Title XXXVII — CRIMINAL PROCEDURE

545.490. Petition for change of venue must be proved and may be rebutted. — The petition of the applicant for a change of venue shall set forth the facts or grounds upon which such change is sought, and such petition shall be supported by the affidavit of petitioner and the affid…

545.500. Order for removal shall specify what. — Every order for the removal of any cause under the foregoing provisions shall state whether the same is made on the application of the party, or on facts within the knowledge of the court or judge, and shall specify the cause of re…

545.510. Order for removal, where entered. — Every order for the removal of a cause, if made in term, shall be entered on the minutes; if made by an officer out of court, shall be in writing and signed by such officer, and shall be filed by the clerk with the petition, if any, as…

545.520. Recognizance to be given. — When such order shall be made, the defendant, if not in confinement or custody, shall enter into a recognizance, with sufficient sureties, for his appearance to answer the charge in the court to which the cause is to be removed, at the next te…

545.530. Who may take recognizance. — Such recognizance may be taken by the court or judge making the order, or by any court or officer authorized by law to let to bail after indictment, and when taken out of the court in which the cause is pending, shall be filed with the clerk …

545.540. Order for removal void, unless bail given. — No order for the removal of a cause shall be effectual in the case of any defendant not in confinement or custody, unless a recognizance, taken as herein directed, be entered into in open court, or delivered with the order and…

545.550. Defendant in custody, to be removed, when — which county jail to house defendant. — 1. If the defendant be in actual custody or confinement, the court or officer granting the order of removal shall, subject to any arrangements made pursuant to subsection 2 of this sectio…

545.560. Duty of sheriff. — The sheriff shall obey such order without unnecessary delay, and shall endorse on the commitment or process by virtue of which the prisoner was in his custody, the reason of the change of custody, and shall deliver such warrant, with the prisoner, to t…

545.570. In case of removal, transcript of record to be made. — Whenever any order shall be made for the removal of any cause, under the foregoing provisions, the clerk of the court in which the same is pending shall make out a full transcript of the record and proceedings in the…

545.580. Transcript to be filed. — On the receipt of such transcript by the clerk of the court to which any cause is removed, he shall file the same as a record of his court, and the same proceedings shall be had in the cause in such court, in the same manner and in all respects …

545.590. Lost transcript may be replaced. — If such transcript shall not be transmitted, or shall not be received at or before the first term of the court to which the cause is ordered to be removed, or if such transcript shall be lost or destroyed, the cause shall not by reason …

545.600. Witnesses to attend trial in cases of removal. — The defendant and all witnesses and others who shall have entered into any recognizance to attend the trial of such cause, having notice of the removal thereof, shall be bound to attend at the time and place of trial, in t…

545.610. In case of removal, when notice to be given. — When the order of removal is made in term, it shall be deemed a notice to every person who shall have entered into a recognizance to appear at such term; in other cases the notice shall be in writing, signed by the prosecuti…

545.620. Costs, how taxed and paid. — The costs and expenses necessarily incurred in the removal of any such cause under the foregoing provisions shall be adjusted and allowed by the court wherein the cause is tried, and shall be taxed as other costs in such cause. ­­-------- (RS…

545.630. Clerk, when liable to civil action. — If any clerk of the court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him by the foregoing provisions, he shall forfeit and pay a sum not exceeding five hundred dollars, to be recover…

545.640. Change of venue for one not to affect other defendants. — Where there are several defendants in any indictment or criminal prosecution and the cause of the removal thereof exists only as to part of them, the other defendants shall be tried and all proceedings had against…

545.650. Change of venue and disqualification of judges in multiple-judge circuits. — In all circuits composed of a single county having more than one judge, no change of venue shall be allowed by said circuit court to the circuit court of any other county in this state for the c…

545.660. When judge deemed incompetent to try case. — When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases: (1) When the…

545.690. Another circuit judge may sit, when. — If, in any case, the judge shall be incompetent to sit for any of the causes mentioned in section 545.660, the judge of the court shall set the case down for trial on some day of the term and notify and request another circuit judge…

545.700. Adjourned term held, when. — When any cause is set down for trial in vacation, as directed in section 545.690, the judge shall adjourn the term to that day, at which time an adjourned term of said court may be held for the trial of the cause; and the court shall notify o…

545.710. Continuances, when and how granted. — Continuances may be granted to either party in criminal cases for good cause shown, and the court may postpone the trial of any such case for good and sufficient reasons, of its own motion. When a continuance is allowed on the applic…

