22 chapters · 1,849 sections in this title.
§ 56.010 RSMo Prosecuting attorney — election — qualifications
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56.010. Prosecuting attorney — election — qualifications. — At the general election to be held in this state in the year A.D. 1982, and every four years thereafter, there shall be elected in each county of this state a prosecuting attorney, who shall be a person learned in the la…
§ 56.020 RSMo When term begins
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56.020. When term begins. — Prosecuting attorneys elected under the provisions of this chapter shall enter upon the discharge of their duties on the first day of January next after they shall have been elected. -------- (RSMo 1939 § 12935) Prior revisions: 1929 § 11310; 1919 § …
§ 56.060 RSMo Prosecutor's duties, generally, expenses — employed attorney, how compensated
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56.060. Prosecutor's duties, generally, expenses — employed attorney, how compensated. — 1. Each prosecuting attorney shall commence and prosecute all civil and criminal actions in the prosecuting attorney's county in which the county or state is concerned, defend all suits again…
§ 56.066 RSMo Additional compensation (certain counties) — full-time prosecutor, St.
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56.066. Additional compensation (certain counties) — full-time prosecutor, St. Francois County. — 1. In any county which contains facilities which are operated by the department of corrections with a total average yearly inmate population in excess of seven hundred and fifty pers…
§ 56.067 RSMo Prosecuting attorney must devote full time to office or special
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*56.067. Prosecuting attorney must devote full time to office or special prosecutions (certain counties). — In counties of the first classification not having a charter form of government and other counties in which the prosecuting attorney is a full-time position, the prosecutin…
§ 56.070 RSMo Prosecuting attorney's duties — exception
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56.070. Prosecuting attorney's duties — exception. — 1. The prosecuting attorney shall represent generally the county in all matters of law, investigate all claims against the county, and draw all contracts relating to the business of the county. He shall give his opinion, withou…
§ 56.080 RSMo Duties — habeas corpus
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56.080. Duties — habeas corpus. — In all criminal cases where any person or persons are brought up on writs of habeas corpus before a judge of any court of record, it shall be the duty of such attorney to attend upon the hearing of such application on behalf of the state. -----…
§ 56.085 RSMo Criminal investigations, prosecutors or circuit attorneys may obtain
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56.085. Criminal investigations, prosecutors or circuit attorneys may obtain subpoena for witnesses, records and books. — In the course of a criminal investigation, the prosecuting or circuit attorney may request the circuit or associate circuit judge to issue a subpoena to any w…
§ 56.087 RSMo Dismissal of complaints, information, indictments, or counts by prosecuting
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56.087. Dismissal of complaints, information, indictments, or counts by prosecuting or circuit attorneys without consent of the court — procedure. — 1. The prosecuting or circuit attorney has the power, in his or her discretion, to dismiss a complaint, information, or indictment,…
§ 56.090 RSMo Must be present, when
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56.090. Must be present, when. — No judge shall allow the cases alluded to in sections 56.060 and 56.080 to be tried before him, unless the prosecuting attorney or someone properly qualified to prosecute for him is present. The judge, before trying these cases, shall give due not…
§ 56.095 RSMo Annual report required (second class and certain first class counties)
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56.095. Annual report required (second class and certain first class counties). — The prosecuting attorney in counties of the first class not having a charter form of government and in counties of the second class shall make an annual report in November of each year to the county…
§ 56.110 RSMo If interested in case, court to appoint substitute
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56.110. If interested in case, court to appoint substitute. — If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his or her office, or shall be re…
§ 56.120 RSMo When sick, court to appoint substitute
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56.120. When sick, court to appoint substitute. — If he be sick or absent, such court shall appoint some person to discharge the duties of the office until the proper officer resumes the discharge of his duties. -------- (RSMo 1939 § 12949) Prior revisions: 1929 § 11323; 1919 §…
§ 56.130 RSMo Power of appointee
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56.130. Power of appointee. — The person appointed shall possess the same power as the proper officer would if he was present and shall receive a reasonable fee for each case prosecuted to be fixed by the court and to be taxed and paid as other costs in criminal cases. --------…
§ 56.140 RSMo Subject to fine, when
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56.140. Subject to fine, when. — If any prosecuting attorney shall fail to attend any term of the court having criminal jurisdiction in his county, held in pursuance of law, he shall be fined twenty-five dollars by the court, unless he show good cause to the contrary at the next …
§ 56.151 RSMo Assistants, investigators, clerical help, how paid, tenure — assistant
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56.151. Assistants, investigators, clerical help, how paid, tenure — assistant prosecutors, qualifications of (certain first class counties). — 1. The prosecuting attorney of all counties of the first class not having a charter form of government may appoint such assistant prosec…
§ 56.180 RSMo Assistants — duties (first class counties)
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56.180. Assistants — duties (first class counties). — In all counties of class one in this state, the assistant prosecuting attorneys shall discharge such duties as may be required of them in criminal and civil causes and in courts having jurisdiction of same on behalf of the sta…
§ 56.190 RSMo Stenographers — duties (first class counties)
