall pay the costs occasioned by such surplus or unnecessary wi…

491.380. Competency of witnesses, how determined — oath of witnesses. — 1. If a witness, on being produced, shall be objected to as incompetent, such objection shall be tried and determined by the associate circuit judge. 2. Every person offered as a witness, before any testimony…

491.400. Definitions. — As used in sections 491.400 to 491.450 the following terms mean and include: (1) "State", any territory of the United States and District of Columbia. (2) "Summons", a subpoena, order or other notice requiring the appearance of a witness. (3) "Witness", a …

491.410. Summoning witness in this state to testify in another state. — 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that th…

491.420. Witness from another state summoned to testify in this state. — 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to …

491.430. Exemption from arrest and service of process. — 1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he is not, while in this state pursuant to such summons, subject to arrest or the service of process, civil or…

491.440. Uniformity of interpretation. — This law shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. ­­-------- (L. 1959 H.B. 295 § 6)

491.450. Short title. — This law may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings". ­­-------- (L. 1959 H.B. 295 § 1)

491.600. Courts with criminal jurisdiction may issue orders to protect witness or victim. — Any court with jurisdiction over any criminal matter may, in its discretion, upon substantial evidence, which may include hearsay, that intimidation or dissuading of any person who is a vi…