545.720. Contents of affidavit. — A motion to continue a cause on the part of the defendant on account of the absence of evidence must be supported by the oath or affidavit of the defendant or some reputable person in his behalf, showing the materiality of the evidence expected t…

545.730. Continuances on behalf of state, how obtained. — If the application for a continuance is by the state, the prosecuting attorney shall state in writing, under his oath of office, and according to his best information and belief, the same facts required to be stated in the…

545.740. Witnesses to enter into recognizance, when. — Whenever a criminal case shall be continued, all the witnesses in attendance shall be called by the court, and as many of them as the parties may desire shall be required to enter into recognizance for their appearance on the…

545.780. Speedy trial, when — what constitutes — failure to comply not grounds for dismissal, exception. — 1. If defendant announces that he is ready for trial and files a request for a speedy trial, then the court shall set the case for trial as soon as reasonably possible there…

545.790. Cause continued, when. — If any person indicted for a criminal offense abscond or flee from justice, or cannot be found to be served with process, or, being let to bail, shall not appear according to the condition of the recognizance, the cause may be continued from term…

545.800. Copy of indictment or information furnished accused on request. — Whenever an indictment is found, or an information filed, in a court of record, it shall be the duty of the clerk, upon the request of the defendant therein, to make out and deliver to him a copy of such i…

545.810. Defendant granted reasonable time to plead. — The defendant in an indictment or information in a court of record, shall not be required to plead thereto until he shall have had a reasonable time in which to examine the same and to prepare his pleading. ­­-------- (RSMo 1…

545.820. Court shall assign prisoner counsel, when. — If any person about to be arraigned upon an indictment for a felony be without counsel to conduct his defense, and be unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding…

545.830. Dilatory pleas, when entertained. — No plea in abatement or other dilatory plea to an indictment or information shall be received by any court, unless the party offering such plea shall prove the truth thereof by affidavit or some other evidence. ­­-------- (RSMo 1939 § …

545.840. Matters pleaded occurring in another county. — When any matters shall be pleaded as having occurred in any other county than that in which the indictment or information was found, it shall be tried in the same manner as if it had been alleged to have occurred in the same…

545.850. Special term of court. — Whenever any person charged with an offense shall be confined in jail two months before the regular term of the court in which he is to be tried, the jailer shall, without delay, inform the judge of such court thereof, who, if he shall be satisfi…

545.860. If prisoner bailed, no special term. — If the prisoner shall be bailed or discharged, the jailer shall give the judge notice of the fact, who shall thereupon be exempted from the duty of holding a special term of his court. ­­-------- (RSMo 1939 § 2021) Prior revisions: …

545.870. Prosecuting attorney to be notified, when. — Where a special term shall be ordered, under section 545.850, the judge ordering the same shall cause a notice thereof to be served by the sheriff or any authorized person, on the prosecuting attorney, and the prisoner or pris…

[Repealed or reserved.]

545.885. Joint trials for persons jointly charged — exceptions — substantial prejudice defined. — 1. Notwithstanding Missouri supreme court rule 24.07, whenever two or more offenses are jointly charged in an indictment or information, the court shall order both or all offenses to…

545.890. Defendant imprisoned — discharge if not tried before end of second term. — If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held…

545.900. Defendant on bail — discharged if not tried before end of third term. — If any person indicted for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending which shall be held after…

545.910. When state not entitled to further continuance. — If, when application is made for the discharge of a defendant under either section 545.890 or 545.900, the court shall be satisfied there is material evidence on the part of the state which cannot then be had, that reason…

545.920. When defendant not entitled to discharge. — In all cities or counties in this state in which there shall be more than two regular terms of the court having jurisdiction of criminal cases, the defendant shall not be entitled to be discharged for the reasons and under the …

545.930. Endorsement or signature of pleadings in criminal cases. — Pleadings in criminal cases shall be attributed to a party or attorney or signed in the manner provided by supreme court rule. Any statutory requirement that pleadings be signed by any person shall be satisfied b…

545.940. Defendant may be tested for various serious infectious or communicable diseases, when. — 1. Pursuant to a motion filed by the prosecuting attorney or circuit attorney with notice given to the defense attorney and for good cause shown, in any criminal case in which a defe…

545.950. Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order. — 1. Except as provided by subsection 2 of this section, the defendant, the defendant's attorney, or an investigator, expert, consulting l…