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56.190. Stenographers — duties (first class counties). — In all counties of class one, the stenographers in the office of the prosecuting attorney shall, when so directed by the prosecuting attorney of such county, take down and transcribe for the use of the prosecuting attorney …
§ 56.200 RSMo Assistants — qualifications, salaries (second class counties)
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56.200. Assistants — qualifications, salaries (second class counties). — The prosecuting attorney, in counties of the second class, shall be entitled to: (1) Not more than four assistants when the assessed valuation of the county is less than two hundred fifty million dollars; (2…
§ 56.210 RSMo Assistants commissioned (second class counties)
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56.210. Assistants commissioned (second class counties). — When the prosecuting attorney, of any county of the second class, shall file with the county commission, the approval of the circuit judges of the county of the appointment of an assistant prosecuting attorney, as herein …
§ 56.220 RSMo Assistants — term of office — vacancy, how filled (second class counties)
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56.220. Assistants — term of office — vacancy, how filled (second class counties). — Such assistant prosecuting attorneys shall be commissioned for and hold their offices for the remainder of the term of the prosecuting attorney by whom they have been appointed, and in case of a …
§ 56.230 RSMo Stenographic and clerical help (second class counties)
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56.230. Stenographic and clerical help (second class counties). — The prosecuting attorney, in counties of the second class, may employ such stenographic and clerical help, with the approval of the county commission, as may be necessary to the efficient operation of his office. T…
§ 56.240 RSMo Assistant prosecuting attorneys — qualifications — oath — duties —
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56.240. Assistant prosecuting attorneys — qualifications — oath — duties — compensation (third class counties). — The prosecuting attorney in counties of the third class may appoint assistant prosecuting attorneys who shall be licensed attorneys in the state of Missouri and be su…
§ 56.245 RSMo Stenographic and clerical help, compensation (third and fourth class counties)
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56.245. Stenographic and clerical help, compensation (third and fourth class counties). — The prosecuting attorney in counties of the third and fourth class may employ such stenographic and clerical help as may be necessary for the efficient operation of his office. The salary of…
§ 56.250 RSMo Special counsel — compensation — qualifications (second, third, and fourth
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56.250. Special counsel — compensation — qualifications (second, third, and fourth class counties). — The governing body of each second, third, and fourth class county* in this state may, in its discretion, employ special counsel or an attorney to represent such county or countie…
§ 56.265 RSMo Compensation of prosecuting attorneys — training program, attendance
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56.265. Compensation of prosecuting attorneys — training program, attendance required, when, expenses, compensation — reporting, certificate of compliance — definition, prosecuting attorney to include circuit attorney (noncharter counties). — 1. The county prosecuting attorney in…
§ 56.291 RSMo To prepare written brief for attorney general in appealed criminal cases
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56.291. To prepare written brief for attorney general in appealed criminal cases (third and certain fourth class counties). — The prosecuting attorney in counties of the third and fourth class, in addition to his other duties provided by law, shall submit to the attorney general …
§ 56.293 RSMo To defend elected county officials in certain suits (second, third and
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56.293. To defend elected county officials in certain suits (second, third and fourth class counties). — In addition to all other duties imposed upon the prosecuting attorney in counties of the second, third and fourth classes, if any elected county official be sued in connection…
§ 56.300 RSMo Prosecuting attorneys — duties, coroners' inquests (third and fourth class
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56.300. Prosecuting attorneys — duties, coroners' inquests (third and fourth class counties). — The prosecuting attorney in counties of the third and fourth class shall attend inquests by coroners in cases of death occurring by violence, and which may result in a charge of felony…
§ 56.305 RSMo Judicial paroles — duties (third and fourth class counties)
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56.305. Judicial paroles — duties (third and fourth class counties). — The prosecuting attorney in counties of the third and fourth classes shall attend all hearings and applications for judicial paroles and investigate all applications for judicial paroles, make a complete inves…
§ 56.312 RSMo Fee for collection of delinquent taxes and fees — deposit — purpose —
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56.312. Fee for collection of delinquent taxes and fees — deposit — purpose — unexpended balance to remain in fund. — 1. Notwithstanding the provisions of sections 50.525 to 50.745, the one-half of the tax collection fee which is designated for the use of the prosecuting or circu…
§ 56.320 RSMo Fees paid to county treasury (first class counties)
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56.320. Fees paid to county treasury (first class counties). — In all counties of class one the salary of the prosecuting attorney is in lieu of all fees for criminal cases, but the fees of the prosecuting attorney shall continue to be taxed as heretofore, and, when collected, sh…
§ 56.330 RSMo Fees set aside as contingent fund (first class counties)
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56.330. Fees set aside as contingent fund (first class counties). — The treasurer of each county of class one shall set aside the prosecuting attorney's fees to be used as a contingent fund for the prosecuting attorney for the payment of the incidental expenses in bringing partie…
§ 56.340 RSMo Fees — records — collection (second, third and fourth class counties)
