Title XXXVII — CRIMINAL PROCEDURE

540.021. Selection of grand jurors, summons and jury qualification form — notification of persons not qualified to serve — alternate grand jurors — length of service — compensation. — 1. Upon order of the presiding judge of the circuit court, or a judge designated by the presidin…

540.031. Duties of grand jury. — A grand jury may make inquiry into and return indictments for all grades of crimes and shall make inquiry into all possible violations of the criminal laws as the court may direct. The grand jury may examine public buildings and report on their co…

540.045. Qualifications and exemptions from service. — 1. The provisions of sections 494.400 to 494.505 relating to the qualifications and disqualifications of petit jurors and exemptions from service as a petit juror are applicable to grand jurors drawn and selected under the pr…

540.050. Disqualification of grand juror — new juror summoned. — If any person is summoned as a grand juror who is not qualified as required by law, he may be challenged and discharged if such challenge is verified according to law or by his own oath. In such case, and also in ca…

540.060. Challenge of grand jurors — grounds. — Before a grand juror is sworn, any person held to answer a criminal charge may object to the competency of the grand juror on the ground that the grand juror is the prosecutor or complainant upon any charge against such person, or t…

540.070. Challenge for other causes not allowed. — No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed except as provided in section 540.045 and in section 540.050. ­­-------- (RSMo 1939 § 3904, A.L. 1989 S.B. 127, et al.) Prior…

540.080. Oath of grand jurors. — Grand jurors may be sworn in the following form: Do you solemnly swear you will diligently inquire and true presentment make, according to your charge, of all offenses against the laws of the state committed or triable in this county of which you …

540.090. Foreperson of grand jury, appointment. — From the persons selected to serve as grand jurors, the court shall appoint a foreperson. If such foreperson is discharged or excused before the grand jury is dismissed, the court shall appoint another foreperson. ­­-------- (RSMo…

540.100. Clerk of grand jury, appointment. — Every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceedings and of the evidence given before them. The minutes shall be given to the prosecuting or circuit attorney when the grand ju…

540.105. Reporter to record testimony — oath. — An official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe for the use of the prosecuting or circuit attorney any or all evidence given before the grand jury. Before taking down any…

540.106. Grand jury proceeding to be recorded, when — transcript to defendant. — Any grand jury proceeding that includes testimony or other information from a witness who is granted immunity from prosecution shall be a recorded proceeding. In the event a person is indicted as a r…

540.110. Foreperson — powers and duties — oath. — The foreperson of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before…

540.120. Penalty for violation of oath. — Any person having taken the oath required pursuant to section 540.110, who shall willfully violate the same, shall be adjudged guilty of a class B misdemeanor. ­­-------- (RSMo 1939 § 3907, A.L. 1989 S.B. 127, et al.) Prior revisions: 192…

540.130. Prosecuting or circuit attorney to attend. — Whenever required by any grand jury, it shall be the duty of the prosecuting or circuit attorney in the county, or in a city not within a county, to attend them for the purpose of examining witnesses in their presence, or givi…

540.140. Rights and privileges of prosecuting or circuit attorney. — The prosecuting or circuit attorney shall be allowed at all times to appear before the grand jury on his request, for the purpose of giving information relative to any matter cognizable by them, and shall be per…

540.150. Interpreter — appointment — oath. — Whenever in the opinion of any grand jury it shall be necessary to have an interpreter of the testimony to be given before them by any witnesses, they may appoint such interpreter and permit him to be present in the grand jury room dur…

540.160. Grand jury entitled to process — exception. — Whenever thereto required by any grand jury, or the foreperson thereof, or by the prosecuting or circuit attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnes…

540.170. Subpoenas in vacation, when issued. — It shall be the duty of the circuit clerk to issue subpoenas for witnesses to be and appear before the grand jury of the circuit court thereafter, at the instance of the prosecuting or circuit attorney, whenever it shall be shown tha…

540.180. Compulsory process, when issued. — If any witness, duly summoned to appear and testify before a grand jury, shall fail or refuse to obey, the court shall cause compulsory process to be issued to enforce his attendance, and may punish the delinquent in the same manner and…

540.190. Refusal to testify — proceedings. — If any witness, appearing before a grand jury, refuses to testify or to answer any interrogatories in the course of his examination, the fact and the question refused shall be communicated to the court in writing. The court shall there…

540.200. Witness may be compelled to testify. — If the court determines that the witness is bound to answer, and he persists in his refusal, he shall be brought before the court, who shall proceed therein in the same manner as if the witness had been interrogated and refused to a…

540.210. Continued refusal to testify — proceedings. — If any such witness shall be committed for a contempt, on account of his refusal to testify, and shall persist in such refusal until the grand jury is dismissed, or until the expiration of his imprisonment, he shall not be di…

540.220. Grand juror as witness, when. — If a grand juror knows of the commission of an indictable offense, or any material fact touching the same, he must declare such fact to his fellows, and be sworn as a witness upon the investigation before them. ­­-------- (RSMo 1939 § 3930…

540.230. Indictment of grand juror — proceedings. — Any grand juror may be indicted or presented by the grand jury of which he is a member. When any information shall be given against a grand juror, it shall be the duty of the foreperson at once to notify the prosecuting or circu…

540.240. Bills of indictment. — All grand juries are hereby authorized to find and present bills of indictment for either felonies or misdemeanors committed against the laws of the state. ­­-------- (RSMo 1939 § 3908) Prior revisions: 1929 § 3519; 1919 § 3864; 1909 § 5072

540.250. True bill — concurrence by nine grand jurors. — No indictment can be found without the concurrence of at least nine grand jurors. When so found, and not otherwise, the foreperson of the grand jury shall certify under his hand that such indictment is a true bill, by the f…

540.260. Indictment not a true bill, when. — When there is not a concurrence of nine grand jurors in finding an indictment, the foreperson shall certify, under his hand, that such an indictment is not a true bill. ­­-------- (RSMo 1939 § 3927, A.L. 1989 S.B. 127, et al.) Prior re…

540.270. Indictments — presented to court — filed. — Indictments found and presentments made by a grand jury shall be presented by their foreperson, in their presence, to the court, and shall be there filed and remain as records of such court. ­­-------- (RSMo 1939 § 3928, A.L. 1…

540.300. Grand jurors required to testify, when. — Members of the grand jury may be required by any court to testify whether the testimony of a witness examined before such jury is consistent with or different from the evidence given by such witness before such court. They may al…

540.310. Cannot be compelled to disclose vote. — No member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them, or what opinions were expressed by any juror in relation to any …

540.320. Grand juror not to disclose evidence — penalty. — No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto; nor shall he disclos…

540.330. Charge to grand jury. — In charging grand juries, the court shall apprise them of the provisions of sections 540.300 to 540.320, in relation to disclosures, and in what cases and under what circumstances any disclosures may or may not be made. ­­-------- (RSMo 1939 § 392…

540.331. Lists of tangible personal property — authority of grand jury (first class counties). — The circuit judge exercising criminal jurisdiction shall give the lists prepared in accordance with section 137.155 or 137.360, in charge of the grand jury, who shall have the authori…