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56.340. Fees — records — collection (second, third and fourth class counties). — The prosecuting attorney, in counties of the second, third and fourth classes, shall charge upon behalf of the county every fee that accrues in his office and receive the same, and at the end of each…
§ 56.350 RSMo Acceptance of fee for signing pardon application deemed bribery — penalty
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56.350. Acceptance of fee for signing pardon application deemed bribery — penalty. — Any prosecuting attorney or circuit attorney, or any assistant prosecuting attorney or any assistant circuit attorney, or anyone who has held either one of said offices, who shall accept of any f…
§ 56.360 RSMo Employment in criminal cases prohibited — civil practice authorized
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56.360. Employment in criminal cases prohibited — civil practice authorized. — It shall be unlawful for any prosecuting attorney or circuit attorney, or any assistant prosecuting attorney or any assistant circuit attorney, during the term of office for which he shall have been el…
§ 56.363 RSMo Full-time prosecutor, ballot — effective date — continuing education
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56.363. Full-time prosecutor, ballot — effective date — continuing education requirement, duty to provide to peace officers — may qualify for retirement benefits, when — election in Cedar County. — 1. The county commission of any county may on its own motion and shall upon the pe…
§ 56.380 RSMo Not to accept fee or reward, except salary, courts of criminal jurisdiction
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56.380. Not to accept fee or reward, except salary, courts of criminal jurisdiction (cities of 700,000 or more) — penalty. — It is unlawful for the circuit attorneys or the assistant circuit attorneys of the courts of this state having jurisdiction of criminals within cities in t…
§ 56.410 RSMo May be suspended upon indictment — governor to appoint successor
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56.410. May be suspended upon indictment — governor to appoint successor. — Any officer who is indicted for the violation of section 56.380, in the discretion of the court of which he is an officer, or of the judge thereof, by an order of record in the records of the court, may b…
§ 56.420 RSMo Restoration to office
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56.420. Restoration to office. — If the suspended officer is acquitted he shall be restored to the office from which he was suspended, by an order of record of the court by which the suspension was made, and the commission and authority of the successor of the suspended officer s…
§ 56.430 RSMo Circuit attorney — election — qualifications (St. Louis City)
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56.430. Circuit attorney — election — qualifications (St. Louis City). — At the general election to be held in this state in the year 1948, and every four years thereafter, there shall be elected in the city of St. Louis one circuit attorney, who shall reside in said city, and sh…
§ 56.445 RSMo Circuit attorney and assistants to devote full time to office — special
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56.445. Circuit attorney and assistants to devote full time to office — special assistants may engage in civil practice (St. Louis City). — It shall be the duty of the circuit attorney of the City of St. Louis and of his assistants and associates to devote their entire time and e…
§ 56.450 RSMo Circuit attorney — duties (St. Louis City)
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56.450. Circuit attorney — duties (St. Louis City). — The circuit attorney of the City of St. Louis shall manage and conduct all criminal cases, business and proceedings of which the circuit court of the city of St. Louis shall have jurisdiction. He shall appear for the state in …
§ 56.453 RSMo Circuit attorney, additional duties, how established
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56.453. Circuit attorney, additional duties, how established. — If the St. Louis board of aldermen enacts an ordinance in accordance with the applicable provisions of the St. Louis City charter, the circuit attorney for the City of St. Louis may perform the following duties in ad…
§ 56.455 RSMo Circuit attorney to report on felons (St. Louis City)
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56.455. Circuit attorney to report on felons (St. Louis City). — In addition to his or her other duties, the circuit attorney of the City of St. Louis shall make a detailed report of all information in his or her possession pertaining to each person committed to the state peniten…
§ 56.460 RSMo Circuit attorney of St. Louis City, duty on felony and misdemeanor
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56.460. Circuit attorney of St. Louis City, duty on felony and misdemeanor complaints — office hours. — It shall be the duty of the circuit attorney of the City of St. Louis, in person or by assistants, to hear complaints in felony and misdemeanor cases and to file information in…
§ 56.470 RSMo Arrests for felony or misdemeanor to be reported to circuit attorney, when
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56.470. Arrests for felony or misdemeanor to be reported to circuit attorney, when — penalty for failure (St. Louis City). — 1. It shall be the duty of the chief of police of the City of St. Louis, within twenty hours after the arrest by the police of any person for felony or mis…
§ 56.510 RSMo Circuit attorney, duties, coroners' inquests
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56.510. Circuit attorney, duties, coroners' inquests. — The circuit attorney of cities that have five hundred thousand inhabitants or more is required to attend inquests held by coroners in cases of death occurring by violence, and which may result in a charge of felony. The circ…
§ 56.530 RSMo Circuit attorney, contingent fund
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56.530. Circuit attorney, contingent fund. — The treasurer of said city shall set aside the circuit attorney's fees so turned into the treasury of said city to be used as a contingent fund for the circuit attorney for the payment of the incidental expenses in bringing parties and…
§ 56.540 RSMo Circuit attorney — assistants, investigators, clerical employees, duties —
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56.540. Circuit attorney — assistants, investigators, clerical employees, duties — oath — compensation. — 1. The circuit attorney of such circuit may appoint one first assistant circuit attorney, one chief trial assistant, one warrant officer, one chief misdemeanor assistant and …